Scott, Ex Parte Christopher Shun ( 2010 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. AP-76,304
    EX PARTE CHRISTOPHER SHUN SCOTT, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. F97-02028
    IN THE CRIMINAL DISTRICT COURT
    FROM DALLAS COUNTY
    Per curiam.
    OPINION
    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 capital murder
    and sentenced to life imprisonment. The Eighth Court of Appeals affirmed his conviction. Scott v.
    State, No. 08-97-00549-CR (Tex. App.– El Paso, Apr. 1, 1999, no pet.) (not designated for
    publication).
    Applicant contends that newly discovered confessions establish that he is actually innocent
    2
    of capital murder. The State agrees that the Applicant is entitled to relief.
    The trial court has determined that the Applicant has proven by clear and convincing
    evidence that no reasonable juror would have convicted him in light of newly discovered evidence.
    We agree with the trial court’s supplemental stipulated findings and conclusions, but decline to adopt
    conclusion of law 5 to the extent that it departs from the appropriate evidentiary standard. Therefore,
    based on the trial court’s findings and conclusions and our own review of the entire record, we find
    that Applicant is entitled to relief.
    The judgment of conviction in Case No. F97-02028 from the Criminal District Court from
    Dallas County is hereby set aside, and Applicant is remanded to the custody of the Sheriff of Dallas
    County to answer any charges against him. Copies of this opinion shall be sent to the Texas
    Department of Criminal Justice–Correctional Institutions Division and Pardons and Paroles Division.
    Delivered: March 3, 2010
    Do Not Publish
    

Document Info

Docket Number: AP-76,304

Filed Date: 3/3/2010

Precedential Status: Precedential

Modified Date: 9/16/2015