Court of Criminal Appeals of Texas

Ex Parte Stephen Craig Thompson, Applicant

January 12, 20052005 Tex. Crim. App. LEXIS 4

Summary

The Court held that the applicant met the Elizondo burden of showing, by clear and convincing evidence, that no reasonable juror would convict him in light of newly discovered evidence, and therefore granted habeas relief, setting aside his conviction and remanding for further proceedings. The decision was joined by a concurrence affirming the duty to protect the innocent and a dissent arguing the new evidence does not meet the required standard.