RESULTS: Proving Actual Innocence in Injury to a Child Case

When a husband and wife came to us last year for help, their lives had been turned upside down.

Each had pled guilty to charges of Injury to a Child – one facing a state jail felony with 3 years’ deferred adjudication and the other a first-degree felony with 5 years’ deferred adjudication.

The accusations were serious, the consequences life-altering.

They had done what they thought was best at the time, resolving to plead guilty to move forward without the daunting prospect of a lengthy trial.

However, a critical discovery soon changed the trajectory of their case.

The Case at Hand

After the guilty pleas to the injury to a child charges were entered, new medical information came to light.

The couple’s child was diagnosed with a brain injury, and their pediatrician raised the possibility of cerebral palsy.

This diagnosis introduced an essential question with no definitive answer – Was the child’s injury caused by abuse, or was it related to a medical condition that the parents could not possibly have foreseen or controlled?

The medical uncertainty was profound. No doctor could definitively determine whether the brain injury was pre-existing, contributed to, or caused the reported injury to the child.

The couple’s guilty pleas had been made in the absence of this critical medical evaluation, leaving the full picture of what happened unexamined.

Faced with these revelations, we knew we had to act swiftly and decisively to prove their innocence.

Our Legal Approach

Filing two Article 11.072 writs of habeas corpus (designed to remedy convictions during probation), we argued that the new medical insights were enough to establish the couple’s innocence by clear and convincing evidence.

Here’s how we built their defense:

• Presented New Medical Evidence: We provided medical reports highlighting the possibility of a pre-existing brain injury or an undiagnosed medical condition like cerebral palsy.
• Challenged the Basis of the Guilty Pleas: We demonstrated that their guilty pleas were based on incomplete information and lacked critical medical certainty.
• Argued Innocence by Clear and Convincing Evidence: Using the new evidence, we asserted that no reasonable jury could convict the couple given the medical ambiguity.
• Highlighted the Limits of Medical Determination: We emphasized that it was scientifically impossible for a doctor to definitively state whether the child’s injuries were caused intentionally or resulted from the brain injury, raising significant doubt about abuse. This new perspective fundamentally undermined the original case against the couple.

The Outcome

The State of Texas agreed.

After reviewing the new evidence and our legal arguments in this injury to a child case, the trial court declared both individuals actually innocent. Not only were their convictions vacated, but the injury to a child charges were dismissed entirely.

What’s more, both cases are now set to be expunged, clearing their records and giving the family a fresh start.

Why This Case Matters

This case underscores the importance of revisiting convictions when new evidence arises. Without the updated medical diagnosis and our team’s dedicated effort, an injustice might have gone unchallenged.

For families facing similar circumstances, this outcome is a testament to the vital role that thorough investigation and evidence-based advocacy play in the legal system. When lives and reputations are on the line, no detail is too small to examine.

How We Can Help

At Blizzard and Zimmerman Attorneys, our commitment to justice for our clients goes beyond navigating legal procedures – it’s about seeing the human side of every case.

If you or someone you know is facing wrongful allegations, contact us to discuss how we can help.

Your story matters, and we’re here to fight for the justice you deserve.