Levine, Maura Wiggins

• Court: Court of Criminal Appeals of Texas
• Decided: February 26, 2014
• Docket: WR-79,302-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-79,302-01 EX PARTE MAURA WIGGINS LEVINE, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 744824 IN THE 351^ST DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

O R D E R

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 manslaughter and sentenced to twenty years' imprisonment. The Seventh Court of Appeals affirmed her conviction. Levine v. State, No. 07-00-0155-CR (Tex. App.--Amarillo, Jan. 16, 2001) (unpublished).

Applicant contends that her trial counsel rendered ineffective assistance because counsel did not request a mistake of fact jury instruction and did not object to inclusion of a self-defense jury instruction.

The trial court has determined that trial counsel's performance was deficient in that counsel did not request the mistake of fact instruction and did not prevent inclusion of the self-defense instruction, and that such deficient performance prejudiced Applicant.

We order that this application be filed and set to determine whether Okonkwo v. State ⁽¹⁾ affects the analysis of Applicant's ineffective assistance of counsel claims, and if counsel rendered ineffective assistance. The parties shall brief these issues.

It appears that Applicant is represented by counsel. If he is not, the trial court shall determine whether he is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent them. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 60 days of the date of this order.

Filed: February 26, 2014

Do not publish

1. 398 S.W.3d 689 (Tex. Crim. App. 2013).