Appeals Court Orders Hearing for A.J. Armstrong’s Case
A.J. Armstrong, 25, was convicted in 2023 for the 2016 murders of his parents, Antonio Armstrong Sr. and Dawn Armstrong, in their Bellaire-area home. He was 16 years old at the time of the crime.
A Texas appellate court recently ordered a lower court to hold a hearing regarding Armstrong’s case as his attorneys pursue a retrial.
Details of the Appeals Court Decision
The 14th Court of Appeals did not decide whether a new trial should be granted but found that the Houston district court “abused its discretion” by denying the defense a hearing on their motion for retrial.
The appeals court also refrained from ruling on whether a Brady violation occurred, instead stating that a hearing was necessary to determine if such a violation took place. A Brady violation refers to the prosecution’s failure to disclose evidence favorable to the defense during a trial.
Defense Arguments
During oral arguments, Armstrong’s defense attorney, Patrick F. McCann, argued that the state did not disclose a complaint filed against the prosecution’s expert witness. This omission, McCann stated, could have influenced the jury’s assessment of the expert’s credibility.
McCann requested either a retrial or, at minimum, a hearing to evaluate whether a retrial should be granted.
“The state failed to disclose a complaint filed against the prosecution’s expert witness, which could have affected the jury's ability to judge the expert's credibility.” — Defense Attorney Patrick F. McCann
Next Steps
- The lower court has been instructed to conduct a hearing to address the defense’s motion.
- The hearing will evaluate the prosecution’s disclosure practices and consider whether Armstrong’s trial was compromised.
Armstrong’s legal team remains focused on securing a retrial based on these procedural issues.
Author’s summary: The appellate court ordered a hearing on A.J. Armstrong's defense claim that key evidence was withheld, potentially impacting his 2023 murder conviction and opening the door for a retrial.