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STATE v. THOMAS

No. PD-0121-13.

428 S.W.3d 99 (2014)

The STATE of Texas v. Jeremy THOMAS, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 21, 2014.

Attorney(s) appearing for the Case

Sarah V. Wood , Harris County Public Defender's Office, Houston, Lisa C. McMinn , State's Attorney, Austin, TX, for Appellee.

David C. Newell , Assistant District Attorney, Houston, TX, for The State.

KELLER, P.J., delivered the opinion of the unanimous Court.

The question in this case is whether a new trial may be granted in the interest of justice upon a claim that defense counsel failed to call an exculpatory witness who was known to him and available at trial, if the claim is not based on ineffective assistance of counsel. We hold that it may not. We therefore affirm the judgment of the court of appeals.1

I. BACKGROUND...

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