No. 18-8641

Willie Houston, III v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division

Lower Court: Fifth Circuit
Docketed: 2019-04-01
Status: Denied
Type: IFP
IFP
Tags: constitutional-rights guilty-plea ineffective-assistance ineffective-assistance-of-counsel objective-record plea-bargaining postconviction-proceedings probation probation-eligibility record-of-trial trial-record unintelligent-waiver waiver-of-rights
Key Terms:
Environmental SocialSecurity Securities Immigration
Latest Conference: 2019-05-30
Question Presented (AI Summary)

Whether the court must give greater weight to the objective record of trial over counsel's affidavit in an ineffective assistance of counsel claim

Question Presented (from Petition)

QUESTION(S) PRESENTED QUESTION ONE IN A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL BASED ON TRIAL COUNSEL'S MISADVICE THAT PETITIONER WAS ELIGIBLE TO RECEIVE PROBATION WHEN HE WAS NOT, AND BASED ON SUCH MISADVICE PETITIONER ENTERED A PLEA OF GUILTY,IF THE OBJECTIVE RECORD OF TRIAL REFUTE THE CLAIMS AND EXPLANATIONS PROVIDED BY COUNSEL IN AN AFFIDAVIT FILED DURING POSTCONVICTION PROCEEDINGS, ARE THE COURT'S REQUIRED TO GIVE GREATER WEIGHT TO INFORMATION CONTAINED IN THE OBJECTIVE RECORD OF TRIAL? QUESTION TWO IF DOCUMENTS FILED DURING THE TRIAL PROCEEDINGS, COMMENTS MADE BY THE PROSECUTOR, AND COMMENTS MADE BY THE TRIAL JUDGE ALL INDICATE THAT PETITIONER WAS ELIGIBLE FOR PROBATION, WHEN IN FACT HE WAS NOT, AND PETITIONER ENTERED A GUILTY PLEA BASED ON THE FALSE SUGGESTIONS THAT HE WAS ELIGIBLE FOR PROBATION, WAS PETITIONER'S GUILTY PLEA BASED ON AN UNINTELLIGENTLY MADE WAIVER OF RIGHTS TO A JURY TRIAL? ii

Docket Entries

2019-06-03
Petition DENIED.
2019-05-15
DISTRIBUTED for Conference of 5/30/2019.
2018-09-12
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due May 1, 2019)

Attorneys

Willie Houston
Willie Houston III — Petitioner
Willie Houston III — Petitioner