IN RE M.P.A.

No. 10-0859.

364 S.W.3d 277 (2012)

In the Matter of M.P.A., Petitioner.

Supreme Court of Texas.

May 18, 2012.


Attorney(s) appearing for the Case

F. Clinton Broden , Broden & Mickelson, Dallas, Dustin Mark Howell , Baker Botts, LLP, Austin, Deborah G. Hankinson , Hankinson Levinger LLP, Dallas, James Harrold Krelmeyer, Belton, Nancy Elizabeth Kennedy , Law Office of Nancy Kennedy, Dallas, for MPA.

Richard J. Miller , Bell County Attorney's Office, James Vernon Murphy , Assistant Bell County Attorney, John Thomas Gauntt Jr. , Bell County Attorney's Office, Belton TX, Deborah G. Hankinson , for State of Texas.

Craig T. Enoch , Enoch Kever PLLC, Austin, for amicus curiae Innocence Project of Texas.

Eric Roehm M.D. , Austin, pro se.


Justice GUZMAN delivered the opinion of the Court.

A jury found that M.P.A. committed sexual assault of a child based on the testimony of two witnesses who have now recanted, and sentenced M.P.A. to twenty years' confinement after hearing false testimony by a State's expert. The district court denied habeas relief and the court of appeals affirmed. M.P.A. asks us to reverse and hold that he is actually innocent, that the false testimony contributed to his sentence...

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