Opinion
NO. WR-87,660-01
03-21-2018
EX PARTE KRISTOPHER JOSEPH LALONDE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. F1420932-A IN THE 145TH DISTRICT COURT FROM NACOGDOCHES COUNTY
Per curiam. ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of methamphetamine and sentenced to seven years' imprisonment.
Applicant contends that he was denied due process and that the State violated Brady regarding State's witness Sheriff's Chief Deputy Stephen Godfrey. Brady v. Maryland, 373 U.S. 83(1963); Kyles v. Whitley, 514 U.S. 419 (1995); United Stated v. Bagley, 473 U.S. 667 (1985). Godfrey had testified at Applicant's suppression hearing and at his trial. Godfrey was subsequently indicted for aggravated perjury because he had testified falsely in other criminal cases. Godfrey avoided prosecution through a pretrial diversion, but the State indicated it would no longer rely on Godfrey as a prosecution witness due his aggravated perjury.
We order that this application be filed and set for submission to determine whether: (1) Applicant's conviction should be set aside, and he be ordered to answer the indictment, in light of Godfrey's aggravated perjury in the other cases and his alleged aggravated perjury in Applicant's case; and (2) whether the State violated Brady regarding Godfrey's aggravated perjury. The parties shall brief these issues.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before 90 days of the date of this order. Filed: March 21, 2018
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