Greer, Randolph Mansoor ( 2005 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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WR-53,836-02

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EX PARTE RANDOLPH MONSOOR GREER

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ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. 602461 IN THE 228^TH DISTRICT COURT HARRIS COUNTY

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  Per Curiam.



O R D E R

This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 § 5.

In June 1992, applicant was convicted of the offense of capital murder. The jury answered the special issues submitted pursuant to Article 37.071, Tex. Code Crim. Proc., and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Greer v. State, No. 71,533 slip op. (Tex. Crim. App. Oct. 26, 1994) (unpublished). Applicant's initial application was received in this Court on October 7, 2002, and relief was denied by written order dated November 27, 2002.

In a single allegation in this subsequent application, applicant asserts that newly discovered evidence of serious protocol problems in the handling and preserving of DNA evidence at the Houston Police Department crime lab reveals that the State destroyed evidence that could have rebutted the claim that applicant's blood was at the crime scene. Applicant relies upon Arizona v. Youngblood, 488 U.S. 51 (1988).

We have reviewed the application and find that the allegations satisfy the requirements of Article 11.071 § 5. Accordingly, we remand the application to the trial court for consideration of applicant's claim. Because this Court does not hear evidence, we remand to the trial court for a live evidentiary hearing at which both the State and applicant may introduce documentary evidence and witness testimony. Following receipt of the evidence, the trial court shall make any findings of fact and conclusions of law it deems relevant and appropriate to the disposition of this subsequent application. A supplemental transcript containing all documentary evidence and the transcription of the court reporter's notes from all hearings held, along with the trial court's findings of fact and conclusions of law, shall be returned to this Court.

IT IS SO ORDERED THIS THE 14^TH DAY OF SEPTEMBER, 2005.

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