Fournier v. Texas (original by judge keasler)
Annotate this CaseAfter being convicted and sentenced for online solicitation of a minor, Curtis Fournier and Christopher Dowden filed applications for a writ of habeas corpus. In addition to seeking relief based on the Court of Criminal Appeals' opinion holding the applicable statute unconstitutionally overbroad, Applicants also sought relief under an actual innocence theory. Holding that Applicants did not present true actual innocence claims, the Court concluded they were not entitled to actual innocence relief. However, consistent with precedents granting relief under an unconstitutional statute theory, the Court set aside Applicants’ judgments. The cases were remanded to their respective trial courts for dismissal of the indictments.
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