The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,126-02
EX PARTE CARMEN MEJIA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. D-1-DC-04-904057-B IN THE 167TH DISTRICT COURT
TRAVIS COUNTY
Per curiam. FINLEY, J., filed a concurring and dissenting opinion in
which Parker, J., joined.
OPINION
Applicant was convicted of felony murder (count 1), injury to a child (count
2), and injury to a child by omission (count 3). She was sentenced to life
imprisonment on each count, to run concurrently. The Third Court of Appeals
affirmed her convictions. Mejia v. State, No. 03-05-00838-CR (Tex. App.—Austin
May 29, 2008) (not designated for publication). Applicant filed this application for
a writ of habeas corpus in the county of conviction, and the district clerk forwarded
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it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends that her due process rights were violated by the State’s
introduction of false or misleading testimony at her trial; that newly available
scientific evidence entitles her to relief under Texas Code of Criminal Procedure
Article 11.073; that newly discovered evidence establishes that she is actually
innocent of all three counts; and that trial counsel were ineffective. The parties all
agree that Applicant is entitled to relief based on these four grounds. The trial
court has, among other things, determined that Applicant has established by clear
and convincing evidence that she is actually innocent of all three counts.
We agree that Applicant has established that she is actually innocent. Relief
is granted. Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996); Ex parte
Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002). The judgments in cause number
9044057 in the 167th District Court of Travis County are set aside, and Applicant
is remanded to the custody of the Sheriff of Travis County to answer the charges as
set out in the indictment. The trial court shall issue any necessary bench warrant
within ten days from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
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Delivered: January 22, 2026
Do not publish