11.07 Habeas Relief for “Junk Science” in Texas
When a Texas conviction is built on forensic or medical “science” that later turns out to be wrong, Article 11.07 of the Texas Code of Criminal Procedure can provide a lifeline. In 2013, the Legislature added Article 11.073 - often called the “junk science law” or “junk science writ” - to give people a way to challenge convictions based on outdated or discredited expert testimony.
Our post-conviction team uses 11.07 together with 11.073 to ask the Texas Court of Criminal Appeals (CCA) to reopen cases where the science has changed and the jury was misled.
What Is the Texas “Junk Science” Writ?
Article 11.073 applies when: ([Texas DCAA][1])
- The conviction relied on “scientific evidence,”
- That evidence was wrong, unreliable, or has been seriously revised by later science, or new scientific evidence has emerged, and
- There’s a reasonable likelihood that, if the jury had heard the new or corrected science, the person would not have been convicted.
Unlike traditional constitutional claims, Article 11.073 is a statutory path to relief. It can be used in a subsequent 11.07 writ even if earlier writs were denied, specifically because the science itself has changed.
So, What Counts as “Junk” or Changed Science?
Examples of forensic and medical evidence that often come up in 11.073/11.07 writs include: ([Texas DCAA][1])
- Shaken Baby Syndrome / abusive head trauma
- Arson “indicators” later shown to be unreliable
- Bite-mark analysis
- Certain bloodstain pattern, hair comparison, or tool-mark testimony
- Flawed medical opinions about time or cause of death
The key is not that experts disagreed at trial, but that the underlying science itself has shifted or been repudiated.
How 11.07 and 11.073 Work Together
A junk-science claim is normally brought through an 11.07 application for writ of habeas corpus (for non-death cases) that specifically invokes Article 11.073. The writ must be supported by:
- Affidavits or reports from qualified experts explaining why the old science is wrong,
- Medical records, lab reports, or new testing, and
- A clear argument tying that new or corrected science to what the jury was told at trial. ([Texas DCAA][1])
If the CCA finds the standards are met, it can order a new trial—and in some cases, applicants have been fully exonerated.
Important Texas Junk-Science Cases & Commentary (Linked Resources)
If you want to dig deeper into how Texas courts handle these claims, these articles and case discussions are a great starting point:
👉 Overview of the Texas junk-science writ - State Bar of Texas article explaining how Article 11.073 works in practice and highlighting early results.
👉 Ex parte Robbins – medical examiner changes her opinion - The CCA’s use of Article 11.073 where the State’s key expert recanted and law review commentary on what Robbins means for junk-science claims.
👉 Ex parte Henderson – shaken baby science under fire - Law-review analysis of how shifting views on Shaken Baby Syndrome supported a new-trial grant.
👉 Roberson and modern SBS litigation - Article on Texas death-row inmate Robert Roberson’s 11.073 litigation and repeated execution stays based on disputed SBS evidence.
Why Experienced Post-Conviction Counsel Matters
Junk-science writs are fact-intensive and expert-driven. They require:
- Deep familiarity with Article 11.07 and 11.073 procedure,
- The right medical and forensic experts, and
- A clear, persuasive narrative tying changed science to a wrongful conviction.
If you believe you or a loved one were convicted in Texas based on bad science, our post-conviction team can review trial transcripts, expert testimony, and new research to determine whether a junk-science 11.07 writ may be available.
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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