Houston Post-Conviction Attorney

We Found New Evidence. Does It Matter?

Finding something new can change the questions.

It does not answer them yet.

A witness comes forward. A family locates a police report, message, video, or record that was never presented. Someone changes a story after trial. When a loved one was convicted in Harris County or the Houston area, it is natural to ask: Can this evidence reopen the case?

The answer depends on what the material actually shows and its history. Was it available before trial? Who possessed it? Is it reliable? Was it disclosed to defense counsel? Does it bear on a central issue? Has a court already considered it? These questions can point to different legal theories and procedures.

Blizzard & Zimmerman Attorneys represents Texas post-conviction clients statewide from its Abilene office. The team, led by Sarah Durham, reviews what the family found in the context of the conviction and earlier proceedings.

Quick Case Review

What procedure could be available in Texas?

An Article 11.07 writ of habeas corpus application is one possible path for a final felony judgment imposing a penalty other than death. Other types of judgments require different procedures. Prior writs and their dispositions are especially important because later applications face restrictions. The legal route cannot be chosen responsibly without the judgment, dates, and filing history.

Five facts to write down before your review

Every case has its own history, challenges, and legal considerations. We take the time to understand the details and pursue the legal options that may be available. We represent individuals across Texas in a range of post-conviction matters, including:

What is the item?

Identify the original recording, document, message, test result, or witness—not only a summary of it.

When did it come into existence?

Evidence created after trial differs from material that existed but was unknown.

Who had it?

State investigators, prosecutors, defense counsel, a third party, or a family member may have had different access.

When and how was it discovered?

Keep the chain of communication and any source information.

What does it change?

Tie it to a disputed fact, witness, plea decision, sentence, or defense theory.

Do not edit an original file or rely solely on screenshots when the underlying item can be preserved. If a witness has changed an account, record the witness’s exact words, the date, and whether a signed or recorded statement exists; avoid coaching the witness.

A team focused on what happens after conviction

Sarah Durham leads the post-conviction practice and is Board Certified in Criminal Appellate Law by the Texas Board of Legal Specialization. Jacob Blizzard is Board Certified in Criminal Law and Criminal Appellate Law; Morgan Walker works on the firm’s post-conviction matters.

What if the witness recanted?

A recantation can be significant, but courts will scrutinize its reliability and its relationship to the original evidence. What did the witness say before, during, and after trial? What corroborates the new version? Was the witness central to the verdict? These details matter more than the word “recantation.”

What to provide for a Houston-area case

Start with the Harris County or other convicting county and cause number, judgment, trial or plea information, appellate opinion if any, prior writ papers, and the original new material or a description of where it can be obtained. Tell us what was presented at trial and how the new information differs. If the conviction arose outside Harris County but the family lives in Houston, identify the county of conviction; that is a key procedural fact.

New evidence, withheld evidence, and overlooked evidence are different concerns

A newly located item does not necessarily mean the prosecution withheld it. The material may have been disclosed but not investigated, possessed by another person, or created later. A possible disclosure violation, attorney-performance issue, scientific-evidence claim, or innocence claim each calls for a different factual showing. The team will not promise a result from the label alone.

Frequently Asked Questions about Houston post-conviction

No. The evidence’s authenticity, timing, availability, relevance, and the legal procedure all matter. A review can determine what investigation is needed.

That may raise a disclosure question, but first establish what the police had, what was provided to the defense, when it was discovered, and how it relates to the case.

A later application can face strict limits. Provide the complete earlier application, exhibits, and disposition so counsel can assess whether any exception may apply.

Still asking

Tell us what was missed and when your family learned about it.