On March 29, 2023, the Texas Court of Criminal Appeals granted our client’s 11.07 writ of habeas corpus application on the basis of ineffective assistance of counsel.
In 2020, our client was convicted of theft and aggravated assault. He was sentenced to 16 months for the theft conviction and 13 years for the aggravated assault conviction.
After a review of our client’s case and speaking with our client and his family, we learned that he had gone through some very traumatic events during his life. Those traumatic events played a big role in our client’s current convictions. In the 11.07 writ of habeas corpus application, we alleged that our client’s trial counsel was ineffective for failing to investigate and present mitigating evidence at punishment.
After filing the 11.07 writ of habeas corpus application, the Trial Court made findings that trial counsel was not ineffective.
Upon receiving the case, the Texas Court of Criminal Appeals determined that our client’s 11.07 alleged facts that, if true, might entitle him to relief. The Court of Criminal Appeals then ordered the trial court to gather additional facts to determine if trial counsel was ineffective for not investigating and presenting mitigating evidence.
After gathering additional facts, the trial court again concluded that trial counsel was not ineffective and recommended that the Texas Court of Criminal Appeals deny relief to our client.
After reviewing the trial court’s supplemental findings and recommended denial, the Texas Court of Criminal Appeals determined that several inconsistencies were present in trial counsel’s previously submitted affidavits and ordered the trial court to hold a live evidentiary hearing to obtain testimony from trial counsel.
After the evidentiary hearing where our client, his family members, and trial counsel testified, the Trial Court again made findings that trial counsel was not ineffective and again recommended that relief be denied to our client.
Despite the trial courts multiple recommendations to deny relief to our client, the Texas Court of Criminal Appeals found that trial counsel was ineffective for failing to investigate and present mitigating evidence and our client was prejudiced because of trial counsel’s deficiencies.
Ultimately, the Texas Court of Criminal Appeals set aside our client’s sentences and he will receive a new punishment hearing.
This case was a long tough battle, but we refused to accept the trial court’s recommendation that relief be denied because every defendant deserves to be represented by effective counsel and our client did not receive that.
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.
