Legal Opinion

Andrew Roberts, Jr. v. State

Texas Court of Appeals, 10th District (Waco)

Decided August 2, 2012No. 10-12-00075-CRPublished

1Opinion of the Court

IN THE TENTH COURT OF APPEALS No. 10-12-00075-CR ANDREW ROBERTS, JR., Appellant v. THE STATE OF TEXAS, Appellee From the 54th District Court McLennan County, Texas Trial Court No. 2002-979-C MEMORANDUM OPINION Appellant, Andrew Roberts Jr., complains about the trial court’s denial of his “Out of Time Motion for New Trial,” which was filed on February 9, 2012. In this motion, appellant challenged his July 23, 2003 conviction for aggravated robbery, asserting a claim of actual innocence based on newly discovered evidence—namely, an allegation that one of the witnesses at trial, Rodrigo Barnes,…

2Cases cited13 opinions

  1. Schlup v. DeloSupreme Court of the United States · 1995
  2. Olivo v. StateCourt of Criminal Appeals of Texas · 1996
  3. Herrera v. CollinsSupreme Court of the United States · 1993
  4. Ater v. Eighth Court of AppealsCourt of Criminal Appeals of Texas · 1991
  5. Board of Pardons & Paroles Ex Rel. Keene v. Court of Appeals for the Eighth DistrictCourt of Criminal Appeals of Texas · 1995

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