Most of the time, it seems to be a point of honor (yes some defense attorneys have a sense of honor), and they file a PDR because the issue is important to them. They generally do not receive payment unless PDR is granted.

Just to elaborate a little, I'd estimate we get PDRS in about 75% of felony cases, about 1/2 pro se, and 1/2 by appointed counsel who feel compelled to do so. I don't think anyone gets paid. So, I picked #2.

I'd guess the defense attorneys I see file PDRs about 90 percent of the time in felony cases. I never check to see if the courts pay them but I assume that they do.

BTW, I've gone down fighting at least once on the claim that Ex parte Fontenot, 3 S.W.3d 32 (tca 1999) was wrongly decided. See Wainwright v. Torna, 102 S.Ct. 1300, 1301 (1982)(no right to counsel "to pursue discretionary" review). Maybe, they will fix this someday and get fewer frivolous PDRs.

David: I am confused by your post. You were arguing Judge Johnson was right about 11.07 sec. 4? You were arguing Fontenot was wrong about how Torna applies to art. 26.04? You were arguing Wilson was wrongly decided? You were arguing Peterson was wrongly decided (I did too at one time)?

Back to the poll. To make it anywhere close to scientific I would like to hear from Harris, Bexar, Cameron, El Paso, Collin, Denton, and Travis Counties. I certainly appeciate the five who took the time to vote.