We are thrilled to announce a significant victory for our client in a recent legal battle. On March 29, 2023, the Texas Court of Criminal Appeals granted our client’s 11.07 writ of habeas corpus application on the grounds of ineffective assistance of counsel sentencing.
Case Background
In 2020, our client was convicted of theft and aggravated assault, resulting in sentences of 16 months and 13 years, respectively. Our thorough review revealed that traumatic events in our client’s life significantly contributed to these convictions. We argued that trial counsel was ineffective for failing to investigate and present mitigating evidence during sentencing.
The Legal Journey
After submitting the 11.07 writ of habeas corpus application, the trial court initially found no ineffectiveness in the trial counsel’s performance. However, the Texas Court of Criminal Appeals saw potential merit in our claim and ordered the trial court to gather more facts.
Despite multiple reviews and recommendations from the trial court to deny relief, the Texas Court of Criminal Appeals identified inconsistencies in trial counsel’s affidavits and ordered a live evidentiary hearing. The trial court once again maintained its stance of no ineffectiveness.
Victory at Last
In a pivotal decision, the Texas Court of Criminal Appeals ultimately found trial counsel ineffective for not presenting mitigating evidence. Our client’s sentences were set aside, and he will now receive a new punishment hearing.
The Main Message
This case was a long, tough battle, but we refused to accept the trial court’s recommendation to deny relief. Every defendant deserves effective counsel, and our client did not receive that. We are steadfast in our commitment to justice for all clients, especially those who have been inadequately represented.
A Message to Families
To families of persons convicted of crime and serving time in prison, this victory is a beacon of hope. It underscores the importance of effective legal representation and the possibility of overturning unjust sentences. If your loved one is facing a similar struggle, we are here to fight for their rights and ensure they receive the fair representation they deserve.
For more information or to discuss your case, please contact us. Together, we can make a difference.
About The Attorney
Morgan Walker received her Bachelor of Arts in Criminal Justice and Legal studies from the University of Illinois at Springfield. She attended law school at Southern Illinois University School of Law where she received her Juris Doctorate and graduated Cum Laude in the spring of 2021.
Morgan has a passion for criminal law and criminal defense. She uses that passion to make sure every client is afforded the protections that our Constitution has given them.
Disclaimer
Post Conviction Attorney Morgan Walker works tirelessly to achieve the greatest possible results for each of our clients and their families. This is a selection of one of our many successful results, settlements, and verdicts. Every case and client is unique and depends upon the individual facts and circumstances of each case. Clients may or may not obtain the same or similar results in each case.
