Wrongly Convicted Database Record

 

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Darren D. Lewis

 

Charge:

Drug Related (Possession or sale)

Sentence:

5 years

Years Imprisoned:

3

Year Crime:

2014

Year Convicted:

2014

Year Cleared:

2017

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Harris

City of Crime:

Spring

Result:

Judicially Exonerated

Summary of Case:

"Darren D. Lewis was wrongly convicted on October 31, 2014 of obtaining a controlled substance through the use of a fraudulent prescription form “made without the authority and falsely purporting to be the prescription of a doctor Louis E. Warfield” in Spring, Texas. Darren Lewis was indicted as a habitual offender, but the State dropped the habitual offender enhancement in exchange to his guilty plea, and he was sentenced to five years’ imprisonment. On April 13, 2015 the Harris County District Attorney's Office notified Lewis in prison that it had " “learned through an internal investigation that certain witnesses in your case may have serious credibility issues that possibly affected the outcome of your case” and “strongly” suggested that Lewis contact an attorney “for advice concerning postconviction relief in this matter.” The DA's Office had learned that the Texas Physician Assistant Board had investigated and filed a complaint against Warfield with the State Office of Administrative Hearings "that alleged Warfield violated the Physician Assistants Act by prescribing controlled substances without following proper procedures, monitoring, or documentation. The Board found that Warfield had engaged in malfeasance in prescribing controlled substances, required him to surrender his controlled substances certificates, and prohibited him from treating patients with chronic pain." Lewis filed a writ of habeas corpus to withdraw his guilty plea. The District Court found that "the prescription form was not “fraudulent” under Section 481.129(a)(5)(B) and in light of Avery v. State; (2) Lewis was unaware “that the State was required to prove that he had used a fraudulent prescription form;" The habeas judge also found that Lewis was provided ineffective assistance of counsel because his lawyer was unaware of Avery v. State. On September 27, 2017 the Texas Court of Criminal Appeals affirmed the District Court's ruling and granted Lewis' writ of habeas corpus on the basis of ineffective assistance of counsel, ruling: "Because Lewis demonstrated that his plea counsel did not have an adequate command of the law applicable to his case, he cannot be said to have received objectively reasonable advice. And because the deficiency in his representation prejudiced him, he is entitled to relief." Ex parte Darren Lewis, No. WR-83,458-01 & -02 (Tex. Court of Criminal Appeals 9-27-2017). The State conceded it couldn't prove all essential elements of Lewis' charged crime and its key witness was a discredited doctor."

Conviction Caused By:

Innocence Proved By:

"On September 27, 2017 the Texas Court of Criminal Appeals affirmed the District Court's ruling and granted Lewis' writ of habeas corpus on the basis of ineffective assistance of counsel, ruling: "Because Lewis demonstrated that his plea counsel did not have an adequate command of the law applicable to his case, he cannot be said to have received objectively reasonable advice. And because the deficiency in his representation prejudiced him, he is entitled to relief." Ex parte Darren Lewis, No. WR-83,458-01 & -02 (Tex. Court of Criminal Appeals 9-27-2017). The State conceded it couldn't prove all essential elements of Lewis' charged crime and its key witness was a discredited doctor."

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Information Source 1:

"Ex parte Darren Lewis, No. WR-83,458-01 & -02 (Tex. Court of Criminal Appeals 9-27-2017) (Granting habeas corpus petition based on prosecution's inability to meet its burden of proof.under Avery v. State.)"

Information Location 1:

http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=feecff14-df5d-4e4b-a1a8-4c3324fa69bb&coa=coscca&DT=OPINION&MediaID=921e9c32-9452-4c83-b393-6245965c8476

Information Source 2:

"Ex parte Darren Lewis, No. WR-83,458-01 & -02 (Tex. Court of Criminal Appeals 10-14-2016) (Applicant's Brief setting forth facts of case.)"

Information Location 2:

http://search.txcourts.gov/SearchMedia.aspx?MediaVersionID=156ba7ac-681b-46e6-9126-817bc2a17fce&coa=coscca&DT=BRIEF&MediaID=70f9768f-5891-4a62-8728-6df90942a3ba

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Innocents Database Created and Maintained by Hans Sherrer innocents@forejustice.org

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