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Texas passes bill to fight wrongful convictions

A Bill to Bolster the Fight on Wrongful Convictions

Clinton Bamberger lost the most important case of his career, but most legal experts consider that 1963 United States Supreme Court decision a crucial victory for criminal justice.

Callie Ricmond for The Texas Tribune

Michael Morton was jailed for years before his exoneration.

The Texas Tribune


“Everybody thinks I won it,” said Mr. Bamberger, 87, now a professor emeritus of law at the University of Maryland. He represented John L. Brady, a death row inmate, inBrady v. Maryland, in which the justices ruled that prosecutors are obligated to provide defendants exculpatory evidence “material either to guilt or to punishment.”

On Monday, the 50th anniversary of the decision, the Texas House is scheduled to vote on a law some legal experts say would help ensure that the ruling’s tenets are carried out to help prevent wrongful convictions.

“Texas was way behind,” said Barry Scheck, a co-founder of the Innocence Project, a group dedicated to exonerating wrongfully convicted prisoners. “This bill is a pretty big step forward.”

The bill, known as the Michael Morton Act, is named for Mr. Scheck’s highest-profile Texas client. Mr. Morton was convicted in 1987 of his wife’s murder, and spent more than two decades in prison before being exonerated on the basis of DNA testing.

The bill would require prosecutors to disclose evidence in their files to defendants accused in criminal cases. Lawmakers and experts said they hoped the legislation would clear up gray areas that remain in the Brady ruling five decades after it was issued.

In defending Mr. Brady, Mr. Bamberger said, he had just hoped to save the prisoner’s life.

Mr. Brady and a friend, Donald Boblit, were sentenced to death for the 1958 murder of William Brooks. In questioning by the police, Mr. Brady consistently said that Mr. Boblit was the killer. Mr. Boblit gave five different statements, and Mr. Bamberger discovered that only four were given to Mr. Brady’s lawyers during the trial. In the fifth statement, Mr. Boblit admitted guilt.

When Mr. Brady appealed his conviction, a Maryland court said he should have received that fifth statement and granted him a new trial, but only to decide his punishment. Mr. Bamberger asked the Supreme Court to give Mr. Brady a new trial to decide both guilt and punishment. The court denied the request for a trial but allowed a decision on his punishment. Eventually, the sentence was commuted to life, and Mr. Brady was released on parole.

“They did not reverse the court, but in the course of writing the opinion, they wrote the Brady rule,” Mr. Bamberger said.

The Brady rule had been in place for more than two decades when, lawyers for Mr. Morton have said, the prosecutor in his case withheld critical information that could have prevented his wrongful conviction. DNA testing in 2011 led to Mr. Morton’s exoneration. Since then, Mr. Morton has lobbied for new laws that could prevent such wrongful convictions.

A rare court of inquiry determined that Ken Anderson, the former prosecutor who oversaw Mr. Morton’s conviction, should face criminal charges for withholding the evidence. Mr. Anderson, now a Williamson County state district judge, has appealed.

At the court of inquiry, Mr. Anderson said he was sure he would have told Mr. Morton’s lawyers about the evidence in 1987 even though he believed he was not required to give it to them under Brady rules.

That view of Brady has dominated prosecutorial practice, saidJennifer E. Laurin, a professor at the University of Texas at Austin School of Law. (The University of Texas at Austin is a corporate sponsor of The Texas Tribune.) Courts have decided that verdicts would be overturned because of Brady rule violations only if the evidence withheld would have altered the verdict or sentence.

So, many prosecutors came to view Brady as requiring only the disclosure of information that could change the outcome in a case. Ms. Laurin said that such an interpretation requires prosecutors, who are typically convinced of a defendant’s guilt, to imagine how the evidence could show the opposite.

“Factors that suggest there’s a problem with the state’s case are very naturally not going to seem very powerful,” she said.

With the proposed legislation, lawmakers hope to reduce chances for prosecutors to overlook evidence of innocence. The law would require prosecutors to give defense lawyers access to evidence in the state’s file without regard to the information’s potential impact on the verdict.

“It telegraphs legislators’ intent that they want prosecutors to err on the side of disclosure,” Mr. Scheck said. “That’s how you take care of this problem.”


If you are charged with DWI in Texas, feel free to contact Doug Murphy with Trichter & Murphy, www.texasdwilaw.com, to make sure that evidence of your innocence is properly disclosed and you obtain the best possible outcome.

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Doug Murphy

Doug Murphy

Doug Murphy is a nationally recognized legal seminar lecturer, and author of numerous published legal articles. Doug currently serves on the Board of Regent for the National College for DUI Defense, and also as President-Elect for the Harris County Criminal Lawyers Association. Doug previously served as co-chair of the DWI Committee with the Texas Criminal Defense Lawyers Association, in addition to serving two consecutive terms on the Board of Directors for TCDLA . Doug is board certified in Criminal Law by the Texas Board of Legal Specialization, and also in DUI/DWI Defense by the National College for DUI Defense, which is approved by the American Bar Association and the Texas Board of Legal Specialization. Doug was selected by his peers to be recognized as one of The Best Lawyers in America, U.S News & World Report; is AV Preeminent-Rated® by Martindale-Hubbell; recognized as a Texas Super Lawyer Rising Star by Texas Monthly magazine every year since the recognition began in 2004, and also as a Texas Super Lawyer. In 2012, Doug was awarded the Sharon Levine Unsung Hero Lawyer of the Year Award by the Harris County Criminal Lawyers Association for his efforts in exposing the flaws—and eliminating—the Houston Police Departments BAT (breath alcohol testing) vans. Doug was also recognized as a Top Lawyer for the People by H-Texas magazine, and was referred to as the “Drinking Driver’s Best Friend” by the Houston Press.

One Response

  1. I was accused of DWI in 1987.I was taking my sister in law home and my tail lights was’nt working. I was instructed to exit my vehicle.I was handle kinda rough so I was irritated.One of the afficers said just give him a DWI.Just like that.Taken to jail where I took the breath test the test guy said I had 1 too many.There is no way I was Drunk.Help

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