CourtListener 9368050•Luera, Michael Keith Jr.
Gesamter Gesetzestext
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,813-01
EX PARTE MICHAEL KEITH LUERA, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. A-13,345-A IN THE 173RD DISTRICT COURT
FROM HENDERSON COUNTY
Per curiam. KELLER , P.J. filed a dissenting opinion in which HERVEY , YEARY , and
SLAUGHTER , JJ., joined.
OPINION
Applicant pled guilty to indecency with a child and was placed on deferred-adjudication
community supervision for eight years. His community supervision was subsequently revoked, and
he was sentenced to four years’ imprisonment. The Twelfth Court of Appeals affirmed his
conviction. Luera v. State, No. 12-09-00101-CR (Tex. App. — Tyler, Feb. 26, 2010). 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, supported by an affidavit from the
complainant recanting her allegations against him. Based on the record and after a hearing during
2
which the complainant testified and recanted her original statements, the trial court has determined
that Applicant has established by clear and convincing evidence that it is more likely than not that
no reasonable juror would have convicted him in the light of the new evidence.
We agree. Relief is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996);
Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgment in cause number A-13,345
in the 173rd District Court of Henderson County is set aside, and Applicant is remanded to the
custody of the Sheriff of Henderson County to answer the charges as set out in the information. 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.
Delivered: January 11, 2023
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