The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-68,876-01
EX PARTE ALFRED DEWAYNE BROWN
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
FROM CAUSE NO. 1035159A IN THE 351 ST DISTRICT COURT
HARRIS COUNTY
Per curiam.
OPINION
This is an application for a writ of habeas corpus filed pursuant to the provisions of
Texas Code of Criminal Procedure Article 11.071.
In October 2005, a jury found applicant guilty of the offense of capital murder
committed on April 3, 2003. The jury answered the special issues submitted pursuant to
Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set
applicant’s punishment at death. This Court affirmed applicant’s conviction and sentence
on direct appeal. Brown v. State, 270 S.W.3d 564 (Tex. Crim. App. 2008).
Brown - 2
Applicant presents numerous allegations in his application in which he challenges the
validity of his conviction and resulting sentence. In allegation V.D.3., applicant claims that
the State withheld exculpatory evidence in violation of Brady v. Maryland, 373 U.S. 83
(1963). The State conceded that material exculpatory evidence was withheld from applicant.
The habeas court adopted the parties’ agreed findings of fact and conclusions of law and
recommended that this Court grant relief.
This Court has reviewed the record with respect to the Brady allegation made by
applicant. Based on the habeas court’s findings and conclusions and our own review, we
hold that the State withheld evidence that was both favorable and material to applicant’s case
in violation of Brady. See also Kyles v. Whitley, 514 U.S. 419, 434 (1995). Therefore, relief
is granted. We dismiss as moot applicant’s remaining challenges to his conviction and
sentence.
We vacate applicant’s conviction and sentence, and remand the case to the trial court
for a new trial or other proceeding consistent with this opinion.
Delivered: November 5, 2014
DO NOT PUBLISH