Prosecutorial Misconduct as a Ground for 11.07 Habeas Relief in Texas
The prosecutor’s job is to seek justice - not simply win. When a Texas prosecutor crosses the line - by hiding evidence, allowing false testimony, or breaking discovery rules - the result can be a wrongful conviction or unfair sentence. Article 11.07 of the Texas Code of Criminal Procedure gives people convicted of felonies (non-death penalty) a way to challenge those violations through a post-conviction writ of habeas corpus.
An 11.07 writ is not a second appeal.
It’s a specialized vehicle to raise constitutional and fundamental errors that were not, and often could not, be fully addressed on direct appeal - especially when new evidence of misconduct surfaces later.
What Is Prosecutorial Misconduct?
In the 11.07 context, “prosecutorial misconduct” usually falls into two main categories in Texas:
1. Brady Violations - Suppression of Favorable Evidence
Under Brady v. Maryland, the prosecution must disclose evidence favorable to the accused that is material either to guilt or punishment. Withholding such “Brady material” can violate due process and justify post-conviction relief.
2. False or Misleading Evidence - Napue/Giglio Claims
Even if the State doesn’t directly present perjury, due process is violated when prosecutors knowingly allow false or misleading testimony to stand uncorrected, or hide deals and impeachment evidence about witnesses. In Napue v. Illinois, the U.S. Supreme Court held that failing to correct false testimony about a deal with a key witness violates due process.
How Texas Courts Treat Prosecutorial Misconduct in 11.07 Writs
Texas cases have applied these federal due-process principles in the 11.07 setting. For example:
Ex parte Ghahremani - The Texas Court of Criminal Appeals granted habeas relief based on false or misleading evidence, recognizing that even testimony that creates a false impression can violate due process.
Ex parte Chabot and related cases - refine standards for when perjured or misleading testimony requires relief.
What Must Be Shown in an 11.07 Writ for Prosecutorial Misconduct?
Although every case is fact-specific, an 11.07 applicant generally needs to show:
A constitutional violation - such as suppression of material exculpatory or impeachment evidence, or the knowing (or effectively knowing) use of false or misleading testimony.
Materiality / harm - there is at least a reasonable probability that, had the evidence been disclosed or the false testimony corrected, the result of the trial or punishment phase would have been different.
Proper 11.07 posture - the claim was not fully and fairly litigated on direct appeal, and the writ record adds facts that weren’t available before (for example, documents that were newly discovered, affidavits, or lab materials exposing misconduct).
Taking the Next Step
Prosecutorial misconduct claims in an 11.07 writ are complex and highly fact-driven. They require careful review of the trial record, discovery, prosecution files (when available), and any new evidence that has surfaced since conviction. So a tailored analysis of your case facts is essential.
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