Gilbert, Tyrone Louis

• Court: Court of Criminal Appeals of Texas
• Decided: November 6, 2013
• Docket: WR-79,606-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-79,606-02

EX PARTE TYRONE LOUIS GILBERT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 07-02528-A IN THE 252nd DISTRICT COURT FROM JEFFERSON COUNTY

Per curiam.

OPINION

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the

clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte

Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and

sentenced to life imprisonment. The Ninth Court of Appeals affirmed his conviction. Gilbert v.

State, No. 09-10-00439-CR (Tex. App.—Beaumont, delivered August 24, 2011, pet. ref’d).

Applicant contends, inter alia, that his trial counsel, Ms. Stella M. Morrison, rendered

ineffective assistance during voir dire, the guilt-innocence phase of trial, and the punishment phase 2

of trial.1

The trial court has determined, based upon the record, that trial counsel's performance was

deficient in that counsel rendered ineffective assistance throughout the entire trial process, and that

such deficient performance prejudiced Applicant. We agree. Relief is granted. The judgment in

Cause No. 07-02528-A in the 252nd District Court of Jefferson County is set aside, and Applicant

is remanded to the custody of the Sheriff of Jefferson County. The trial court shall issue any

necessary bench warrant within 10 days after the mandate of this Court issues.

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

Institutions Division and Pardons and Paroles Division. Copies of this opinion shall also be sent to

the State Bar of Texas, Chief Disciplinary Counsel’s Office.

Delivered: November 6, 2013 Do not publish

1 The Applicant has alleged thirteen grounds of ineffective assistance of counsel in this cause along with four other separate grounds for relief.