Duvall, Eric Matsumura

• Court: Court of Criminal Appeals of Texas
• Decided: April 5, 2023
• Docket: WR-93,712-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,712-01

EX PARTE ERIC MATSUMURA DUVALL, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20160D01661-DCR1-1 IN THE CRIMINAL DISTRICT COURT NO. 1 FROM EL PASO COUNTY

Per curiam.

OPINION

Applicant was convicted of capital murder and sentenced to life without parole. The Eighth

Court of Appeals affirmed his conviction. Duvall v. State, No. 08-19-00313-CR (Tex. App.—El

Paso, Sept. 29, 2021). Applicant filed this application for a writ of habeas corpus in the county of

conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.

Applicant contends that appellate counsel failed to timely inform Applicant that his

conviction had been affirmed and advise him of his right to file a pro se petition for discretionary

review. Based on the record, the trial court has determined that appellate counsel’s performance was

deficient and that Applicant would have timely filed a petition for discretionary review but for 2

counsel’s deficient performance.

Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Crow,

180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-of-time petition for

discretionary review of the judgment of the Eighth Court of Appeals in cause number No. 08-19-

00313-CR. Should Applicant decide to file a petition for discretionary review, he must file it with

this Court within thirty days from the date of this Court’s mandate.

Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional

Institutions Division and the Board of Pardons and Paroles.

Delivered: April 5, 2023 Do not publish