The Court of Criminal Appeals of Texas has overturned a lower court’s decision to throw out the rape conviction of Samuel Ukwuachu.
In the opinion released Wednesday, the court found the Tenth Court of Appeals in McLennan County erred when it granted Ukwuachu a new trial.
You can read the entire decision below:
A jury convicted Ukwuachu of sexual assaulting a fellow student in 2015. In July of 2019, Waco’s 10th Court of Appeals ordered that he should receive a new trial.
The court made that decision based on the prosecution’s use of Ukwuachu’s rooommate’s phone records, calling it a due process violation.
Right after the court’s ruling, state prosecutors filed a request for the Texas Court of Criminal Appeals to hold a discretionary review of the case. They argue the lower court’s decision used a “false testimony framework that is incompatible with even its own review of the facts.”
After the original conviction, the jury sentenced Ukwuachu to 180 days in jail, plus ten years probation. He also had to register as a sex offender.
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