Ex parte Garcia Glen White (original by presiding judge keller)
Annotate this CaseApplicant Garcia White was sentenced to death. In a subsequent habeas application, applicant claimed that, if certain newly discovered scientific evidence had been available at trial, it would likely have changed the jury’s answers to the special issues. Applicant claimed that this new evidence entitled him to relief under Article 11.073. After review, the Court of Criminal Appeals concluded that it did not, because evidence that would have changed only punishment did not satisfy Article 11.073’s requirement that the new evidence show that applicant “would not have been convicted.” Consequently, the Court dismissed the application.
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