Gardner, Scott Arthur

• Court: Court of Criminal Appeals of Texas
• Decided: September 28, 2011
• Docket: WR-75,825-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NOS. WR-75,825-01 AND -02 EX PARTE SCOTT ARTHUR GARDNER, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS

CAUSE NOS. F-0245405-SV AND F-0245407-SV

IN THE 292ND JUDICIAL DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

O R D E R

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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two charges of aggravated sexual assault of a child and was sentenced to two cumulated terms of twelve years' imprisonment. The convictions and sentences were affirmed on direct appeal. Gardner v. State, No. 05-04-00587-CR (Tex. App.--Dallas del. July 15, 2005).

Applicant contends in his applications that he is actually innocent of the offenses, that he was denied his right to effective assistance of counsel, and that the State failed to disclose favorable and material evidence in accordance with Brady v. Maryland, 373 U.S. 83, 87-88 (1963). After a live evidentiary hearing, the trial court entered findings of fact and recommends that relief be denied.

After an independent review of the record provided to this Court, including a transcript of the evidentiary hearing, we agree with the trial court's recommendation. Relief on Applicant's claims should be denied. The trial court's findings of fact are supported by the record and are adopted by this Court as our own except for Finding Numbers 57, 64, 65, 70, and 85, which this Court does not adopt.

Relief is therefore denied.

Delivered: September 28, 2011

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