Ex parte Harris, 62648
Decision Date | 09 April 1980 |
Docket Number | No. 62648,62648 |
Citation | 596 S.W.2d 893 |
Parties | Ex parte Lewis Kennedy HARRIS. |
Court | Texas Court of Criminal Appeals |
As we previously ordered, see 593 S.W.2d 330 (Tex.Cr.App.), the judge of the convicting court has conducted an evidentiary hearing and made findings of fact and conclusions of law. The evidence which was introduced was the testimony of the applicant and his former attorney, Pat Walker, and a transcript of a co-defendant's federal habeas corpus hearing. The judge below found:
A mere, pro forma appearance of counsel does not amount to the "Assistance of Counsel" and "due process of law" that are guarantied by the United States Constitution. 1 Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932). Neither does it afford the "right of being heard by . . . counsel" guarantied by the Texas Constitution. 2 These constitutional provisions require that counsel render reasonably effective assistance. Ex parte Gallegos, 511 S.W.2d 510 (Tex.Cr.App.1974). A guilty plea rendered without the effective assistance of counsel (or a knowing...
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Shipley v. State
...alleges he was essentially deprived of counsel. Powell v. Alabama, 287 U.S. 45, 53 S.Ct. 55, 77 L.Ed. 158 (1932); Ex parte Harris, 596 S.W.2d 893 (Tex.Crim.App.1980). Thus, he argues the pleas were entered without a knowing and intelligent waiver of his rights, and the convictions cannot be......
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...1463, 25 L.Ed.2d 747 (1970); see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); cf. Ex parte Harris, 596 S.W.2d 893, 894 (Tex.Cr.App.1980); see also Ex parte Bratchett, 513 S.W.2d 851, 854 In deciding the voluntariness of a plea, courts intermingle the concepts ......
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Meyers v. State, 67925
...1463, 25 L.Ed.2d 747 (1970); see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160, 27 L.Ed.2d 162 (1970); cf. Ex parte Harris, 596 S.W.2d 893, 894 (Tex.Cr.App.1980); see also Ex parte Bratchett, 513 S.W.2d 851, 854 (Tex.Cr.App.1974). The purpose and function of the mandates of Article 26......
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