Regarding my next stage of appeals, I will be filing what is called a ‘Subsequent application’ which falls under chapter 11, Habeas Corpus article 11.071 § 5 subsequent writ (a)(1)(2) (see art 11.071).
What this will allow us to do it ‘try’ and get the courts to hear claims which they have never heard before, new claims.
- Newly discovered evidence (DNA)
- False expert testimony
- Prosecutorial misconduct
Withhold of exculpatory evidence
My biggest fear is now that the TCCA has ruled that the DNA in my case is not favorable to me nor would it had made a difference to at least one juror and denied me. Will they rule that all of these are also harmless errors because they are all directly tied to the newly discovered DNA results?