I recently prevailed on an 11.07 writ of habeas corpus for a client who had been convicted of one of the most serious allegations in the Texas Penal Code — Continuous Sexual Abuse of a Child.
Of course I was elated on the night that the Court of Criminal Appeals issued the opinion agreeing with the trial court’s findings. My client would get a new trial. He would get to bond out like any other defendant and return to his family. We had done what had seemed nearly impossible — convince the Court of Criminal Appeals to give my client another opportunity to fight for his freedom even after a Texas jury had convicted him of a terrible crime (in the face of my client’s continued and unwavering claims of innocence).
But, speaking generally now, it is hard not to feel a ceaseless sense of struggle, even when we win the post-conviction legal battles.