ERNEST LEE SONNIER v. << (2017)

Court of Criminal Appeals of Texas.

Ex parte ERNEST LEE SONNIER, Applicant

NO. WR-85,161-02

Decided: October 04, 2017

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.¹ Because the Court grants relief without making an effort to hear from the complaining witness, I respectfully dissent.

FOOTNOTES

1. 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).

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