Silvano Uriostegui

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Charge:	Assault (Including Battery)
Sentence:	Exonerated After Conviction But Prior to Sentencing
Years Imprisoned:
Year Crime:	2009
Year Convicted:	2012
Year Cleared:	2012
U.S. State or Country of Crime:	Texas
County or Region of Crime:	Denton
City of Crime:
Result:	Judicially Exonerated
Summary of Case:	"Silvano Uriostegui was wrongly convicted on February 13, 2012 of assaulting his estranged wife, Maria, and her date with a knife at her apartment in Denton County, Texas at her apartment on May 7, 2009. When questioned the date told police he didn't see the attacker, and Maria told police she believed he was the assailant. Maria testified during a hearing for a protection order that Uriostegui was her assailant, although he vigorously denied it, Facing a trial of 'she said, he said', almost three years after the incident Uriostegui agreed to pled guilty to assaulting Maria in exchange for the dropping of the charge of assaulting her date. He requested his punishment be decided by a jury. Two days after his plea, Maria testified that she didn't see her assailants face, and only thought it was Uriostegui based on the man's smell and the sole of one of his boot's that she saw. The prosecution admitted that it had known Maria's identification of Uriostegui wasn't based on seeing him, but it hadn't disclosed that information to his lawyer. Uriostegui's lawyer filed a writ of habeas corpus to withdraw his guilty plea on the basis it wasn't knowingly and voluntarily made, because the prosecution not only failed to disclose the shaky nature of Maria's identification, but it misled him by representing to him that she saw her assailant. The lawyer also asserted that Maria's evidence was unreliable because her protection order testimony was completely different than her sentencing hearing testimony. After holding an evidentiary hearing during which the prosecutors testified they didn't think that the evidence regarding Maria's identification was required to be disclosed as favorable discovery evidence under Brady v. Maryland (1963), Denton County District Court Judge Steve Burgess granted the petition and ordered the withdrawing of Uriostegui’s guilty plea, and vacated his conviction. "
Conviction Caused By:
Innocence Proved By:	"After holding an evidentiary hearing during which the prosecutors testified they didn't think that the evidence regarding Maria's identification was required to be disclosed as favorable discovery evidence under Brady v. Maryland (1963), Denton County District Court Judge Steve Burgess granted the petition and ordered the withdrawing of Uriostegui’s guilty plea, and vacated his conviction."
Defendant Aided By:
Compensation Awarded:
Was Perpetrator Identified?
Age When Imprisoned:
Age When Released:
Sex:	Male
Skin/Ethnicity:	Hispanic
Information Source 1:	"Prosecutor Banned from Court! - Texas Disciplinary Rules Require Disclosure of Favorable Evidence Regardless of Materiality, By John Floyd, JohnFloyd.com, January 2, 2016"
Information Location 1:	http://www.johntfloyd.com/disclosure-favorable-evidence-materiality
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Silvano Uriostegui

Charge:

Assault (Including Battery)

Sentence:

Exonerated After Conviction But Prior to Sentencing

Years Imprisoned:

Year Crime:

2009

Year Convicted:

2012

Year Cleared:

2012

U.S. State or Country of Crime:

Texas

County or Region of Crime:

Denton

City of Crime:

Result:

Judicially Exonerated

Summary of Case:

Conviction Caused By:

Innocence Proved By:

Defendant Aided By:

Compensation Awarded:

Was Perpetrator Identified?

Age When Imprisoned:

Age When Released:

Sex:

Male

Skin/Ethnicity:

Hispanic

Information Source 1:

"Prosecutor Banned from Court! - Texas Disciplinary Rules Require Disclosure of Favorable Evidence Regardless of Materiality, By John Floyd, JohnFloyd.com, January 2, 2016"

Information Location 1:

http://www.johntfloyd.com/disclosure-favorable-evidence-materiality

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Book About Case:

Book Information:

Book About Case (2):

Book Information (2):

Movie About Case:

Comments About Case: