Court of Criminal Appeals of Texas
Ex Parte Steven Mark Weinstein, Applicant
January 29, 20142014 Tex. Crim. App. LEXIS 123
Summary
The Court denied the applicant's habeas corpus petition, holding that the key witness's false denial of hallucinations was not material to the jury's verdict and that the applicant also failed to demonstrate ineffective assistance of counsel. The decision rests on a de novo review of materiality, finding ample corroborating evidence independent of the false testimony. A concurring opinion argued that unknowing false testimony should be subject to a higher materiality standard. The Court affirmed the lower court's denial of relief.