Opinion
NO. WR-85,161-02
10-04-2017
Ex parte ERNEST LEE SONNIER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 453191-A IN THE 209TH DISTRICT COURT FROM HARRIS COUNTY
KELLER, P.J., filed a dissenting opinion in which KEASLER and HERVEY, JJ., joined.
As far as I can tell, the complaining witness has not been notified of Applicant's claims, much less been given an opportunity to respond to them. Before granting relief, we should at least try to obtain testimony from the complaining witness. Because the Court grants relief without making an effort to hear from the complaining witness, I respectfully dissent. Filed: October 4, 2017
Publish
Cf. Ex parte Brown, 205 S.W.3d 538, 541-42 (Tex. Crim. App. 2006) (relief denied after case had been remanded for a live evidentiary hearing on actual innocence at which complaining witness testified).