The Conviction Integrity Division investigates claims of actual innocence and wrongful convictions by persons who have been convicted by the Harris County District Attorney’s Office and do not have a pending post-conviction writ.
The purpose of the CID’s investigation of claims of actual innocence is to determine if newly discovered or newly available evidence exists to establish that the convicted person is actually innocent by a clear and convincing standard of proof. “Newly discovered” or “newly available” evidence is evidence that was either not known to the claimant or could not be known to the claimant with the exercise of due diligence at the time of trial, plea, or post-trial motions. Consequently, factual questions that have already been decided by a judge or jury and evidence that has already been presented at trial or a post-conviction proceeding are not newly discovered or newly available evidence.
Our focus is to determine whether new evidence establishes that an innocent person has been wrongfully convicted and, if so, work to obtain appropriate relief. We do not make findings or determinations of actual innocence or wrongful conviction. It is incumbent upon the convicted person to file a writ of habeas corpus seeking a court finding or determination that the convicted person is actually innocent or was wrongfully convicted.