Mejia, Carmen

• Court: Court of Criminal Appeals of Texas
• Decided: January 22, 2026
• Docket: WR-82,126-02
• Status: Published

Opinions

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-82,126-02

EX PARTE CARMEN MEJIA, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-04-904057-B IN THE 167TH DISTRICT COURT TRAVIS COUNTY

Per curiam. FINLEY, J., filed a concurring and dissenting opinion in which Parker, J., joined.

OPINION

Applicant was convicted of felony murder (count 1), injury to a child (count

2), and injury to a child by omission (count 3). She was sentenced to life

imprisonment on each count, to run concurrently. The Third Court of Appeals

affirmed her convictions. Mejia v. State, No. 03-05-00838-CR (Tex. App.—Austin

May 29, 2008) (not designated for publication). Applicant filed this application for

a writ of habeas corpus in the county of conviction, and the district clerk forwarded 2

it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.

Applicant contends that her due process rights were violated by the State’s

introduction of false or misleading testimony at her trial; that newly available

scientific evidence entitles her to relief under Texas Code of Criminal Procedure

Article 11.073; that newly discovered evidence establishes that she is actually

innocent of all three counts; and that trial counsel were ineffective. The parties all

agree that Applicant is entitled to relief based on these four grounds. The trial

court has, among other things, determined that Applicant has established by clear

and convincing evidence that she is actually innocent of all three counts.

We agree that Applicant has established that she is actually innocent. Relief

is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996); Ex parte

Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgments in cause number

9044057 in the 167th District Court of Travis County are 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. 3

Delivered: January 22, 2026 Do not publish