What are the requirements for having a case considered by the Texas Innocence Network (“TIN”)?

TIN considers cases involving incarcerated inmates with persuasive claims of actual innocence, who have reached the end of the appellate process. Due to limited resources, TIN takes cases in which a guilty plea, nolo contendere (no contest) plea, or plea bargain was entered on a limited basis only. TIN does not take cases involving any other issue. For example, TIN does not undertake cases involving any of the following claims: ineffective counsel, prosecutorial misconduct, jury misconduct, Fourth Amendment violations, Fifth Amendment violations, or Fourteenth Amendment violations.

TIN does not take cases from those who have been released from incarceration through parole or bail. In addition, TIN does not take cases from individuals who have been incarcerated on a parole or probation violation, even if there is a claim of actual innocence with respect to the underlying crime.

What is the procedure for having a case considered by TIN?

Due to the volume of incoming requests, TIN accepts cases by mail only. TIN does not accept cases by telephone or e-mail. There are no exceptions to this policy. Please address all mail to:

Please include the inmate’s name, number, address, crime convicted of, and reason(s) they are innocent of the crime. Do not send any additional documentation. TIN will not return any documents or exhibits sent by inmates or their agents.

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

An inmate or an inmate’s agent can initiate a request. Frequently, the agent who initiates a request is an inmate’s spouse, parent, or child. Regardless of who initiates the request, TIN will open a file for an inmate when it receives a letter containing the required information (see FAQ #2). However, once TIN receives a request, its future communications will be directly with the inmate (see FAQ #8).

What about inmates who do not speak English?

TIN has both English and Spanish speakers.

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

There are two phases to TIN investigations: the screening phase and the investigative phase. The initial phase is the screening phase. Upon receipt of a request that satisfies TIN requirements (see FAQ #1), TIN sends the inmate a questionnaire and a waiver. The questionnaire asks for additional information. The waiver indicates that TIN is not agreeing formally to represent the inmate. Once the questionnaire and waiver are completed and returned, TIN members examine the questionnaire to determine whether the case warrants further investigation.

If it is determined that further investigation is warranted, the case enters the investigative phase. TIN members pursue the investigation until either it establishes the inmate’s innocence or it determines that proof of innocence is not likely. If an investigation discloses that the inmate is innocent, TIN will attempt to assist the inmate in locating counsel to pursue post-conviction appeals or clemency proceedings.

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

There is no single answer to this question. DNA or other physical evidence is not necessary. Generally, a case will enter the investigative phase if there is physical evidence that was not tested, witnesses that were not interviewed at trial, or witnesses who have recanted their testimony.

Will TIN initiate contact with victims who are recanting their testimony?

No. TIN strongly advocates victims’ rights. Consequently, TIN will never initiate contact with a victim, even if the victim wants to recant their testimony. There are no exceptions to this policy. The victim would need to initiate contact with TIN by mail, phone or e-mail (see FAQ #2 and #13 for TIN contact information).

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

An inmate’s agent(s) may go on-line at www.texasinnocencenetwork.com for information concerning the status of an inmate investigation. Due to the volume of requests received, TIN can not acknowledge phone or e-mail inquiries made by an inmate’s agent(s). There are no exceptions to this policy.

How long does it take to complete an investigation?

There is no single answer to this question. Investigations may take a day to well over a year. The more evidence there is to examine and the more difficulties TIN encounters in gaining access to the evidence, the longer an investigation takes.

Are the procedures different for inmates on death row?

The only difference between death penalty and all other cases is that death row inmates are usually represented by counsel. Consequently, TIN must have approval from an inmate’s counsel before accepting a case from a death row inmate. In such cases, TIN works directly with the inmate’s counsel, and the work done by TIN is protected by the attorney-client privilege.

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

Yes , TIN treats this work as privileged and confidential. Although TIN does not have an attorney-client relationship with the inmates for whom it conducts investigations, unless and until an agreement is specifically entered into between the inmate and TIN attorneys, TIN still deems its work-product to be privileged. Correspondence sent by inmates or their agents, as well as other communications, are privileged, because they involve legal consultation prior to formal representation.

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

As indicated above (see FAQ #10 and #11), generally there is no attorney-client privilege between inmates and TIN or its agents. Consequently, prison officials might decline to treat inmate correspondence with 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 TIN correspondence will be treated as mail to their attorneys.

How can one get further information about TIN activities?

For questions not related to a particular investigation (see FAQ #8), TIN accepts phone and e-mail inquiries. Please call 713-743-7552 or e-mail innocence@uh.edu.

What does it mean if a case has been “Terminated”?

As previously explained in FAQ #1, TIN considers cases involving incarcerated inmates with persuasive claims of actual innocence, who have reached the end of the appellate process. Due to limited resources, TIN takes cases in which a guilty plea, nolo contendere (no contest) plea, or plea bargain was entered on a limited basis only. TIN does not take cases involving any other issue. For example, TIN does not undertake cases involving any of the following claims: ineffective counsel, prosecutorial misconduct, jury misconduct, Fourth Amendment violations, Fifth Amendment violations, or Fourteenth Amendment violations. TIN does not take cases from those who have been released from incarceration through parole or bail. In addition, TIN does not take cases from individuals who have been incarcerated on a parole or probation violation, even if there is a claim of actual innocence with respect to the underlying crime. Consequently, a case may be terminated for any of the above reasons.

In instances where TIN looks into a claim of actual innocence, a case is terminated if/when TIN cannot locate evidence that would reasonably prove that the inmate did not commit the crime(s) for which he/she was convicted.

It is difficult to succeed on a post-conviction claim of actual innocence. There must be new evidence, not available at trial, which affirmatively proves the inmate’s innocence to a clear and convicting standard. This standard set by courts is very difficult to meet. Once a jury verdict has been entered, it is entitled to great weight in later court proceedings, even if errors may have occurred during trial proceedings. After a guilty verdict, the burden of proof is on the person making an actual innocence claim. That person must prove their innocence by clear and convincing evidence; providing reasonable doubt as to the person’s guilt is insufficient at the post-conviction level. It is equally difficult to persuade state boards of Pardons and Parole to grant clemency to an inmate based on a claim of actual innocence.

By terminating an investigation, TIN has merely concluded that the evidence at hand would not be sufficient in either judicial or clemency proceedings to bring relief to the inmate. In order to protect all parties involved in the investigation, TIN policy precludes any discussion of details regarding specific investigations.

If there is any new/additional information/evidence that might be of assistance in investigating this case, the inmate and/or inmate’s agent(s) may write us, explain the specific nature of the new/additional information/evidence, and request that we reopen the case. Additional information regarding the actual innocence claim may be mailed to:

When sending additional information, do not send any additional materials. All that is needed is an explanation of what documents are available—along with a description of the new/additional evidence in the actual innocence claim. If we require additional documents, we will contact the person possessing the documents at a later time.

Will TIN ever reopen a file once it’s been closed?

Not usually. TIN will reconsider a case only if presented with information or evidence that was previously unavailable.