Clark, Melissa Ann

• Court: Court of Criminal Appeals of Texas
• Decided: November 27, 2024
• Docket: WR-95,900-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,900-01

EX PARTE MELISSA ANN CLARK, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1314445-A IN THE 180TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant pleaded guilty to delivery of cocaine, less than one gram, and was sentenced to

nine months of incarceration in the state jail. Through habeas counsel, Applicant filed this

application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07. Applicant’s sentence has discharged, but

she pleads collateral consequences, so this Court may consider the habeas application. See Ex parte

Harrington, 310 S.W.3d 452, 457 (Tex. Crim. App. 2010).

Applicant asserts that Gerald Goines, the former Houston police officer who arrested her,

provided false evidence, and she alleges that her guilty plea was involuntary. The trial court finds, with the State’s agreement, that Applicant has established a presumption of falsity that is unrebutted.

See Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597

(Tex. Crim. App. 2014). Also with the State’s agreement, the trial court finds that Applicant’s guilty

plea was involuntary due to the prosecution’s non-disclosure of Goines’s pattern of falsifying

evidence in other cases during the same period. See Ex parte Barnaby, 475 S.W.3d 316 (Tex. Crim.

App. 2015).

The trial court adopted the parties’ proposed agreed findings. The trial court recommends

granting habeas relief. The record supports the findings and recommendation. Relief is granted.

Brady v. United States, 397 U.S. 742 (1970). The judgment in Cause No. 131444501010 in the

180th District Court of Harris County is set aside. Applicant shall answer the charges as set out in

the information. The trial court shall issue any necessary orders within 10 days after the mandate

of this Court issues.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and Pardons and Paroles Division.

Delivered: NOVEMBER 27, 2024

Do Not Publish