I just received a petition for a writ of habeas corpus from a conviction that occurred in 1991. In 1991, he pled "no contest" pro se to DWI and was put on probation. Now, 14 years later, he is claiming he was not afforded counsel.
Our clerk, years ago, shredded all of the waivers he signed because he went off probation. They only kept the docket sheet and the judgment.
Under CCP 11.072 it appears as there is no timeline for the writ. Can anyone shed some light on this for me? Thanks
Argue laches. Ex parte Carrio, 992 S.W.2d 486 (Tex.Crim.App.1999).
What does the judgment say? If done correctly, it should reflect that defendant had counsel or that he knowingly waived it.
Defendant's testimony, alone, is never enough to establish the counsel claim. So, without any documents, how will he be proving it up?
We can only assume that the same burdens imposed by such cases as Maddox, 591 S.W.2d at 902 apply in a proceeding under 11.072. Unless he has alleged he was indigent and did not voluntarily waive his right to counsel, the face of the application shows he is manifestly entitled to no relief. And I agree he should have an impossible burden of proving those facts at this point.
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.