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Ex parte Franklin

Appellant asserts that based on the evidence submitted with his applications, he was entitled to evidentiary hearings. Thus, the question is whether appellant's newly discovered evidence, which in this case consists of the victim's 2006 affidavit, establishes affirmative evidence of appellant's innocence. Because appellant asserted a claim that he was actually innocent, the trial court erred in refusing to conduct evidentiary hearings. Beaumont Court of Appeals, No. Nos. 09-09-00320-CR & 09-09-00321-CR, 05-10-2010

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Submitted on April 8, 2010

OPINION

In two separate cases,*fn1 Tracy Franklin appeals and argues that the trial court abused its discretion in failing to conduct evidentiary hearings on his writs of habeas corpus. Franklin asserts that the trial court improperly stated and misapplied the standard for evaluating the evidence that Franklin used to support his applications for writs of habeas corpus. Franklin asserts in his applications that he is innocent of the two crimes for which he had been convicted. We reverse, remand the two cases to the trial court, and instruct the trial court to conduct evidentiary hearings on Franklin‟s claims of innocence.

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