CourtListener 9388795•Faircloth, Billy
Full text
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,450-02
EX PARTE BILLY FAIRCLOTH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-11-200824-A IN THE 167TH DISTRICT COURT
FROM TRAVIS COUNTY
Per curiam. YEARY , J., concurred. NEWELL, J., did not participate.
OPINION
Applicant was convicted of aggravated assault with a deadly weapon and sentenced to sixty
years’ imprisonment. The Third Court of Appeals affirmed his conviction. Faircloth v. State, No.
03-12-00133-CR (Tex. App.—Austin May 20, 2013) (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, among other things, that unreliable DNA evidence was relied upon to
secure his conviction. The State and the habeas court both agree that he is entitled to relief on the
basis of Texas Code of Criminal Procedure Article 11.073.
Relief is granted. The judgment in cause number D-1-DC-11-200824-A in the 167th District
2
Court of Travis County is set aside, and Applicant is remanded to the custody of the Sheriff of Travis
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: March 29, 2023
Do not publish
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