University of Houston Law Center

Texas Innocence Network

Answers to Frequently Asked Questions

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  1. What are the requirements for having a case considered by the Texas Innocence Network?

TIN considers all requests from inmates who have persuasive claims of actual innocence. TIN does not take cases involving any other issue. For example, claims that a lawyer was ineffective, or that the police violated the fourth or fifth amendments, are not claims that the TIN can examine. 

TIN does not take cases from those who have been incarcerated on a parole or probation violation regardless of the reason violated. TIN does not take cases from those who have been released from incarceration through parole or bail.

  1. What is the procedure for having a case considered?

TIN accepts cases only by mail.   Letters should include, at a minimum, the inmate’s name, number, address, crime convicted of, and a summary of the evidence supporting the claim of innocence.  TIN does not accept cases by telephone or email. The address to write is:

                        David R. Dow

                        Director, Texas Innocence Network

                        University of Houston Law Center

                        100 Law Center

                        Houston, Texas 77204-6060

 

  1. Must an inmate write the letter, or can it come from someone else?

TIN will open a file for an inmate when it receives a request from either the inmate or the inmate’s agent. Frequently, a spouse, parent, or child of the inmate initiates the request. However, once TIN receives a request, its future communications will be directly with the inmate.

 

  1. What about inmates who do not speak English?

TIN has both English and Spanish speakers.

 

  1. Once TIN accepts a case, what is the procedure for investigating the inmate’s claim?

There are two phases to TIN’s investigation. The initial phase is the screening phase. When TIN receives a request to consider a case, then, if the case satisfies TIN’s requirements (see FAQ #1), the inmate will receive a questionnaire. When the questionnaire is returned, members of TIN will examine it to determine whether the case warrants further investigation. If it is determined that further investigation is warranted, then the inmate will be asked to sign a waiver indicating that TIN is not agreeing formally to represent the inmate. Once this waiver is signed and returned to TIN, then the second phase, called the investigative phase, begins. Members of TIN pursue the investigation until either the inmate’s innocence is established or it is determined that proof of innocence is not likely. If investigation discloses that the inmate is probably innocent, then TIN will attempt to assist the inmate in locating counsel to pursue post-conviction appeals or clemency proceedings.

 

  1. What types of evidence must there be for a case to enter the investigative phase?

There is no single answer to this question. Generally, if there is physical evidence in a case that was not tested, or if there are witnesses that we either not interviewed or who have recanted their testimony, then the case will enter the investigative phase. It is not necessary that there be DNA (or other physical) evidence.

 

  1. Is there a way to check on the status of an investigation.

Due to the volume of requests we receive, inquiries by phone or email from agents of the inmate cannot be acknowledged.  There are no exceptions to this policy.  Inmates are kept apprised of the status of their cases by the team investigating their claims.

If an authorized agent of the inmate wants information concerning the status of the investigation, the request must be in writing; email and phone inquiries are not accepted. There are no exceptions to this rule.

 

  1. How long does it take to complete an investigation.

There is no single answer to this question. Some investigations are completed in a day; others have lasted well over one year. The more evidence there is to examine, and the more difficulties TIN encounters in gaining access to the evidence, the longer the investigations take.

 

  1. Are the procedures different for inmates on death row?

The only difference between death row cases and other cases is that inmates on death row are usually represented by counsel. Consequently, if TIN accepts a case from a death row inmate, it does so only if approved by the inmate’s counsel. In such cases, TIN works directly with the inmate’s counsel, and the work done by TIN is privileged by the attorney-client privilege.

 

  1. Is work done for inmates not on death row privileged information?

No. TIN does not have an attorney-client relationship with the inmates for whom it pursues investigations. Consequently, any work-product of TIN in these circumstances is not protected by attorney-client privilege, and it is therefore possible that any evidence TIN discovers will be able to be obtained by parties other than the inmate.

 

  1. Is correspondence between the inmates and TIN entitled to special treatment from prison officials (e.g., must prison officials treat such correspondence as attorney mail)?

As indicated above, there is generally no attorney-client relationship between inmates and TIN or its agents. Consequently, prison officials might well decline to treat inmate correspondence to TIN as privileged in any way. How such mail is treated will vary from state to state, and possibly even from prison to prison. Inmates should not assume that it will be treated as mail to their attorneys.

 

12.  Does TIN ever reopen closed cases?

TIN almost never reopens closed cases.  Only in exceptional circumstances where evidence is discovered that was previously unavailable will TIN reopen an investigation. 

 

  1. How can one get further information about TIN’s activities?

For questions not related to a particular investigation, email and telephone inquiries are accepted. The Innocence Network phone number is 713-743-7552; email is innocence@central.uh.edu.

 

 

last updated: 31 January 2005.