Lewis, Damon Earl

• Court: Court of Criminal Appeals of Texas
• Decided: February 12, 2026
• Docket: WR-57,648-16
• Status: Published

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NOS. WR-57,648-13 WR-57,648-14 WR-57,648-15 WR-57,648-16

EX PARTE DAMON EARL LEWIS, Applicant

ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 0216853, 0216854, 0216855, AND 0216856 IN THE 8TH DISTRICT COURT HOPKINS COUNTY

Per curiam. FINLEY, J., filed a dissenting opinion joined by SCHENCK, P.J.; YEARY, J., dissented. OPINION

A jury convicted Applicant in 2002 of four offenses of aggravated sexual

assault of a child and two offenses of indecency with a child by contact. The State

alleged abuse of two victims: his stepdaughter, C.C., and her friend, M.N. At trial,

both girls testified, and the State presented SANE Kim Basinger’s testimony LEWIS - 2

regarding C.C.’s medical examination. There was no such medical examination of

M.N. The jury convicted Applicant on charges involving C.C. but acquitted on

those involving M.N.

Applicant presents Basinger’s recantation and newly available photographs

of C.C.’s 2001 SANE examination. Basinger now acknowledges that medical

consensus has evolved, and her trial testimony was incorrect. Dr. Joyce Adams, a

board-certified pediatrician, confirms that under current guidelines, the SANE

examination findings would be classified as non-specific or normal.

Article 11.073 of the Code of Criminal Procedure provides for relief when

relevant scientific evidence contradicts scientific evidence presented at trial, was

not previously ascertainable through reasonable diligence, would be admissible at

trial, and by a preponderance of the evidence would have changed the verdict. See

Ex parte Robbins, 478 S.W.3d 678 (Tex. Crim. App. 2014).

This Court has made an independent review of the record. Basinger’s

recantation and the photographs constitute newly available evidence not previously

ascertainable, and the evidence is admissible. The jury’s verdict pattern of

convicting on charges supported by medical evidence while acquitting on charges

lacking medical corroboration suggests that the jury strongly depended on SANE LEWIS - 3

Basinger’s now-recanted testimony.

The trial court entered findings agreed upon by both Applicant and the State

and recommends that this Court grant Applicant a new trial. We agree with the

trial court that Applicant has shown, by a preponderance of the evidence, he would

not have been convicted without SANE Basinger’s trial testimony. Relief is

granted.

The judgments in cause numbers 0216853, 0216854, 0216855, and 0216856

in the 8th District Court of Hopkins County are set aside, and Applicant is

remanded to the custody of the Sheriff of Hopkins County to answer the charges as

set out in the informations. 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: February 12, 2026 Do not publish