Court of Criminal Appeals of Texas

Ex Parte Navid Ocheghaz Ghahremani, Applicant

March 9, 20112011 Tex. Crim. App. LEXIS 330

Summary

The Texas Court of Criminal Appeals held that the State knowingly presented false testimony at the punishment phase, violating the applicant's Fourteenth Amendment due process rights, and that the false testimony was material under a "reasonable likelihood" standard. Because the State concealed evidence and the applicant could not raise the claim on direct appeal, the court granted relief and ordered new punishment hearings for both offenses.