I am attempting to answer a Writ. The basis is two-fold - Defendant was incompetent at the time of the plea, and ineffective assistance of counsel. The defendant plead guilty in Feb, filed a motion for a new trial based on incompetency, which was heard in Apr, and denied. Now he's filing the Writ. Everything I've been able to find talks about the issue being raised prior to, or during trial. Any help getting started would be greatly appreciated!

Incompetency at trial can be raised in an application for post-conviction habeas. Yarborough, 607 S.W.2d at 566. It appears, however, that the habeas evidence must show that the convicting court was presented with evidence which would raise a bona fide doubt as to competency. Without sufficient factual allegations, such a claim does not mandate further investigation upon collateral attack. Johnson, 704 F.2d 232, 238 (5th Cir. 1983), cert. den., 465 U.S. 1009 (1984). Furthermore, where the issue was raised and determined at trial art. 11.07 does not provide a means to relitigate competency. Elkins, 324 S.W.2d at 2. I would argue that the decision of the trial court on the motion for new trial has become the law of the case. See Mattei, 458 S.W.2d at 918. That holding should not be subject to review by a collateral writ. Drake, 883 S.W.2d at 215; Schuessler. 846 S.W.2d at 852. Obviously, the relief to be granted, if any, will be an after-the-fact determination of competence.

On the competency issue, I would say he forfeited the claim by failing to raise it on direct appeal. Ex parte Sanchez, 918 S.W.2d 526, 527 (Tex. Crim. App. 1996)(�the Great Writ should not be used to litigate matters which should have been raised on appeal.�); Ex parte Banks, 769 S.W.2d 539, 540 (Tex. Crim. App. 1989) (same).
On the ineffective assistance issue, is he claiming that defense counsel was ineffective in not telling the trial court about the defendant's incompetence?
I recently briefed an appellate claim that a motion for new trial should have been granted because (1) the defendant's MNT affidavits showed that he was incompetent (alleged bi-polar off meds) and (2) defense counsel was ineffective in not telling the trial court about the defendant's incompetence. I'd be happy to e-mail you a copy of the brief if you want it.