Ex party Barnaby (original per curiam)
Annotate this CaseApplicant Kemos Barnaby plead guilty in a package deal to four separate offenses of possession of a controlled substance with intent to deliver and was sentenced to four concurrent fifty-year sentences. In his application for writ of habeas corpus, applicant challenged only the voluntariness of his plea to the offense charged in Case No. 09-04-04192-CR. There, the forensic technician assigned to analyze the seized substance was Jonathan Salvador, who was known to have falsified test results. The Court of Criminal Appeals remanded to the trial court so that the parties could present arguments on what standard of review was appropriate for examining materiality. The Court held that materiality of false evidence in the context of a guilty plea should be examined under the same standard used to assess materiality of counsel’s deficient performance in the context of a guilty plea: if applicant had known that the evidence was false he would not have plead guilty but would have insisted on going to trial. The Court inferred that the laboratory report in applicant’s case was falsified, the Court nevertheless found that its falsity was not material to his decision to plead guilty, and denied relief.
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