In a matter referred to Weil by The Innocence Project, a Weil pro bono team, working closely with local counsel and the Conviction Integrity Division of the Dallas, Texas District Attorney’s Office, successfully represented their client in a habeas petition to overturn his conviction.
Their client was convicted of sexual assault in 1990 and sentenced to 40 years in prison. Although their client maintained his innocence, he pled guilty fearing that if the case was taken to trial, he would get life in prison.
After his conviction, their client discovered that he was arrested due to the victim’s testimony that one of the alleged perpetrators was wearing a hat and that he was identified by the victim solely based on his hat, not his face. In 2000, their client sought DNA testing of the evidence and materials collected, but was denied. In 2008, with the assistance of The Innocence Project, their client successfully petitioned for DNA testing, and the results of the DNA testing excluded their client as a contributor.
Their client served more than 26 years in prison before he was released on parole and required to register as a sex offender. Since their client’s conviction, the victim recanted her testimony and identification of their client.
The Weil Team, with the assistance of local counsel, filed a habeas petition under Texas law seeking to vacate their client’s guilty plea due to new scientific evidence, the victim’s recantation and due process grounds. The Dallas County Criminal Court signed the Findings of Fact in March 2023, finding that their client’s due process rights were violated and that his guilty plea should be vacated. The Findings of Fact are now before the Texas Court of Criminal Appeals.