Ex parte Navarijo: WR-79,286-01

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“the standard for proving actual innocence is unforgiving… a Herculean task.” Actual Innocence: The recantation by the complaining witness, now an adult, of allegations made when the witness was five years old was not sufficient to prove actual innocence. _________________________________________________________________________________ … Continued

Petty v. State; No. 01-12-00902-CR; 01-12-00902-CR

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In an intoxication manslaughter prosecution, defendant’s trial counsel was not ineffective for electing to not obtain an expert to testify regarding horizontal gaze nystagmus, where there was “ample evidence of intoxication” outside of the HGN test.  Furthermore, per the particular … Continued

PD-1341-13; Matthews v. State

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There may be a reasonable expectation of privacy in a borrowed motor vehicle.  This expectation of privacy can disappear if the borrower of the vehicle abandons the vehicle. Decision: IN THE COURT OF CRIMINAL APPEALS OF TEXAS _____________________________________________________ NO. PD-1341-13 … Continued

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