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Ex parte Santillan

Court of Criminal Appeals of Texas
Feb 22, 2023
WR-49,763-02 (Tex. Crim. App. Feb. 22, 2023)

Summary

agreeing that the applicant had probably established true "actual innocence," and was therefore entitled to relief, but refusing to join the Court's opinion because it declared him "actually innocent" simply because he satisfied the Elizondo standard

Summary of this case from Ex parte Lane

Opinion

WR-49,763-02

02-22-2023

EX PARTE MARTIN LUCIO SANTILLAN, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W97-51514-R(B) IN THE 265TH DISTRICT COURT FROM DALLAS COUNTY

OPINION

PER CURIAM

Applicant was convicted of capital murder and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Santillan v. State, No. 05-98-00532-CR (Tex. App.-May 11, 2000) (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 new DNA evidence shows that he is actually innocent and that he entitled to relief on the basis of Texas Code of Criminal Procedure Article 11.073. The trial court has determined, and the State agrees, that Applicant has established (1) by clear and convincing evidence that he is actually innocent and (2) that had the scientific evidence been presented at his trial, on the preponderance of the evidence, Applicant would not have been convicted.

We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996); Tex. Code Crim. Pro. art. 11.073. The judgment in cause number F97-51514-UR in the 265th District Court of Dallas County is set aside, and Applicant is remanded to the custody of the Sheriff of Dallas County to answer the charges as set out in the indictment. The trial court shall issue any necessary bench warrant within ten days from the date of this Court's mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice-Correctional Institutions Division and the Board of Pardons and Paroles.

Yeary, J., filed concurring opinion.

I have previously said that I am not opposed to granting conviction relief to an applicant who can meet the standard set out in Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). I just do not agree that such an applicant has necessarily established, by virtue of meeting that standard alone, that he is "actually innocent." See Ex parte Chaney, 563 S. W3d 239, 286 (Tex Crim App 2018) (Yeary, J, concurring) ("I do not regard the Elizondo standard as sufficiently rigorous to justify the nomenclature of 'actual innocence.'"). One who satisfies only the Elizondo burden (to establish only that, considering the new evidence presented, by clear and convincing evidence, no rational factfinder would now find the defendant guilty) has not necessarily proven that he is actually innocent. Elizondo, 947 S.W.2d at 209.

In this case, however, it occurs to me that Applicant may well have made a "conclusive" showing that he is in fact innocent of the crime for which he was convicted. See Ex parte Cacy, 543 S.W.3d 802, 804 (Tex. Crim. App. 2016) (Yeary, J., concurring) ("My bottom line is that, though I remain content to grant habeas relief to any applicant who satisfies the Elizondo standard, I would avoid the label of actual innocence-at least in the absence of evidence that conclusively proves, not just that a reasonable jury, by clear and convincing evidence, would not have convicted him, but that the applicant manifestly did not commit the offense."). Even so, the Court's per curiam opinion today insists on declaring Applicant to be "actually innocent" simply because he has satisfied the standard established in Elizondo. And for that reason, regrettably, I cannot join the Court's opinion. Respectfully, even though I am convinced by the evidence presented that Applicant is in fact actually innocent of the crime for which he was convicted, I concur only in the result reached by the Court, not in its rationale.


Summaries of

Ex parte Santillan

Court of Criminal Appeals of Texas
Feb 22, 2023
WR-49,763-02 (Tex. Crim. App. Feb. 22, 2023)

agreeing that the applicant had probably established true "actual innocence," and was therefore entitled to relief, but refusing to join the Court's opinion because it declared him "actually innocent" simply because he satisfied the Elizondo standard

Summary of this case from Ex parte Lane
Case details for

Ex parte Santillan

Case Details

Full title:EX PARTE MARTIN LUCIO SANTILLAN, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Feb 22, 2023

Citations

WR-49,763-02 (Tex. Crim. App. Feb. 22, 2023)

Citing Cases

Ex parte Lane

Ex parte Cacy, 543 S.W.3d 802, 803 (Tex. Crim. App. 2016) (Yeary, J., concurring). See Ex parte Chaney, 563…