JESSICA LATRESE CHATMAN v. THE STATE OF TEXAS--Appeal from County Court at Law No. 5 of Montgomery County

State: Texas

Court: Texas Northern District Court

Docket No: 13-10-00191-CR

Case Date: 04/14/2011

Plaintiff: JESSICA LATRESE CHATMAN

Defendant: THE STATE OF TEXAS--Appeal from County Court at Law No. 5 of Montgomery County

Preview:EX PARTE LAWRENCE JAMES NAPPER (Other)
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. AP-76,284 & AP-76,285
EX PARTE LAWRENCE JAMES NAPPER, Applicant
ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS
CAUSE NOS. 886345-A and 886346-A IN THE 182nd DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
O R D E R
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court
transmitted to this Court these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex.
Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and aggravated kidnapping of a
child and sentenced to life imprisonment in each cause.
Applicant contends, inter alia, that the State carried out bad faith destruction of DNA evidence in these cases, that
perjury was committed by a State s witness, and that trial counsel rendered ineffective assistance. We order that these
applications be filed and set for submission to determine whether the DNA samples in question were potentially useful
evidence, as defined by the United States Supreme Court in Illinois v. Fisher, 540 U.S. 544, 124 S.Ct. 1200 (2004), and
Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333 (1988). We also order these applications be filed and set for
submission to determine whether Joseph Chu s testimony constitutes perjury, or false testimony, and, if so, whether
the admission of that testimony contributed to his convictions or punishments, and whether counsel rendered
ineffective assistance at trial. The parties shall brief these issues.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether
Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an
attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60
days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by
counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this
Court on or before April 7, 2010.
Filed: February 3, 2010
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