Stroud, Ex Parte R. A. ( 2007 )


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  • IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS




    NO. AP-75,638


    EX PARTE R. A. STROUD, Applicant



    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 114-1633-04-A IN THE 114
    TH DISTRICT COURT

    FROM SMITH COUNTY


       Per curiam.



    O R D E R  



    Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to twenty years' imprisonment. He did not appeal his conviction.

    Applicant contends that he is actually innocent of aggravated sexual assault. We order that this application be filed and set for submission to determine whether: (1) this Court's actual innocence jurisprudence should apply to persons innocent only of an aggravated element of an offense; (2) Applicant's decision to consume alcohol should be a factor in determining whether evidence was unavailable at trial; and (3) we should adopt a medical standard in actual innocence cases for evidence that was not available as a result of conditions that affected a person's capacity to remember facts at trial. The parties shall brief these issues. Oral argument is permitted.

    It appears that Applicant is represented by counsel. Applicant's brief shall be filed with this Court within 30 days of the date of this order. The State's response shall be filed within 30 days after the filing of Applicant's brief.



    Filed: March 21, 2007

    Do not publish

Document Info

Docket Number: AP-75,638

Filed Date: 3/21/2007

Precedential Status: Precedential

Modified Date: 9/15/2015