Ex parte Meadows, No. 40314
| Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
| Writing for the Court | WOODLEY; In Brotherton v. State, supra; MORRISON |
| Citation | 418 S.W.2d 666 |
| Parties | Ex parte William Lee MEADOWS. |
| Decision Date | 19 July 1967 |
| Docket Number | No. 40314 |
Page 666
Rehearing Denied Oct. 11, 1967.
Rois L. Brockman, Woodville, for appellant.
R. A. Richardson, Dist. Atty., Kuntze, Leon B. Douglas, State's Atty., Austin, for the State.
WOODLEY, Presiding Judge.
This is a habeas corpus proceeding in which the petitioner, an inmate of the Texas Department of Corrections, attacks the sentence under which he is so confined.
The application is prison drawn and the petitioner is not represented by counsel.
The conviction is for robbery with punishment assessed by a jury at 50 years. Trial was in the 88th District Court of Tyler County on a plea of guilty before a jury on March 24, 1959.
The sole ground upon which petitioner seeks release from further confinement under the 5 to 50 years sentence is 'that counsel was appointed by the court and that He did not sign a waiver of the ten (10) days allowed counsel to prepare for trial (Art. 494 C.C.P., 1925 as amended Acts 1957, p. 322).' His argument is that, because he was tried on the same day that counsel was appointed and sentenced on the following day, he is entitled to relief in view of the recent decisions of this Honorable Court. Ex parte Dowden, Tex.Cr.App., 408 S.W.2d 512; Ex parte Austin, Tex.Cr.App., 410 S.W.2d 439; Ex parte Gudel, Tex.Cr.App., 368 S.W.2d 775; and the provisions of Art. 494, Vernon's Ann.C.C.P. are relied upon.
The facts reflected by the certified copies of the indictment, order appointing attorney for the defendant, docket sheet, judgment
Page 667
of conviction, waiver of time allowed for filing motion for new trial and sentence, the evidence adduced at a hearing at which appellant testified and was represented by counsel, and the findings, conclusions and the certification of the trial judge, fully sustain the trial court's certification: 'It is true and an official fact that defendant's court appointed attorney did not execute and file a waiver as set out in Article No. 494 C.C.P., but under the peculiar facts of this case, how the defendant has been harmed, what injustice was cast upon him, or why the case was not tried fairly and in accordance with defendant's and his attorney's request coupled with no request for additional time by defendant's attorney, is not clear to trial court and is not such omission that should call for relief.'To grant post conviction relief to petitioner because of the violation of a statute which violation did not deprive him of a fair trial or a constitutional right would be to rely upon our previous errors to justify another.
It is true that the denial of an accused's right to counsel or the effective aid of counsel renders a conviction void and subject to post conviction attack in the state courts in habeas corpus proceeding under Art. 11.07,...
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Hathorne v. State, No. 42871
...supra. Even under the present law, the matter presented is not a proper subject for collateral attack. Ex parte Meadows, Tex.Cr.App., 418 S.W.2d 666. In the second part of such motion appellant claims he sought to present he contends that at the time of the formal sentencing in the other pr......
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Ex parte Taylor, No. 49443
...(1893); and Coleman v. State, 35 Tex.Cr.R. 404, 33 S.W. 1083 (1896). Our holding is based in part upon the reasoning in Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967). Prior to that decision, this Court had held that collateral attacks for the failure to comply with Article 494, V.A.C.C......
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Walker v. State, No. 49289
...569 (Tex.Cr.App.1971); Ex parte Chavez, 482 S.W.2d 175 (Tex.cr.App.1972). The Taylor decision was based primarily upon Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967). In Meadows the court was confronted with a collateral attack upon a conviction for failure to comply with Article 494, V......
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Hill v. State, No. 44340
...period will not entitle an accused to relief by habeas coupus or other post conviction or collateral attack. Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967), overruling a number of cases to the In the instant case, appellant filed a motion alleging he was indigent and requested counsel b......
-
Hathorne v. State, No. 42871
...supra. Even under the present law, the matter presented is not a proper subject for collateral attack. Ex parte Meadows, Tex.Cr.App., 418 S.W.2d 666. In the second part of such motion appellant claims he sought to present he contends that at the time of the formal sentencing in the other pr......
-
Ex parte Taylor, No. 49443
...(1893); and Coleman v. State, 35 Tex.Cr.R. 404, 33 S.W. 1083 (1896). Our holding is based in part upon the reasoning in Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967). Prior to that decision, this Court had held that collateral attacks for the failure to comply with Article 494, V.A.C.C......
-
Walker v. State, No. 49289
...569 (Tex.Cr.App.1971); Ex parte Chavez, 482 S.W.2d 175 (Tex.cr.App.1972). The Taylor decision was based primarily upon Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967). In Meadows the court was confronted with a collateral attack upon a conviction for failure to comply with Article 494, V......
-
Hill v. State, No. 44340
...period will not entitle an accused to relief by habeas coupus or other post conviction or collateral attack. Ex parte Meadows, 418 S.W.2d 666 (Tex.Cr.App.1967), overruling a number of cases to the In the instant case, appellant filed a motion alleging he was indigent and requested counsel b......