State of Texas v. Thomas, Jeremy

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-0121-13 THE STATE OF TEXAS v. JEREMY THOMAS, Appellee ON APPELLEE’S PETITION FOR DISCRETIONARY REVIEW FROM THE FIRST COURT OF APPEALS HARRIS COUNTY K ELLER, P.J., delivered the opinion of the unanimous Court. The question in this case is whether a new trial may be granted in the interest of justice upon a claim that defense counsel failed to call an exculpatory witness who was known to him and available at trial, if the claim is not based on ineffective assistance of counsel. We hold that it may not. We therefore affirm the judgment of the…