Mable, Dorothy Mae ( 2024 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-95,834-01
EX PARTE DOROTHY MAE MABLE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1403772-A
IN THE 351ST DISTRICT COURT FROM HARRIS COUNTY
Per curiam.
OPINION
Applicant pleaded guilty to delivery of cocaine, less than one gram, and was sentenced to six
months of incarceration in the state jail. Through habeas counsel, 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’s sentence has discharged, but she pleads
collateral consequences, so this Court may consider the habeas application. See Ex parte
Harrington, 310 S.W.3d 452, 457 (Tex. Crim. App. 2010).
Applicant asserts that Gerald Goines, the former Houston police officer who arrested her,
provided false evidence, and she alleges that her guilty plea was involuntary. The trial court finds,
with the State’s agreement, that Applicant has established a presumption of falsity that is unrebutted.
See Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597(Tex. Crim. App. 2014). Also with the State’s agreement, the trial court finds that Applicant’s guilty
plea was involuntary due to the prosecution’s non-disclosure of Goines’s pattern of falsifying
evidence in other cases during the same period. See Ex parte Barnaby, 475 S.W.3d 316 (Tex. Crim.
App. 2015).
The trial court adopted the parties’ proposed agreed findings. The trial court recommends
granting habeas relief. The record supports the findings and recommendation. Relief is granted.
Brady v. United States, 397 U.S. 742 (1970). The judgment in Cause No. 140377201010 in the
351st District Court of Harris County is set aside. Applicant shall answer the charges as set out in
the complaint. The trial court shall issue any necessary bench warrant within 10 days after the
mandate of this Court issues.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: November 13, 2024
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