Faircloth, Billy

• Court: Court of Criminal Appeals of Texas
• Decided: March 29, 2023
• Docket: WR-81,450-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-81,450-02

EX PARTE BILLY FAIRCLOTH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-11-200824-A IN THE 167TH DISTRICT COURT FROM TRAVIS COUNTY

Per curiam. YEARY , J., concurred. NEWELL, J., did not participate.

OPINION

Applicant was convicted of aggravated assault with a deadly weapon and sentenced to sixty

years’ imprisonment. The Third Court of Appeals affirmed his conviction. Faircloth v. State, No.

03-12-00133-CR (Tex. App.—Austin May 20, 2013) (not designated for publication). 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 contends, among other things, that unreliable DNA evidence was relied upon to

secure his conviction. The State and the habeas court both agree that he is entitled to relief on the

basis of Texas Code of Criminal Procedure Article 11.073.

Relief is granted. The judgment in cause number D-1-DC-11-200824-A in the 167th District 2

Court of Travis County is set aside, and Applicant is remanded to the custody of the Sheriff of Travis

County to answer the charges as set out in the indictment. The trial court shall issue any necessary

bench warrant within ten days from the date of this Court’s mandate.

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

Institutions Division and the Board of Pardons and Paroles.

Delivered: March 29, 2023 Do not publish