Ex parte Castanuela
| Decision Date | 28 February 1968 |
| Docket Number | No. 41156,41156 |
| Citation | 435 S.W.2d 145 |
| Parties | Ex parte Eugenio CASTANUELA. |
| Court | Texas Court of Criminal Appeals |
Terry Topham, San Antonio, for petitioner (by appointment).
James Barlow, Dist. Atty., Sparta Bitsis and M. C. Gonzales, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.
This is a habeas corpus proceeding instituted pursuant to Art. 11.07, Vernon's Ann.C.C.P., as construed following its amendment in 1967 in Ex parte Young, Tex.Cr.App., 418 S.W.2d 824.
The petition having been presented to Honorable A. A. Semaan, Judge of the 175th Judicial Court of Bexar County, counsel was appointed to represent the applicant who seeks release from confinement in the Texas Department of Corrections under the judgment of conviction in said court which was affirmed in 1961 by this Court in Castanuela v. State, 171 Tex.Cr.R. 173, 346 S.W.2d 332, prior to the decision of the Supreme Court of the United States in Douglas v. People of State of California, 372 U.S. 353, 83 S.Ct. 814, 9 L.Ed.2d 811.
Following a hearing, Judge Semaan found from evidence adduced that applicant had been denied the effective aid of counsel on appeal and forwarded his findings and conclusions to this Court.
We do not find it necessary at this time to pass upon the question of whether applicant is illegally restrained under the judgment of conviction in the Texas Department of Corrections. We direct attention to the opinion of this Court in Ex parte Young, supra, wherein we said:
'In this way the applicant may, in some instances, be afforded all of the relief which the Court of Criminal Appeals or the Federal Court would afford him under the facts.'
We suspend further proceedings in this Court in connection with the application and postpone final disposition...
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