“That was in black and white in the record,” he said. “If the state is getting irate about it, they need to go back and read the record more carefully. This isn’t something the defense made up. They were way out of bounds on this.”

A 54th State District Court jury convicted Ukwauchu of sexual assault and granted his request for probation. The victim in the case, a freshman athlete at Baylor, testified that Ukwuachu raped her at The Groves apartments on South University Parks Drive after a Baylor homecoming party in November 2013.

Ukwuachu, from Pearland, transferred to Baylor from Boise State University but never played at Baylor. He said he had a consensual sexual encounter with the woman.

The 10th Court reversed the case again on the basis of its belief that the prosecution’s use of the cellphone records created false testimony and violated Ukwuachu’s due process rights.

“The false testimony relates to Ukwuachu’s roommate’s location and whether phone calls were made around the time of the alleged offense,” the opinion states. “The complaint is that the false testimony was created by the way in which the state made use of his roommate’s cell phone records, which were provided to Ukwuachu on the second day of the trial, but which were excluded from evidence.