Ex Parte Reynoso

Full title: EX PARTE JUAN JOSE REYNOSO

Court: Court of Criminal Appeals of Texas

Date published: Dec 20, 2006

No. WR-66,260-01 (Tex. Crim. App. Dec. 20, 2006)

Opinion

No. WR-66,260-01.

December 20, 2006. DO NOT PUBLISH.

On Application for Writ of Habeas Corpus in Cause, No. 941651-A in the 263^rd Judicial District Court Harris County.

ORDER

PER CURIAM.

This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071. On May 12, 2004, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Reynoso v. State, No. AP-74,952 (Tex.Crim.App. Dec. 14, 2005) (not designated for publication). Counsel presents one allegation in applicant's habeas application in which he challenges the validity of applicant's conviction and resulting sentence. Although the trial court did not hold an evidentiary hearing, the judge entered findings of fact and conclusions of law and recommended that relief be denied. However, before this Court ruled on applicant's habeas application, it received a document from applicant entitled, "Pro Se Application for Appointment of New Counsel and Time to File Amended Application for Post-Conviction Writ of Habeas Corpus." In the document, applicant asserts that he has been deprived of his right to counsel under Article 11.071 and denied meaningful access to state and federal court review due to his current counsel's conduct (or lack thereof). Specifically, applicant complains that currently appointed counsel:

1. Never visited or wrote to applicant and never provided him with copies of pleadings or other documents so that he could assist in his defense;

2. Refused to take calls from applicant's family regarding the status of the case;

3. Complained to Mandy Welch with the Texas Defender Service about applicant's family contacting him about the case;

4. Told Welch that he had filed a "skeletal writ" in the case "because he was ordered to do so by the court[,]" which writ failed to raise any cognizable claims and, therefore, does not "constitute reasonable performance by competent counsel" and does constitute an abdication of responsibility as applicant's counsel;

5. Acknowledged that he had done nothing else in the case; and

6. Specifically, told Welch that he "does not consider himself to be representing Applicant."

We remand the case to the trial court to investigate and evaluate the accuracy of the assertions set out above. In accomplishing this, the court may call witnesses, order affidavits, hold a hearing, or obtain evidence in any other manner it deems appropriate. When the trial court completes its evaluation, it shall issue written findings of fact and conclusions of law regarding the assertions, and it shall make a recommendation to this Court regarding what action should be taken on applicant's application for new counsel. The record developed, along with the findings, conclusions, and recommendation, shall be returned to this Court within 45 days after the date of this order. IT IS SO ORDERED THIS THE 20^th DAY OF DECEMBER, 2006.