Court of Criminal Appeals of Texas

Ex Parte Cesar Robert Fierro A.k.a. Cesar Roberto Reyna

September 11, 19961996 Tex. Crim. App. LEXIS 191

Summary

The Court held that the State’s knowingly perjured testimony at the pre‑trial suppression hearing constituted a due‑process violation but, applying the Texas harmless‑error standard, found the error harmless because the applicant failed to show by a preponderance of the evidence that it contributed to his conviction; therefore the writ of habeas corpus was denied. The dissenting judges argued that the perjured testimony was material and that the applicant met his burden, and would have granted relief.