Gonerway, Ex Parte Joe Frank

• Court: Court of Criminal Appeals of Texas
• Decided: December 14, 2005
• Docket: AP-75,171
• Status: Published

Opinion

   IN THE COURT OF CRIMINAL APPEALS

                                   OF TEXAS

                                                                NO. AP-75,171

                                 EX PARTE JOE FRANK GONERWAY, Applicant

                          ON APPLICATION FOR A WRIT OF HABEAS CORPUS

                                                      FROM GREGG COUNTY

Meyers, J., delivered the opinion for a unanimous Court.

Applicant was convicted of assault on a public servant and sentenced to ten years confinement.  He filed an application for a writ of habeas corpus claiming that the indictment was invalid or defective, that he received ineffective assistance of counsel, and that the Board of Pardons and Paroles improperly withdrew his release to mandatory supervision.  However, the initial copy of the application received by this Court included only the pages of the form containing the ineffective assistance of counsel ground for relief, as well as a memorandum from the Applicant in which he argued the invalid indictment and improper withdrawal of release to mandatory supervision claims.  The pages containing these complaints as separate grounds for relief were missing.  We filed and set this case on May 17, 2005 to determine whether Applicant=s improper withdrawal of release to mandatory supervision complaint should be considered even though it was not properly listed in the Article 11.07 Application for a Writ of Habeas Corpus form.  At that time, the Court was unaware that the Applicant had indeed filed a complete application, but the pages were simply missing from the file received by the Court and the error was not the fault of the Applicant.  The Court subsequently received the missing pages, making the issue on which we filed and set this case moot.  In addition, the improper withdrawal of release to mandatory supervision claim is now moot as Applicant has already been released to mandatory supervision. 

The application is therefore dismissed as moot.

Meyers, J.

Delivered: December 14, 2005

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