Miles, Ex Parte Richard Ray Jr.
2012 Tex. Crim. App. LEXIS 355
Tex. Crim. App.2012Background
- Applicant Richard Miles, Jr. was convicted of murder and attempted murder and sentenced to 40 and 20 years; convictions affirmed on appeal.
- He filed multiple habeas writs alleging Brady violations, new gunshot-residue science, and actual innocence.
- Habeas court granted relief on all grounds after considering newly discovered evidence and Thurman’s recantation.
- Two undisclosed police reports (anonymous tip and Garland confrontation) were found to be Brady material.
- Thurman recanted his in-court identification, and Hall’s gunshot-residue testimony would be deemed unreliable under updated standards.
- Court granted habeas relief, set aside the judgments, and remanded Miles to custody for new trial.”
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Brady violation and disclosure of exculpatory reports | Miles | State | Brady violation established; new trial warranted |
| Reliability of gunshot-residue evidence | Miles | State | Residue evidence undermined; reliability questioned; relief granted on that basis |
| Actual innocence claim and new evidence | Miles | State | Court approves actual innocence relief based on new Brady and other evidence |
| Procedural bar under Article 11.07, § 4 | Miles | State | Not procedurally barred given newly available factual bases |
Key Cases Cited
- Brady v. Maryland, 373 U.S. 82 (U.S. 1963) (duty to disclose favorable evidence)
- Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (materiality and suppression analysis in Brady claims)
- Bagley v. United States, 473 U.S. 667 (U.S. 1985) (favorable evidence includes impeachment evidence)
- Agurs v. United States, 427 U.S. 97 (U.S. 1976) ( Bradi materiality and disclosure standard)
- Hampton v. State, 86 S.W.3d 603 (Tex. Crim. App. 2002) ( Brady materiality standard applied in Texas)
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App. 2008) ( broader Brady-like duties by prosecution)
- Ex parte Lemke, 13 S.W.3d 791 (Tex. Crim. App. 2000) ( reasonable-diligence concept for §4 availability)
- Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996) (actual innocence framework in post-conviction)