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The trial counsel has filed an application for a writ to reverse a plea to deferred adjudication. My understanding is that he is the Petitioner and the Applicant is the defendant. The trial counsel is a fact witness so he cannot argue and has asked to withdraw and have the Court appoint new counsel.

In case you are wondering, the Writ is very light and has mere conclusory statements. If anything, DC was ineffective (and yes, he states he was not able to effectively represent - so it is almost an involuntary plea IAC claim on himself lol).

My question is two-fold:

1) Can the Court appoint counsel on a 11.072 Writ? If "interest of justice" is the standard to appoint in this situation, what strategies has anyone pursued to block it? I'd rather have a new attorney assigned or hired and file a new application rather then argue the trial counsel's weak application.

2) Does a new application need to be filed as he verified the application he filed but there is no telling whether an appointed counsel would concur with the statements therein? Or is it truly "anyone" who may file the writ and "anyone else" can argue it?

As always, thank you for your time and consideration - and your brain.
 
Posts: 3 | Registered: December 08, 2023Reply With QuoteReport This Post
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TDCAA    TDCAA Community  Hop To Forum Categories  Criminal    Habeas Corpus - 11.072 Writ - Petitioner is Trial Counsel

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