Saturday, June 27, 2015

Bulletin: The Texas junk science writ; Grits for Breakfast salutes a new Texas bill (HB 3724) which allows courts to provide habeas corpus relief to defendants whose convictions hinged on junk science, whether because the forensic field at the time got it wrong or because an individual scientist did. Neat point made by a judge in the post; "(A)s a practical matter judges don't evaluate science but evidence, and in the case of forensics in particular, testimony." Prediction: Judges will be able to directly confront the most common source of false convictions based on forensics that the Texas Court of Criminal Appeals sees on a fairly regular basis. (Editors query: How long will it take other states who have denied habeas corpus in these circumstances to follow Texas's lead? HL);

"Solidifying grounds for relief under Texas junk-science writ: Grits has described the importance HB 3724 by Herrero/Whitmire in defending the jurisdiction of the courts to provide habeas corpus relief to defendants whose convictions hinged on junk science, whether because the forensic field at the time got it wrong or because an individual scientist did. Its passage comes with a decision pending from the Court of Criminal Appeals in Ex Parte Robbins III, which is now (un)complicated by the passage of a statute codifying their ruling in Robbins II. The upshot of HB 3724 is that Texas' junk-science writ will become a highly functional tool in the judicial arsenal to correct error in junk science cases, as opposed to a seldom-used one that ignores most erroneous expert testimony. As Judge Cheryl Johnson  pointed out in her concurrence in Robbins II, as a practical matter judges don't evaluate science but evidence, and in the case of forensics in particular, testimony. So HB 3724 ensured that judges could directly confront the most common source of false convictions based on forensics that the Texas Court of Criminal Appeals sees on a fairly regular basis."
http://gritsforbreakfast.blogspot.ca/2015/06/bills-focused-on-forensics-habeas-alter.html