In 2014, our client was convicted of Theft of Material, specifically aluminum – which is a Texas state jail felony offense.
He was ordered to two years in state jail, and probated for three years.
We filed an 11.072 writ of habeas corpus application on his behalf and argued that he was actually innocent of the offense because the material in question was not aluminum, but actually the metal tin.
Tin is not covered under the Texas statute.
The trial court, which is the judicial body that makes the final decision on an 11.072, granted the relief requested in our client’s application, found him actually innocent of that offense, and dismissed his case.
Following the dismissal, we filed a petition for expunction, which was also granted by the trial court.
Notably, several years passed between our client’s arrest and punishment—more than 8 years, actually.
But actual innocence is not subject to or hindered by timelines.
Most importantly, our client will not have to endure any lasting consequences from that arrest or offense.
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.
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