Texas v. Thomas (Original)
Annotate this CaseVernon Moses was shot and killed in an apartment complex in Houston. Multiple witnesses gave statements to police; some of the witnesses testified at trial. Among those who testified was appellee Jeremy Thomas' girlfriend, Ciarra Vallery. Vallery stated that her sister, Shelita, was at the apartment complex on the night in question and told Vallery about the shooting, though Shelita said she "didn't see too much of it." During a bench conference after Vallery's testimony, the prosecutor asked defense counsel, "Are you going to put on [Shelita]?" Defense counsel responded, "No." Although Shelita did not testify at trial, she had given the police a statement, which appellee reviewed before giving his own statement to the police. Shelita's statement was made known and available to defense counsel months before the trial. A jury convicted appellee of murdering Moses, and the trial court assessed punishment at confinement for life. The question before the Court of Criminal Appeals in this case was whether a new trial could be granted in the interest of justice on a claim that defense counsel failed to call an exculpatory witness who was known to him and available at trial, if the claim was not based on ineffective assistance of counsel. The Court held that it could not. Therefore the Court affirmed the court of appeals which reserved the trial court.
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