Court of Criminal Appeals Grants Relief in Marshall Moreno Case Based on Actual Innocence and False Evidence
Travis County District Attorney’s Office Dismisses His Cases
Travis County, TX — On Thursday, November 20, 2025, the Texas Court of Criminal Appeals granted relief in Marshall Moreno’s case (D1DC01303571) based on actual innocence and the false evidence presented during his 2003 trial. After receiving the mandate from the Texas Court of Criminal Appeals (CCA), the Travis County District Attorney’s Office dismissed several charges against Moreno on Thursday, December 18, 2025.
On July 24, 2003, a Travis County jury convicted Moreno of aggravated sexual assault of a child, indecency with a child by sexual contact, and indecency with a child by exposure, and sentenced him to serve 36 years in the Texas Department of Criminal Justice. The victim and main witness of the alleged abuse in his case was Moreno’s biological daughter. During the trial, a therapist and a medical doctor testified about the victim’s outcry statements that she made when she was ten years old, two years after the alleged offenses. No other evidence—such as physical, biological, or other witness testimony—was presented to support the conviction.
In November 2024, Mr. Moreno’s counsel filed a writ of habeas corpus, alleging that he was actually innocent of the charges, including an affidavit from his now-adult daughter recanting her trial testimony. According to her affidavit, she lied about the sexual abuse, and she has felt guilty about her testimony ever since.
In December 2024, the Travis County District Attorney’s Office Conviction Integrity Unit answered Moreno’s counsel’s writ and requested that the 403rd District Court hold hearings to assess the credibility of the complaining and main witness.
After the post-conviction hearing in July 2025, during which Moreno’s daughter testified and then recanted her testimony on the record, the TCDA asked the Judge to agree that the witness was credible and that Mr. Moreno was actually innocent.Both the District Court Judge and the Court of Criminal Appeals agreed that the recantation established actual innocence.
“Although dismissing his cases won’t undo the 24 years Mr. Moreno spent incarcerated, we hope it helps him as he works toward rebuilding his life,” said Travis County District Attorney José Garza. “We are thankful for the courage shown by the main witness to come forward. We are grateful that the District Court Judge and the Criminal Court of Appeals agreed that the recantation proved actual innocence in Mr. Moreno’s conviction, which enabled our office to dismiss his cases quickly.”
The Travis County District Attorney’s Office Conviction Integrity Unit handled Moreno’s case. The Conviction Integrity Unit, established by Travis County DA José Garza in 2021, investigates and litigates cases of actual innocence and potential wrongful convictions, working to ensure justice is served. More information here.
###