Ex Parte Clarence Lee Brandley, Applicant

Summary

The Texas Court of Criminal Appeals set aside Brandley’s death‑sentence conviction, holding that the State’s investigative conduct violated due process by being impermissibly suggestive and producing false testimony. The majority applied the totality‑of‑the‑circumstances test from Foster and related cases. Two dissenting judges argued the evidence was insufficient for relief, while a concurring judge stressed deference to the habeas court’s findings.