White, Garcia Glen

• Court: Court of Appeals of Texas
• Decided: May 25, 2016
• Docket: WR-48,152-08
• Status: Published

Opinion

WR-48,152-08 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/24/2016 9:49:27 PM Accepted 5/25/2016 6:30:17 AM ABEL ACOSTA NO. WR-48,152-08 CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS ________________________________________

GARCIA GLEN WHITE APPLICANT V. May 25, 2016

THE STATE OF TEXAS RESPONDENT ________________________________________

On Application for Post-Conviction Writ of Habeas Corpus In Cause No. 723847 in the 180th Judicial District Court Harris County MOTION FOR LEAVE TO SUBMIT AMICI CURIAE BRIEF IN SUPPORT OF THE APPLICANT ON BEHALF OF THE TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION, THE HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION, AND THE HARRIS COUNTY PUBLIC DEFENDER’S OFFICE

The Texas Criminal Defense Lawyers Association, the Harris

County Criminal Lawyers Association, and the Harris County Public

Defender’s Office seek permission to jointly submit an Amici Curiae

brief for this Court’s consideration. See Tex. R. App. P. 11. In support of

this motion, Amici Curiae would state the following:

I. A broad interpretation of Article 11.073 would better vindicate the rights of defendants who suffer confinement or collateral consequences due to unsound forensic evidence

This Court’s interpretation of Article 11.073 is important to many

types of writ applicants. For example, a narrow definition of “convicted”

may foreclose relief to potential writ applicants placed on community

supervision who are not finally convicted or who are not adjudicated guilty. Furthermore, a narrow definition of “convicted” could foreclose

relief to similarly-situated writ applicants based upon an arbitrary

distinction between sentencing issues that occur during the

guilt/innocence phase of trial (for instance, jurisdictional enhancements,

aggravating factors, culpable states of mind, Tex. Code Crim. Proc.

38.37 evidence, extraneous offenses offered for permissible purposes) or

sentencing issues that occur during the punishment phase of trial (for

instance mitigating circumstances, sentence enhancements,

aggravating factors, extraneous offenses). Amici curiae are concerned

that a narrow interpretation of “convicted” will leave many writ

applicants whose punishment or degree of punishment rests upon

unsound forensic science without a legal basis for relief.

II. Article 11.073’s legislative history supports a broad interpretation of “convicted”

Article 11.073 was conceived as a robust solution to the problem of

new forensic evidence undermining confidence in the outcomes of

criminal cases:

The question of how to deal with convictions based on false and discredited forensic testimony has arisen more frequently as the forensic sciences in recent years have undergone extensive review, leading to correction and updating in various fields and sometimes discrediting certain forms of forensic testimony. Rather than establish additional chapters for arson, dog-scent lineups, and every discredited forensic method, SB 344 would establish a single standard for when this scenario arises.

HOUSE RESEARCH ORGANIZATION, BILL ANALYSIS, Tex. S.B.344, 83rd Leg.

R.S. (2013). Amici curiae believes that there is no indication that Article

11.073 should be treated as a solution to inaccuracies that occur within

the guilt/innocence phase of trial but not the punishment phase of trial,

and a distinction between the phases for purposes of Article 11.073

would only frustrate the Legislature’s intent.

Prayer

Amici Curiae prays that this Court receive and consider the

accompanying Amici Curiae Brief, pursuant to Rule 11 of the Texas

Rules of Appellate Procedure.

Respectfully submitted,

SAM BASSETT, President, ANGELA MOORE, Co-Chair, Amicus Committee TEXAS CRIMINAL DEFENSE LAWYERS ASSOCIATION

TYLER FLOOD President, HARRIS COUNTY CRIMINAL LAWYERS ASSOCIATION ALEX BUNIN, Chief Public Defender, HARRIS COUNTY PUBLIC DEFENDER’S OFFICE

/s/ Nicolas Hughes NICOLAS HUGHES Counsel for Amici 1201 Franklin Street, 13th Floor Houston, Texas 77002 713-368-0016 713-386-9278 fax TBA No. 24059981 nicolas.hughes@pdo.hctx.net

CERTIFICATE OF SERVICE

I certify that a copy of this Motion for Leave to Submit Amici Curiae

Brief in Support of the Applicant on Behalf of the Texas Criminal Defense

Lawyers Association, the Harris County Criminal Lawyers Association,

and the Harris County Public Defender’s Office (White) has been served

upon the Harris County District Attorney's Office and upon the attorney

for the Applicant (Pat McCann), on May 24, 2016 by electronic service.

/s/ Nicolas Hughes NICOLAS HUGHES Counsel for Amici