Opinion
WR-94,420-01
04-26-2023
EX PARTE WILLIE MORNEL THOMAS, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. C-297-W012152-1234864-A IN THE 297TH DISTRICT COURT FROM TARRANT COUNTY
ORDER
PER CURIAM
Applicant was convicted of capital murder and sentenced to life imprisonment. The Second Court of Appeals affirmed his conviction. Thomas v. State, No. 02-11-00289-CR (Tex. App.-Ft. Worth Nov. 9, 2012)(not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that he is actually innocent, that new scientific evidence would have changed the outcome of trial had it been known, and that he was convicted on the basis of false evidence. We order that this application be filed and set for submission to determine whether "knowing use" and "unknowing use" of false testimony claims should employ different standards of materiality or, in at least some cases, be susceptible to different standards of harm. The parties shall brief these issues. Oral argument is permitted.
It appears that Applicant is represented by counsel. Applicant's brief shall be filed with this Court within 30 days of the date of this order. The State's response shall be filed within 30 days after the filing of Applicant's brief.