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: Capital Defense Weekly

Yeah, that’s right, pigs flying so high it’s closer to pigs in space — Texas style

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals remanded Wednesday in Ex Parte Larry Swearingen, WR-53,613-05, for further proceedings with directions Applicant’s claims five and six allege that the State withheld material, exculpatory evidence and knowingly sponsored false testimony. We find that applicant’s claims five and six meet the tequirements for consideration of subsequent claims. These claims are remanded to the convicting court for resolution. While resolving the claims, we request that the convicting court specifically inquire into the following: (1) Whether applicant’s trial counsel reviewed or had access to the reports that Robbie Grove had been interviewed as a suspect or person with possible information as part of the investigation; (2) whether habeas counsel reviewed or had access to the reports that Robbie Grove was investigated, and (3) whether investigators interviewed Lisa Roberts as part of the investigation...continue to full post

Full post as published by Capital Defense Weekly on March 06, 2008 (boomark / email).