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CCA remands

By Karl R. Keys, Esq.

The Texas Court of Criminal Appeals remanded in Ex parte William Speers, No. WR-59,101-02, on the claim the State withheld evidence of a cooperation agreement was not disclosed. Applicant asserts that prison investigators used another inmate as an informant to testify against him. He alleges that this other inmate continually received benefits from the prison system in exchange for his testimony but that the State never made the extent of its special relationship with the informant known to Applicant. Applicant also argues that this claim meets the requirements of Article 11.071, § 5 (a)(1) because it could not have been presented previously in Applicant’s initial writ application for the reason that the factual basis of the claim was not available...continue to full post

Full post as published by Capital Defense Weekly on November 05, 2008 (boomark / email).