McDonald, Cecil R.

Opinion

Ceecil R.McDonald Cause No. 07-15-00G33-CR mts

Court of Criminal Appeals p.o.bof 12308

State of Texas Capitol Station Austin,TX.

26 21

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To the Honorable Judges o£ the above l^^^t^tt^^'coiMMV^W1^, petitioner and will show: (By7a£*fidavit, new appeal counsel' did • not ask trial counsel whether he advised his client during P&&4\c nr,,*.,* FILED IN

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bargain phase 6£ proceeding.t^w appeal counsel, was made aware of •ti-h'i-s issuei before ,direct^appeal was..filed. Furthermore, trial '"*'_' ° counsel did call for mistrial with objection to prosecutor's Muei Acosta, Clerk

intentional misconduct.However,thers was jurror BIAS against the defendant .The judge should have corrected the BIAS against the the defendant before conviction.Therefore,the judge ABU his discretion.THE RECORD will clearly showw defendant was

prejudice.Habeas Corpus issues not raised are usually not allowed to be raised;•la5fc9r4T-here£pr«jrtriaX.,cpuns]elri and new appeal counsel was deficient -ift their perforroance.pf/ th$ri,r,, duties.JH^we'ver,

Supreme Court of the United states hasclearly established i,-; Federal held In Strickland" that the prisoner need only deraonst-

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rate a reasonable probability that the Vesult~l3fi,1:he-i^ffce#ding^ would have been different.(Sixth Amendment Right to Effective ^^

Assistance of Counsel was violated.Applicant has shown that the

factual or Legal basis for the claims are current.

Wherefore,petitioner PRAY this petition.be granted,

Respectfully Submitted