Texas Court Grants Man Permission to Appeal Conviction
Texas’ highest criminal court on Wednesday granted a man serving a life sentence for capital murder permission to appeal his conviction outside the standard 30-day deadline, with both the convicting trial court and Dallas County prosecutors supporting the move.
The Case of Kvaughandre Lapaul Presley
The Texas Court of Criminal Appeals ruled Kvaughandre Lapaul Presley, who was convicted in September 2022 of fatally shooting a woman at her daughter’s home in Garland, is entitled to an “out-of-time appeal” after agreeing he was initially denied that opportunity “through no fault of his own.”
“Based on the record, the State and the trial court agree and recommend granting [Presley] an out-of-time appeal,” the Wednesday order reads. “We agree.”
Background of the Case
A Dallas County jury convicted Presley, now 24, of capital murder in the death of Patricia Eifert, a 60-year-old woman who was found dead in her daughter’s home in late July 2021. He was sentenced to life in prison without parole. Prosecutors did not seek the death penalty.
Presley’s legal counsel had argued he was denied his right to an appeal after the trial due to a “breakdown in the system,” the order says.
What Went Wrong
“It wasn’t the attorneys’ fault. It wasn’t the state’s fault,” Niles Illich, a Dallas-area appellate attorney representing Presley, said in an interview. ”Everyone kind of did everything right, but as happens, sometimes you end up with a case where everything was done correctly and it just didn’t make its way through.”
Current Status
A Dallas County district attorney’s office spokesperson declined to comment on the order.
Presley has been held in the William P. Clements Unit outside of Amarillo, according Texas Department of Criminal Justice records.
Breaking News
Conclusion
The Texas Court of Criminal Appeals’ decision to grant Presley an out-of-time appeal is a significant development in the case. It highlights the importance of ensuring that all individuals have access to a fair and just appeals process, even if it takes longer than the standard 30-day deadline.
Frequently Asked Questions
Q: What is an out-of-time appeal?
A: An out-of-time appeal is an appeal that is filed outside of the standard 30-day deadline. In this case, Presley was granted permission to file an out-of-time appeal due to circumstances beyond his control.
Q: Why was Presley granted an out-of-time appeal?
A: Presley was granted an out-of-time appeal because he was denied his right to an appeal after the trial due to a “breakdown in the system.” The Texas Court of Criminal Appeals agreed that he was entitled to an out-of-time appeal.
Q: What happens next in the case?
A: Now that Presley has been granted an out-of-time appeal, his case will be reviewed by the appeals court. The court will consider his arguments and make a decision on whether to uphold or overturn his conviction.
