RESULTS: 11.07 Writ Successful – Actual Innocence & Involuntary Plea – A Victory for Justice
On April 19, 2023, the Court of Criminal Appeals granted our client’s 11.07 writ of habeas corpus application on the grounds of actual innocence and an involuntary plea.
In 2017, our client faced conviction for Failure to Register as a Sex Offender, a third-degree felony, and received a 15-year sentence in the Texas Department of Criminal Justice (TDCJ).
Despite the maximum penalty for a third-degree felony being 10 years, enhancements due to prior convictions extended his sentence.
He served nearly five years before being released on parole in 2021. However, when we thoroughly reviewed case-related records from TDCJ and the Texas Department of Public Safety (DPS), we uncovered a critical error.
His duty to register expired in 2013, yet outdated records inaccurately suggested otherwise.
In 2022, DPS corrected these records to reflect the accurate End Registration Date.
This pivotal evidence demonstrated that our client could not have committed the crime for which he was charged in 2016.
Outcome
The State, trial court, and ultimately, the Court of Criminal Appeals acknowledged this injustice and granted relief to our client.
He was released from parole, and with our assistance, he applied for and received compensation under the Tim Cole Act. This act ensures monetary compensation for those wrongfully convicted within Texas.
Our dedication to justice not only secured our client’s freedom but also restored his rights and dignity. This case underscores our commitment to righting wrongs and advocating for those unjustly accused.
About The Attorney
Attorney Sarah Durham’s practice focuses on appellate advocacy. She is passionate about the research and writing intrinsic to appellate and post-conviction writ work.
She frequently uses her skills, including attention to detail and presenting the complex as comprehensible, when advocating for her clients.
On a given week, she may write a brief to one of the fourteen intermediate courts of appeals throughout Texas or submit a petition for discretionary review to the Texas Court of Criminal Appeals.
Sarah also focuses on and can often be found working on post-conviction writs of habeas corpus, including 11.07; new evidence; and other extraordinary writs for post-conviction relief.
Disclaimer
Attorney Sarah Durham works tirelessly to achieve the greatest possible results for each of our clients and their families. This is one of her successful results, settlements, and verdicts. Every case and client is unique and depends upon the individual facts and circumstances of each case. Clients may or may not obtain the same or similar results in each case.
