State of Texas v. Thomas, Jeremy

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 court of appeals. 1

I. BACKGROUND

A. Trial

Vernon Keith Moses was shot and killed in an apartment complex in Houston. Multiple witnesses gave statements to police; some of the witnesses testified at trial. Among those who testified was ap-pellee’s girlfriend,…