The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,211-01
EX PARTE GARLAND LEON MARTIN AKA BUTCH MARTIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR24,279-A IN THE 142ND DISTRICT COURT
FROM MIDLAND COUNTY
Per curiam. KEEL, J. concurred. YEARY, J. filed a dissenting opinion in which
KELLER, P.J. joined. SLAUGHTER, J. dissented.
OPINION
Applicant was convicted of three counts of capital murder and sentenced to life
imprisonment. The Eighth Court of Appeals affirmed his conviction. Martin v. State, No. 08-99-
00268-CR (Tex. App. —El Paso, Dec. 7, 2000)(not designated for publication). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX. CODE CRIM. PROC. art. 11.07.
Applicant contends, among other things, that he is actually innocent.
We agree. 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 judgment in cause number CR24,279
2
in the 142nd District Court of Midland County is set aside, and Applicant is remanded to the custody
of the Sheriff of Midland 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.
Delivered: May 22, 2024
Do not publish