POSTED: Monday, October 28, 2013 - 9:28am
UPDATED: Monday, October 28, 2013 - 4:10pm
Upshur County, Texas (Longview News-Journal) — A Gilmer man serving a life sentence is suing the Upshur County District Attorney’s Office, claiming he is being deprived of his liberty based on the office’s failure to release evidence used as part of his case, and that his appeal was sabotaged.
But, District Attorney Billy Byrd said last week that Brandon Dean Morgan waived his right to an appeal when he pleaded guilty.
Morgan filed the lawsuit in the Eastern District Court in Marshall, according to documents obtained earlier last week.
In the suit, Morgan alleges the District Attorney’s office refused to release biological evidence that he wants to have retested.
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