Jaile, Carlos Manuel ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-89,729-01
    EX PARTE CARLOS MANUEL JAILE, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 55671-384-1 IN THE 384TH DISTRICT COURT
    FROM EL PASO COUNTY
    Per curiam. Keller, P.J. and Keasler, J. dissent.
    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 aggravated
    kidnapping and aggravated sexual assault. He was sentenced to twenty years’ imprisonment for the
    kidnapping and life for the sexual assault. The Eighth Court of Appeals confirmed his convictions.
    Jaile v. State, 
    836 S.W.2d 680
    (Tex. App.—El Paso July 1, 1992).
    Applicant contends that the State withheld material exculpatory evidence in violation of
    Brady v. Maryland, 
    373 U.S. 83
    (1963). He alleges that lab results from forensic testing in this case
    and a possible extraneous offense were obtained prior to trial, but not turned over to the defense.
    2
    The trial court has determined that the State violated its duty to disclose evidence and that
    the evidence withheld was material. The trial court recommends granting relief. We agree.
    Relief is granted. The judgment in Cause No. 55671 in the 65th District Court of El Paso
    County is set aside, and Applicant is remanded to the custody of the Sheriff of El Paso County to
    answer the charges as set out in the indictment. The trial court shall issue any necessary bench
    warrant within 10 days after the mandate of this Court issues.
    Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional
    Institutions Division and Pardons and Paroles Division.
    Delivered: July 3, 2019
    Do not publish
    

Document Info

Docket Number: WR-89,729-01

Filed Date: 7/3/2019

Precedential Status: Precedential

Modified Date: 7/4/2019