Ramirez, Ex Parte Jesus

• Court: Court of Criminal Appeals of Texas
• Decided: January 16, 2008
• Docket: AP-75,816
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,816 EX PARTE JESUS RAMIREZ, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 3084-A IN THE 154TH DISTRICT COURT

FROM LAMB COUNTY

Per curiam.

O P I N I O N

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 this application for writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to life imprisonment. The Seventh Court of Appeals affirmed his conviction. Ramirez v. State, No. 07-98-00277-CR (Tex. App. - Amarillo, April 30, 2001, pet. ref'd)).

Applicant contends that his trial counsel rendered ineffective assistance because counsel failed to investigate known alibi witnesses and known alternative suspects.

The trial court has determined that trial counsel's failure to investigate known alibi witnesses and known alternative suspects constituted deficient performance that prejudiced applicant. The court finds that had an adequate investigation been conducted, there is a reasonable probability that the evidence that would have been discovered and presented at trial would have created a reasonable doubt in the minds of the jurors and resulted in a different verdict. The court further finds that as a result of the failure to discover and present this evidence, one's confidence in the outcome of this case is undermined. These findings are supported by the record. See Ex parte Thompson, 153 S.W.3d 416, 418 (Tex. Crim. App. 2005). We agree with the trial court that Applicant is entitled to a new trial.

Habeas corpus relief is granted. The judgment in cause number 3084 from the 154th District Court of Lamb County is vacated, and Applicant is ordered remanded to the custody of the Sheriff of Lamb County so that he may answer the charges against him.

Delivered: January 16, 2008

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