Scott, Johnny Calvin

• Court: Court of Criminal Appeals of Texas
• Decided: April 21, 2021
• Docket: WR-85,653-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-85,653-05

EX PARTE JOHNNY CALVIN SCOTT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-396-W011386-1359184-D IN THE 396TH DISTRICT COURT FROM TARRANT COUNTY

Per curiam.

ORDER

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 a 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. Applicant's conviction was affirmed by the Second Court of

Appeals in an unpublished opinion on June 4, 2015. Scott v. State, No. 02-14-00183-CR (Tex. App.

— Fort Worth 2015) (not designated for publication).

In the instant application, Applicant contends that he is actually innocent based on newly

discovered evidence, CODIS Hit Report linking DNA evidence found on the victim's body to

another person. In his second ground for relief, Applicant contends that a detective lied to him 2

during his interrogation when he told Applicant that no one else's DNA was found under the victim's

fingernails and that the State allowed perjured testimony by the detective when he testified to that

effect. The trial court determined that the CODIS report had been rescinded and concluded that

Applicant had presented no newly discovered evidence that constitutes affirmative evidence of his

innocence.

We agree. After a review of the record, we find that Applicant's actual innocence claim is

without merit. Therefore, we deny relief. Applicant’s second ground is barred from review under

Article 11.07, Section 4 of the Texas Code of Criminal Procedure. Therefore, that claim is

dismissed.

Filed: April 21, 2021 Do not publish