After Applicant pleaded guilty and was sentenced, a lab report from the Department of Public Safety revealed that the substance Applicant possessed contained no controlled substances. Applicant alleges that the lab report shows that he is actually innocent of possession of a controlled substance.Maybe prosecutors ought to actually have the drugs tested before shipping defendants off to prison.
The trial court determined that the lab report shows that the "thick purple liquid" Applicant possessed contained no controlled substances. The trial court concluded that Applicant established by clear and convincing evidence that no reasonable trier of fact would have convicted him in light of the new evidence, which demonstrates that he is actually innocent. The trial court recommends granting relief and the State does not oppose granting relief. Applicant is entitled to relief.
Wednesday, March 05, 2014
Williamson County man actually innocent of drug possession where lab found no drugs existed: Habeas relief granted
Actual innocence claims come in a variety of stripes. Joey Ray Carabajal was convicted in Williamson County of possession of a controlled substance and sentenced to two years imprisonment. In an opinion issued February 26, the Court of Criminal Appeals granted habeas corpus relief, declaring: