Post Conviction Results
Parents declared actually innocent of injury to a child after new medical evidence
Summary
A husband and wife had each pleaded guilty to injury to a child and been placed on deferred adjudication. After their child was diagnosed with a brain injury and possible cerebral palsy, we filed Article 11.072 writs arguing actual innocence based on the new medical evidence. The State agreed, the trial court declared both parents actually innocent, and the charges were dismissed and set for expunction.
Case at a glance
| Field | Detail |
|---|---|
| Original plea | Injury to a child: one parent, state jail felony; the other, first-degree felony |
| Sentence | 3 years’ and 5 years’ deferred adjudication |
| County / court | [confirm] |
| Legal issue | Actual innocence based on new medical evidence; pleas made without a full medical evaluation |
| Remedy | Two Article 11.072 writs of habeas corpus (for people on community supervision |
| Outcome | Both declared actually innocent; convictions vacated; charges dismissed; expunctions to follow |
| Decided | [confirm] (writs filed in 2024; result posted February 2025) |
| Court opinion | None; Article 11.072 writs are decided by the trial court |
The story
Both parents pleaded guilty to resolve the case and avoid a long trial. At the time, no one had fully examined what caused their child’s injury.
After the pleas, the child was diagnosed with a brain injury, and the pediatrician raised the possibility of cerebral palsy. No doctor could say whether the injury predated, contributed to, or caused what had been reported as abuse. The pleas had been entered without that medical picture.
The strategy and timeline
Because both parents were still on deferred adjudication, the right tool was an Article 11.072 writ, which challenges a case while someone is on community supervision. We filed one for each parent.
If you’re in a similar situation
A guilty plea does not always end the case. If medical or scientific evidence emerges later that undercuts the State’s theory, an actual innocence claim may still be possible.
An 11.072 writ applies to people currently on probation or deferred adjudication. An 11.07 writ applies to felony convictions after a final sentence. Relief depends on how strong and how new the evidence is.
Verification
No appellate opinion exists, because the trial court decided these writs.
Disclaimer
Prior results do not guarantee a similar outcome. Every case depends on its own facts and law. This page describes a past matter handled by Blizzard & Zimmerman Attorneys and is not legal advice.