DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated assault and sentenced to two years' imprisonment. The Seventh Court of Appeals affirmed his conviction. Keenum v. State, No. 07-16-00111-CR (Tex. App.-Amarillo del. Jul....
DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with a child and sentenced to eight years' imprisonment. The Second Court of Appeals affirmed his conviction. Jimenez v. State, 507 50S.W.3d 438 (Tex. App.-Fort Worth...
Keller , P.J. , delivered the opinion of the Court in which Keasler, Hervey, Richardson, Keel, and Walker, JJ., Joined. A provision of the Texas Open Meetings Act (TOMA) makes it a crime if a member or group of members of a governmental body "knowingly conspires to circumvent this chapter by meeting in numbers less than a quorum for the purpose of secret deliberations in violation of this chapter." 1 We conclude that this provision is unconstitutionally vague on its face. Consequently, we...
DO NOT PUBLISH OPINION PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of possession of a controlled substance and sentenced to 180 days' imprisonment. He did not appeal his conviction. Applicant contends that guilty-plea counsel failed to advise him of...
DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of indecency with a child and sentenced to imprisonment for eight years. On February 1, 2018, an order designating issues was signed by the trial court. 1 The habeas...
DO NOT PUBLISH OPINION PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to imprisonment. Applicant contends that he was denied his right to a direct appeal of the conviction through no fault of his own. See Ex parte Axel, 757 S....
DO NOT PUBLISH ORDER PER CURIAM . Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying cases, ordering the district court to order the city attorney's office to provide electronic duplicates of videos in the above actions. This Court held the application in abeyance, ordered a stay in the underlying proceedings, and ordered the respondent to file a response. Relator...
OPINION Hervey , J. , delivered the opinion of a unanimous Court. The issue in this case is whether Samuel Osvaldo Garcia's claim that he is entitled to relief because his attorney gave him affirmative misadvice regarding his possible deportation is cognizable or whether it is barred as a non-retroactive Padilla claim. The court of appeals held that the claim is cognizable as an affirmative misadvice claim, and we agree. Consequently, we affirm the judgment of the court of appeals....
DO NOT PUBLISH ORDER PER CURIAM . Relator filed a petition for a writ of mandamus, pursuant to the original jurisdiction of this Court. The petition requests that we issue a writ of mandamus in the underlying cases, ordering the district court to order the city attorney's office to provide electronic duplicates of videos in the above actions. The respondent, the Judge of the Municipal Court of the City of Carrollton, shall file a response with this Court. The real party in interest, the...
ORDER Per curiam . This is a subsequent application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, 5. Applicant was convicted of murdering Joana Rodriguez in the course of kidnapping her. Prior to the instant offense, Rodriguez was pregnant and was living in the same apartment complex where Applicant resided. Applicant told people that she wanted Rodriguez's baby and that she was going to "cut the baby out" of her....
DO NOT PUBLISH ORDER PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of felony murder and sentenced to imprisonment for thirty years. On May 3, 2017, an order designating issues was signed by the trial court. The habeas record has been...
DO NOT PUBLISH OPINION PER CURIAM . Appellant was convicted of two counts of robbery and sentenced to fifteen years in prison in each count, to run concurrently. On appeal, Appellant claimed that the Consolidated Court Cost fee imposed pursuant to Local Government Code 133.102(a)(1) was facially unconstitutional. The Court of Appeals held that this claim was not preserved for review because Appellant did not object to the imposition of the fee before the trial court. In the alternative,...
DO NOT PUBLISH Appellant's Petition for Discretionary Review Refused. NEWELL , J. filed a dissenting opinion. I would grant review for the reasons stated in my opinion dissenting to the refusal of discretionary review in Horton v. State, ___ S.W.3d ___, 2017 WL 4399159 (Tex. Crim. App. Oct. 4, 2017) (Newell, J., dissenting).
DO NOT PUBLISH OPINION PER CURIAM . Appellant was convicted of burglary of a habitation and sentenced to ten years' imprisonment. On appeal, Appellant claimed that the portions of the consolidated court costs were unconstitutional. The court of appeals held that this claim was not preserved for review because Appellant did not object to the imposition of the fee before the trial court. The record reflects that the bill of costs was not prepared until days after judgment was entered....
DO NOT PUBLISH OPINION PER CURIAM . Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824 , 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and sentenced to six years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Quintero v. State, 467 S.W.3d 671 (Tex....
OPINION Keel , J. , delivered the opinion of the Court in which Alcala, Richardson, Yeary, Newell, and Walker, JJ., joined. Applicant was charged with causing serious bodily injury to a child under Texas Penal Code section 22.04(a)(1). After the State abandoned the deadly weapon allegation, he pled guilty with a 50-year cap, and the trial court sentenced him to 50 years in prison. Applicant now claims that his plea was involuntary because his attorney misadvised him about the effect of a...
OPINION Hervey , J. , delivered the opinion of the Court in which Keasler, Alcala, Richardson, Newell, and Walker, JJ., joined. Burt Lee Burnett was charged with driving while intoxicated after he rear-ended another vehicle. The State alleged that Burnett was intoxicated "by not having the normal use of his mental and physical faculties by reason of the introduction of alcohol, a controlled substance, a drug, a dangerous drug, a combination of two or more of those substances, and any...
Per curiam . A jury convicted Ritz of continuous trafficking of a person. The court of appeals affirmed the conviction and held that the evidence was legally sufficient under the plain text of the statute even though the facts did not involve "organized crime, prostitution, or forced labor." 1 This Court initially granted discretionary review to examine that holding. Having examined the record and briefs, we conclude that our decision to grant review was improvident. We therefore dismiss...
DO NOT PUBLISH OPINION RICHARDSON , J. , delivered the opinion of the Court in which KELLER, P.J., and HERVEY, ALCALA, YEARY, NEWELL, KEEL, and WALKER, JJ. joined. KEASLER, J., concurred in the result. On July 13, 2016, Relator, James Michael Jeffcoat, filed with this Court a Petition for Original Writs of Habeas Corpus, Certiorari, and Mandamus. Relator asks this Court to compel the Third Court of Appeals to consider and rule upon the Motion for Rehearing he filed with the Third Court...
DO NOT PUBLISH ORDER PER CURIAM . We have before us a post-conviction application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071 5 and a motion to stay applicant's execution. In September 2008, a jury convicted applicant of the offense of capital murder for murdering a person in the course of robbing him. TEX. PENAL CODE 19.03(a)(2). The jury answered the special issues submitted pursuant to Texas Code of Criminal...
