Habeas Corpus After a Guilty Plea in Texas
A guilty plea does not close the door to habeas relief. Many of the strongest habeas cases begin with a guilty plea, because the errors that lead to wrongful guilty pleas are the kind of errors that habeas corpus is designed to address: errors that do not appear in the trial record and could not have been raised on direct appeal.
Ineffective Assistance of Counsel
The most common habeas claim after a guilty plea is that the defendant’s trial lawyer provided constitutionally ineffective assistance. Under Strickland v. Washington, the defendant must show that counsel’s performance was deficient and that the deficient performance prejudiced the outcome. In the guilty-plea context, prejudice means there is a reasonable probability that the defendant would not have pleaded guilty but for counsel’s errors. Hill v. Lockhart.
Common examples of ineffective assistance leading to a guilty plea:
- Failure to advise on immigration consequences. Under Padilla v. Kentucky, trial counsel must advise a noncitizen defendant that a guilty plea carries a risk of deportation. Failure to give this advice, or giving incorrect advice, can support a habeas claim if the defendant would not have pleaded guilty had he known the immigration consequences.
- Failure to advise on sex-offender registration. If the defendant did not know that a guilty plea would require lifetime sex-offender registration, and trial counsel failed to explain this, the plea may not have been knowing and voluntary.
- Failure to investigate. If trial counsel advised a guilty plea without investigating the facts, interviewing witnesses, or reviewing the evidence, and a reasonable investigation would have revealed a viable defense, the guilty plea may be the product of deficient performance.
- Incorrect advice about the sentence. If trial counsel told the defendant he would receive probation and the court imposed prison time, or if counsel misrepresented the applicable punishment range, the plea was not voluntary.
Involuntary Plea
A guilty plea must be knowing, intelligent, and voluntary. If the defendant did not understand the charges, the consequences of the plea, or the rights being waived, the plea is constitutionally infirm. Coercion by counsel, the court, or third parties can also render a plea involuntary. The standard is whether the plea represents “a voluntary and intelligent choice among the alternative courses of action open to the defendant.” North Carolina v. Alford.
Brady Violations
If the State withheld material exculpatory evidence before the guilty plea, habeas relief may be available. The question is whether the suppressed evidence is material: whether there is a reasonable probability that the defendant would not have pleaded guilty had the evidence been disclosed. United States v. Ruiz limits some Brady obligations in the plea context, but the State’s duty to disclose evidence of actual innocence survives a guilty plea.
The Vehicle
For a final felony conviction, the application is filed under Code of Criminal Procedure Article 11.07. For a conviction resulting in community supervision, the application is filed under Article 11.072. Both go first to the convicting court. The 11.07 application then goes to the Court of Criminal Appeals for a final decision; the 11.072 application is decided by the trial court itself; that decision can be appealed to the Court of Appeals by either party.
If you pleaded guilty and believe you received bad advice, were not told about the consequences, or would not have pleaded guilty if you had known the facts, email us at info@bennettandbennett.com or use our contact form. Tell us the county, the offense, the year, and what went wrong.