State v. Eric Michael Heilman

• Court: Court of Appeals of Texas
• Decided: June 25, 2015
• Docket: 09-12-00505-CR
• Status: Published

Opinion

In The

Court of Appeals Ninth District of Texas at Beaumont ________________

NO. 09-12-00505-CR ________________

THE STATE OF TEXAS, Appellant

V.

ERIC MICHAEL HEILMAN, Appellee ____________________________________________________________________

On Appeal from the County Court No. 2 Jefferson County, Texas Trial Cause No. 285580 ____________________________________________________________________

MEMORANDUM OPINION

The trial court granted habeas corpus relief to Eric Michael Heilman. State v.

Heilman, 413 S.W.3d 503, 505 (Tex. App.—Beaumont 2013), rev’d, Ex parte

Heilman, 456 S.W.3d 159 (Tex. Crim. App. 2015). Heilman’s application for writ

of habeas corpus asserted that his plea was involuntary and he had received

ineffective assistance of counsel. Id. Before the hearing on Heilman’s application,

the habeas court requested briefs from the parties on the issue of whether the

prosecution was barred by the statute of limitations. Id. at 506. The trial court’s

1 order stated that the basis for granting habeas relief was the trial court’s

determination that Heilman’s prosecution was barred by the statute of limitations.

Id. The State appealed, and this Court affirmed the trial court’s order. Id. at 509.

The Court of Criminal Appeals granted the State’s petition for discretionary review

and held that Heilman’s limitations defense was a forfeitable right and Heilman

had waived his right to assert a limitations defense, and the Court remanded the

case “to the court of appeals to assess Heilman’s other claims.” Ex parte Heilman,

456 S.W.3d at 160, 169.

After the Court of Criminal Appeals remanded the case to this Court, we

gave the parties an opportunity to raise additional arguments, and the parties

declined to do so. The trial court has not yet addressed Heilman’s remaining

claims. In accordance with the mandate from the Court of Criminal Appeals, we

remand the cause to the trial court.

REMANDED.

________________________________ LEANNE JOHNSON Justice

Submitted on May 27, 2015 Opinion Delivered June 24, 2015

Before Kreger, Horton, and Johnson, JJ.