Hannah Overton, who is currently serving a life sentence without the possibility of parole, is back in the 214th District Court in Nueces County, Texas for a hearing on her application for a writ of habeas corpus with her writ lawyers lead by Cynthia Orr and assisted by Gerry Goldstein, John Raley and Dayna Jones. In 2007 Hannah was tried in the 214th District Court, Nueces County, Texas. She was found guilty of capital murder by omission in the poisoning death of 4 year old Andrew Burd.
In a rather uncommonly strict remand order, the Court of Criminal Appeals ordered on February 8, 2012 that the trial court must hold a hearing with live testimony within 90 days of the order and that all supplemental findings and conclusions of law must be returned to the Court of Criminal Appeals within 120 days of the order. Justice Cochran, joined by Justices Price and Johnson, issued a statement concerning the remand order. In that statement, Justice Cochran gave direction to the parties and the trial court on what needs to be decided in this matter. “The judiciary must be ever vigilant to ensure that verdicts in criminal cases are based solely upon reliable, relevant scientific evidence–scientific evidence that will hold under later scrutiny.” Justice Cochran went on to say: “The problem in this case…is not that the science itself has evolved, but that it is alleged that the scientific testimony at the original trial was not fully informed and did not take into account all of the scientific evidence now available.” Justice Cochran concluded by stating: “These are not easy issues, but fairness both to the applicant who is serving a sentence of life without parole and to the State and the memory of the child victim, demands that our verdicts will withstand the test of time such that the guilty are punished and the innocent are not. Further, public support of the American criminal justice system depends upon its confidence that the courts reach accurate verdicts based upon reliable scientific evidence.”
In addition to wading through the scientific evidence, Judge Longoria will also hear testimony concerning whether the state withheld Brady evidence, whether trial counsel were ineffective and whether Hannah is innocent based on newly discovered evidence.