Elliff, Ex Parte Hicks Edward Jr.

Court of Criminal Appeals of Texas

Elliff, Ex Parte Hicks Edward Jr.

DecidedMay 9, 2007

DocketAP-75,679

StatusPublished

This text of Elliff, Ex Parte Hicks Edward Jr. (Elliff, Ex Parte Hicks Edward Jr.) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,679 EX PARTE HICKS EDWARD ELLIFF, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 82-CR-10284-B IN THE 117^TH JUDICIAL DISTRICT COURT

FROM NUECES COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to fifty-five years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Elliff v. State, No. 13-82-00191-CR (Tex. App. - Corpus Christi, October 27, 1983, no pet.).

Applicant contends that the State failed to disclose exculpatory evidence to the defense prior to trial, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 19 L.Ed.2d 215 (1963); see also Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002). Specifically, Applicant alleges that the State failed to disclose the existence of two witnesses who possessed information indicating that someone else committed the offense. We remanded to the trial court so that an evidentiary hearing could be held, and further findings made regarding Applicant's claim.

The trial court conducted an evidentiary hearing, and has determined that the prosecution withheld from Applicant the statement of Porter that was exculpatory to the defense, and that such evidence was material. The trial court concludes that Applicant was denied a fair trial and recommends that relief be granted. We agree.

The judgment in cause number 82-CR-10284-B in the 117^th Judicial District Court of Nueces County is set aside. Applicant is remanded to the custody of the Nueces County Sheriff to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: May 9, 2007

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,679 EX PARTE HICKS EDWARD ELLIFF, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 82-CR-10284-B IN THE 117^TH JUDICIAL DISTRICT COURT

FROM NUECES COUNTY

Per curiam.

O P I N I O N

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to fifty-five years' imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Elliff v. State, No. 13-82-00191-CR (Tex. App. - Corpus Christi, October 27, 1983, no pet.).

Applicant contends that the State failed to disclose exculpatory evidence to the defense prior to trial, in violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 19 L.Ed.2d 215 (1963); see also Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002). Specifically, Applicant alleges that the State failed to disclose the existence of two witnesses who possessed information indicating that someone else committed the offense. We remanded to the trial court so that an evidentiary hearing could be held, and further findings made regarding Applicant's claim.

The trial court conducted an evidentiary hearing, and has determined that the prosecution withheld from Applicant the statement of Porter that was exculpatory to the defense, and that such evidence was material. The trial court concludes that Applicant was denied a fair trial and recommends that relief be granted. We agree.

The judgment in cause number 82-CR-10284-B in the 117^th Judicial District Court of Nueces County is set aside. Applicant is remanded to the custody of the Nueces County Sheriff to answer the charge against him.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and Pardons and Paroles Division.

Delivered: May 9, 2007

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