RESULTS: Theft of Aluminum Conviction Overturned; Client Found Innocent
In 2014, our client faced a serious legal challenge when he was convicted of Theft of Material, specifically aluminum, a felony offense in Texas.
This conviction resulted in a sentence of two years in state jail and a three-year probation period.
However, upon closer examination of the evidence, we discovered that a critical error had been made.
The material in question was not aluminum but tin. Under Texas law, tin does not fall within the statute for this specific offense.
Our Approach
We filed an 11.072 writ of habeas corpus application on behalf of our client, presenting a compelling argument for his actual innocence based on this misidentification of materials.
Successful Outcome
After thorough review, the trial court granted the relief requested in our application, declaring our client actually innocent of the offense.
The case was dismissed, allowing our client to move forward without the burden of an unjust conviction.
Expunction Achieved
Following the dismissal, we successfully filed a petition for expunction, which the trial court granted, ensuring no lasting consequences from the arrest or conviction.
Timeless Justice
It is important to note that over eight years had passed since our client’s arrest and punishment. However, actual innocence is timeless and cannot be constrained by such limitations.
Our dedication to justice and meticulous attention to detail led to a rightful outcome (conviction overturned) for our client, who can now enjoy a future free from the shadows of a wrongful conviction.
Here at Blizzard and Zimmerman Attorneys, we are committed to protecting the rights of our clients and ensuring that justice prevails.
For more information on our legal services or to discuss your post-conviction appeal and case, please contact us today.
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 writs of habeas corpus; 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.
