Judge Charles Mitchell has ruled that a writ of habeas corpus filed on April 26, 2012 on behalf of Kenneth Wayne Boyd Jr. is justified, and that the Texas Court of Criminal Appeals should grant Boyd habeas corpus relief, vacate his conviction, sentence, and order a new trial.
Over 15 years ago, Boyd was sentenced to life in prison for capital murder, but according to court documents Boyd has now provided enough evidence supporting his claim of innocence.
Kenneth Florence, Acting Shelby County District Attorney and Special Prosecutor, is currently handling the state’s side of the case, and Boyd is represented by Clifton L. “Scrappy” Holmes’ law firm, Holmes and Moore P.L.L.C.
If the Texas Court of Criminal Appeals should overturn Boyd’s conviction, then he stands to possibly receive compensation for all of the time that he has spent in prison.
“He gets $80,000 a year for every year that he was locked up plus an annuity based on that same figure, free healthcare and free tuition,” said Florence. “I believe he’s going to be released by the court of appeals based on the judge’s ruling. That would be $1,206,400 in a lump sum check, and annuity based on that same amount is over $2,000,000.”
According to Florence, a retrial of Boyd is unlikely, unless newly discovered evidence against Boyd is presented.
“I did the research and looked into it and I don’t think he can be retried until some evidence is found in the future,” said Florence. “Typically the [Texas Criminal Court of Appeals] goes on vacation from June - October, however, when there’s an actual innocence claim where someone may be locked up who shouldn’t be, and who also is entitled to compensation... Typically, two of the judges [are traveling right now], they will fax all of this off to them and they might make the decision, and give an order releasing him and do an opinion as to whether he is entitled to a relief in advance of that October time line.
Should the conviction be overturned, Florence stated he intends to have the case re-opened.