McGinnis, Damian Karl

• Court: Court of Criminal Appeals of Texas
• Decided: October 4, 2023
• Docket: WR-95,123-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-95,123-01

EX PARTE DAMIAN KARL MCGINNIS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1405940-A IN THE 262ND DISTRICT COURT FROM HARRIS COUNTY

Per curiam.

OPINION

Applicant was convicted of manufacture/delivery of a controlled substance and sentenced

to seven months’ imprisonment. He did not appeal his conviction. 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 raises claims of false evidence and involuntary plea related to the discovery of

prior misconduct by former Houston Police Officer Gerald Goines, who was the sole witness against

Applicant in his case. The trial court adopted the parties’ agreed findings of fact and conclusions

of law recommending that Applicant be granted relief. Ex parte Mathews, 638 S.W.3d 685 (Tex.

Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). We agree. 2

Relief is granted. The judgment in cause number 140594001010 in the 232nd District Court

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

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Delivered: October 4, 2023 Do not publish