Powell, George Robert Iii

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-80,713-02
EX PARTE GEORGE ROBERT POWELL, III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. FR 63436-B IN THE 27TH DISTRICT COURT
FROM BELL COUNTY
Per curiam. NEWELL, J., not participating.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
robbery and sentenced to twenty-eight years’ imprisonment. The Third Court of Appeals affirmed
his conviction. Powell v. State, 03-09-00730-CR (Tex. App. — Austin, April 15, 2011) (not
designated for publication).
Applicant contends, among other things, that he was denied due process when the State failed
to disclose impeachment information about a jailhouse informant to the defense, presented false
testimony from the same witness, and failed to correct that false testimony. The trial court conducted
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a live habeas hearing, and has determined that the State failed to timely disclose impeachment
information regarding the jailhouse informant, Demetric Smith. In addition, the trial court finds that
the State told Smith that his testimony in this case would be taken into consideration in the
disposition of his own pending charges, a fact that was not disclosed to the defense. Giglio v. United
States, 405 U.S. 150, 155 (1972). The trial court finds that Smith’s testimony at trial that he had not
made any kind of deal in exchange for his testimony, had not asked for anything, did not hope for
any kind of credit, and was testifying only because he wanted to do “the right thing” was false, and
that the State failed to correct such testimony. Napue v. Illinois, 360 U.S. 264, 270, (1959); Duggan
v. State, 778 S.W.2d 465, 468 (Tex. Crim. App. 1989). Relief is granted. The judgment in Cause
No. FR 63436-B in the 27th District Court of Bell County is set aside, and Applicant is remanded
to the custody of the Sheriff of Bell County to answer the charges as set out in the indictment. 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: June 26, 2019
Do not publish