CourtListener 10333854•Gaderson, Willie Earl
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-96,154-01
EX PARTE WILLIE EARL GADERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1523576-A IN THE 178TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. SCHENCK, P.J., YEARY and PARKER, JJ., concurred. FINLEY J.
dissented.
OPINION
Applicant pleaded guilty and was convicted of delivery of a controlled substance (cocaine)
less than one gram and sentenced to six months imprisonment. 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 his plea was involuntary because he did not know of the bad acts of
the officer who implicated him in this alleged offense. The State and the trial court agree that
Applicant’s plea was involuntary. Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex
parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). The State and the trial court both recommend
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granting relief. We agree. Applicant is entitled to relief.
Relief is granted. Brady v. United States, 397 U.S. 742 (1970). The judgment in cause
number 1523576 in the 178th District Court of Harris County is set aside, and Applicant is remanded
to the custody of the Sheriff of Harris 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.
Delivered: February 12, 2025
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