Defendant Who Did Not Receive a Fair Trial Released
Travis County, TX — On Wednesday, April 16, 2025, the Honorable Judge Karen Sage issued an order for Alvin Stewart, 42, who did not receive a fair trial in 2002, to be released from custody. Judge Sage resentenced Mr. Stewart for his 2002 aggravated robbery conviction after the Texas Court of Criminal Appeals (CCA) granted him habeas corpus relief last month. During the hearing, both the State and Mr. Stewart’s defense counsel requested that he be credited for the 23 years served of his original 65-year prison sentence and not have to serve any additional time. Judge Sage resentenced Mr. Stewart to serve 5 years, giving him credit for his time served.
“We strongly believe that if the jury that convicted Mr. Stewart had all the evidence during his trial in 2002, there would have been a different outcome,” said Travis County District Attorney José Garza. “We are grateful for the judge agreeing that an injustice had occurred, and that Mr. Stewart has served enough time.”
Background
Mr. Stewart was 18 years old when he was arrested and charged with killing his former middle-school mentor and then robbing him of a VCR. During his 2002 trial, it was alleged by the State that Mr. Stewart was in a voluntary sexual relationship with the decedent, which is why Stewart was with the decedent on the night in question. After a trial by jury, Mr. Stewart was convicted of manslaughter and aggravated robbery. The jury sentenced Mr. Stewart to serve 20 years for manslaughter and 65 years for aggravated robbery.
After four days of in-person hearings in 2024 (June 17, July 1, September 10, and October 22), the evidence revealed that had an investigation been done, the defense would have been able to present to the jury evidence of grooming and sexual assault by the decedent to Mr. Stewart beginning when Mr. Stewart was in the 7th grade. During the hearings, numerous witnesses testified about their knowledge of the nature of the relationship between Mr. Stewart and the decedent, including the possibility that it may have been sexual in nature and started as early as middle school. Both original prosecutors and both defense attorneys, along with former students and colleagues of the decedent, provided testimony during the hearings. On the final day, the defendant also testified.
At the hearings, the Travis County District Attorney’s Office (TCDA), along with the defense counsel, presented to the Honorable Judge Sage a set of Agreed Upon Poposed Findings of Fact and Conclusions of Law and bond motion. These findings concluded that Mr. Stewart did not receive a fair trial, should be granted a new trial, and should be released from prison while awaiting a decision from the Court of Criminal Appeals.
The Agreed Upon Findings of Fact and Conclusions of Law found that the original defense attorney was ineffective for failing to investigate the nature of the relationship. Further, if the jury was aware of the nature of the relationship, they would not have sentenced Mr. Stewart to 65 years of incarceration. The Travis County District Attorney’s Office also agreed that, had there been an investigation into the facts as alleged by Mr. Stewart, there was insufficient evidence of robbery.
In November 2024, after considering and reviewing the new evidence and testimony in Mr. Stewart’s case, Judge Sage signed the findings of fact and released him on bond pending a decision from the CCA under TX CCP 11.65. The writ itself was filed under TX CCP 11.07. The agreed-upon Findings of Fact and Conclusions of Law, signed by Judge Sage, were also delivered to the CCA.
In March 2025, the CCA granted Mr. Stewart habeas corpus relief and agreed with Judge Sage’s recommendation that Mr. Stewart was entitled to a new punishment hearing and sent the case back to the District Court.
The Travis County District Attorney’s Office Conviction Integrity Unit (CIU)
In 2021, the Travis County District Attorney’s Office Conviction Integrity Unit, under Travis County District Attorney José Garza, was reorganized and given more resources. Over the last four years, the CIU has participated in multiple separate historical case reviews and agreed that defendants (including Stewart) were entitled to relief in eight cases.
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