Actual Innocence Claims Under Article 11.07
When someone has been convicted of a crime in Texas and normal appeals have failed, the Texas 11.07 writ of habeas corpus provides a final path to justice. One of the most powerful types of 11.07 claims is based on actual innocence - a legal standard that asks the court to overturn the conviction because the person did not commit the offense.
“Actual innocence” is not about technical mistakes or errors at trial. It is a claim that the conviction itself is wrong, and that new evidence clearly proves the accused was not guilty.
What Must Be Proven for Actual Innocence?
The bar is set high.
To win an actual innocence claim through a Texas 11.07 writ, the applicant must present new, reliable evidence that was unavailable at trial and would have changed the outcome.
The Texas Court of Criminal Appeals requires two key showings:
1. Newly Discovered Evidence
The evidence must not be something that was known or reasonably discoverable at the time of trial. Examples include:
- DNA results
- Recanted witness testimony
- New eyewitnesses
- Forensic proof excluding the applicant
- Evidence of third-party guilt
2. Evidence Clearly and Convincingly Shows Innocence
The burden of proof is high. The evidence must show that:
No reasonable juror would have convicted the applicant if the evidence had been presented.
This is a higher standard than “more likely than not.” The court must be convinced that the applicant did not commit the offense.
Why Actual Innocence Claims Matter
A criminal conviction carries lifelong consequences - loss of freedom, stigma, barriers to employment, and loss of opportunities. When someone is innocent, the justice system has a moral and constitutional obligation to correct the error.
Actual innocence writs allow courts to review new information long after trial and return freedom to those unjustly punished.
Why Legal Guidance Is Critical
Actual innocence claims are complex. They require strategic presentation of evidence, deep knowledge of post conviction procedure, and skilled legal drafting. Though evidence may be powerful, it must be presented in the correct format to meet the Court of Criminal Appeals’ strict standards.
If you believe new evidence proves innocence, filing a Texas 11.07 writ may be the key to restoring justice and freedom.
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