Kemmerer, Trenda Loue

• Court: Court of Criminal Appeals of Texas
• Decided: January 25, 2023
• Docket: WR-92,567-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,567-01

EX PARTE TRENDA KEMMERER, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 0884941-A IN THE 174TH DISTRICT COURT FROM HARRIS COUNTY

Per curiam. WALKER , J. dissented.

ORDER

Applicant was convicted of murder and sentenced to fifty-five years’ imprisonment. The

First Court of Appeals affirmed her conviction. Kemmerer v. State, 113 S.W.3d 513 (Tex. App.—

Houston [1st Dist.] 2003). 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 alleges that she is entitled to relief due to the change of an expert witness’ opinion.

TEX . Code CRIM . PRO . Art. 11.073. The trial court found the change of opinion to be material and

recommended granting relief. We disagree.

The expert who changed her opinion was only one of five experts who testified at trial. The 2

issue in question was litigated at trial and the existence of differing opinions within the scientific

community was brought to the attention of the jury. Applicant does not show by a preponderance

of the evidence that had this change of opinion been presented at trial, the applicant would not have

been convicted of murder. TEX . Code CRIM . PRO . Art. 11.073.

Based on this Court’s independent review of the entire record, we deny relief.

Filed: January 25, 2023 Do not publish