Estrada v. The State of Texas
What's at Stake
Jurors in Estrada's 2007 sentencing trial were incorrectly told by a State's prison expert that if Estrada were given a sentence of life without parole instead of the death penalty, he could be eligible for a classification level that would allow him to leave the prison grounds after 10 years of imprisonment. Two juror notes strongly suggested that the expert's false testimony led to their decision to sentence Estrada to death. Prosecutors' use of false and misleading evidence is a leading cause of wrongful death sentences in Texas and nationwide.
Summary
Adrian Estrada's death sentence was thrown out last June after the Texas Court of Criminal Appeals found that A.P. Merillat, who investigates prison crimes for Texas, wrongly testified that, if allowed to live, Estrada could receive a prisoner classification that would allow him to leave the prison grounds. This testimony led the jury to find that Estrada posed a future threat to society. Merillat, who has testified in numerous other death penalty cases in Texas, told prosecutors after Estrada鈥檚 sentence was thrown out, "I don鈥檛 know if my presence in your courthouses would serve you or your cases well."
In a 66-page ruling issued in June, Judge Barbara Hervey of the Texas Court of Criminal Appeals wrote, 鈥淭his information, now properly before this court, demonstrates there is a fair probability that appellant鈥檚 death sentence was based upon incorrect testimony as evidenced by the jury鈥檚 notes. We believe that the Supreme Court would find this to be constitutionally intolerable.鈥
Estrada agreed to his new sentence before state District Court Judge Sid Harle in Bexar County, TX.
Legal Documents
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12/03/2008
Estrada v. The State of Texas - Brief for Appellant
Date Filed: 12/03/2008
Affiliate: Texas
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06/16/2010
Estrada v. The State of Texas - Opinion
Date Filed: 06/16/2010
Affiliate: Texas
Press Releases
Former Death Row Inmate Agrees to Life Without Parole (mysanantonio.com)
老澳门开奖结果 Client Agrees To Life In Prison After Death Sentence Thrown Out Because Of False Testimony