Reedy, Ex Parte Billy George

• Court: Court of Criminal Appeals of Texas
• Decided: March 5, 2008
• Docket: AP-75,862
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,862 EX PARTE BILLY GEORGE REEDY, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. C-3-007676-0911735-A IN CRIMINAL DISTRICT COURT NO. 3

FROM TARRANT 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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to a term of life imprisonment.

Applicant contends that his guilty plea was involuntarily made, he received ineffective assistance of counsel, his statement to police was illegally obtained, he was denied his right to appeal, and the indictment in his case is invalid. The State responds that Applicant waived his right to file an Article 11.07 application for writ of habeas corpus as part of his plea agreement, and the habeas court recommended dismissing this application for that reason. We order that this application be filed and set for submission to determine: (1) whether a defendant may waive the right to file an application for writ of habeas corpus and (2) what are the limitations of such a waiver. The parties shall brief these issues.

The trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before 90 days of the date of this order.

Filed: March 5, 2008

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