Ex Parte Greer

Court of Criminal Appeals of Texas

Ex Parte Greer

505 S.W.2d 295, 1974 Tex. Crim. App. LEXIS 1371

CourtCourt of Criminal Appeals of Texas

DecidedFebruary 13, 1974

Docket48064

StatusPublished

Cited by3 cases

This text of 505 S.W.2d 295 (Ex Parte Greer) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ex Parte Greer, 505 S.W.2d 295, 1974 Tex. Crim. App. LEXIS 1371 (Tex. 1974).

Pincite

Opinion

OPINION

ROBERTS, Judge.

This is a post-conviction habeas corpus proceeding in which the petitioner, Vivian E. Greer, challenges the legality of his confinement in the Texas Department of Corrections.

The record reflects that on October 9, 1961, petitioner plead guilty to nine charges 6f forgery and passing. All sentences on the offenses were assessed to run consecutively, for a total confinement of fifty-three years. Petitioner contends that he was denied effective assistance of counsel at his trial.

The court which heard petitioner’s application found as fact that petitioner was represented by a court-appointed attorney, now deceased. The court found that this attorney was not an active practitioner ; that he never appeared in court except by appointment on pleas of guilty; that he suffered brain damage in an automobile accident prior to petitioner’s trial; that he failed to keep abreast of developments in the criminal law; and that he did not counsel with petitioner prior to the entry of petitioner’s pleas. The court concluded that petitioner had been denied effective assistance of competent counsel and recommended that the writ be granted.

While we are not bound by the findings and conclusions of the court in such a situation, see Ex Parte Marez, 464 S.W.2d 866 (Tex.Cr.App.1971), those findings have adequate support in the record of this case. Additionally, the evidence in this case is almost exactly like that in Ex Parte Love, 468 S.W.2d 836 (Tex.Cr.App. 1971), the same witnesses having appeared and the State having stipulated the testimony of the court reporter.

If we are to be consistent, we must conclude, as did the Court in Ex Parte Love, *296 supra, that the petitioner’s trial was a sham.

The writ of habeas corpus shall issue. The petitioner is ordered discharged from confinement under these convictions and returned to Harrison County to answer to the indictments pending against him.

Free access — add to your briefcase to read the full text and ask questions with AI

OPINION

ROBERTS, Judge.

This is a post-conviction habeas corpus proceeding in which the petitioner, Vivian E. Greer, challenges the legality of his confinement in the Texas Department of Corrections.

The record reflects that on October 9, 1961, petitioner plead guilty to nine charges 6f forgery and passing. All sentences on the offenses were assessed to run consecutively, for a total confinement of fifty-three years. Petitioner contends that he was denied effective assistance of counsel at his trial.

The court which heard petitioner’s application found as fact that petitioner was represented by a court-appointed attorney, now deceased. The court found that this attorney was not an active practitioner ; that he never appeared in court except by appointment on pleas of guilty; that he suffered brain damage in an automobile accident prior to petitioner’s trial; that he failed to keep abreast of developments in the criminal law; and that he did not counsel with petitioner prior to the entry of petitioner’s pleas. The court concluded that petitioner had been denied effective assistance of competent counsel and recommended that the writ be granted.

While we are not bound by the findings and conclusions of the court in such a situation, see Ex Parte Marez, 464 S.W.2d 866 (Tex.Cr.App.1971), those findings have adequate support in the record of this case. Additionally, the evidence in this case is almost exactly like that in Ex Parte Love, 468 S.W.2d 836 (Tex.Cr.App. 1971), the same witnesses having appeared and the State having stipulated the testimony of the court reporter.

If we are to be consistent, we must conclude, as did the Court in Ex Parte Love, *296 supra, that the petitioner’s trial was a sham.

The writ of habeas corpus shall issue. The petitioner is ordered discharged from confinement under these convictions and returned to Harrison County to answer to the indictments pending against him.

Cite This Page — Counsel Stack

Bluebook (online)

505 S.W.2d 295, 1974 Tex. Crim. App. LEXIS 1371, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ex-parte-greer-texcrimapp-1974.

Opinion

Related

Cite This Page — Counsel Stack