Marcus Bartholomew Booker v. Texas
DueProcess HabeasCorpus
Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas corpus proceeding when the State chooses to move trial-ineffectiveness claims outside of the direct appeal process?
QUESTION PRESENTED As this Gourt has suggested, Texas's system for addressing ; claims of ineffective assistance of trial counsel has serious flaws. By deliberately choosing to move claims outside of the direct appeal process, the State consequentially curtails defendants' ability to file su¢h: claims. Where, as here, the inittal-revtew habeas corpus proceeding is the first designated proceeding for a defendant to raise a claim of inef: fective assistance of counsel at trial, the collateral proceeding . is in many ways the equivalent of a defendant's direct appeal as to the claim. A defendant who is indigent cannot access the Clerk's and Reporter's Records in order to substantiate his ineffectiveness claims: Texas's scheme fails to ensure that the bedrock principle of effective assistance of trial . counsel is fulfilled for all criminal defendants. Petitioner requested access to the Clerk's and Reporter's . Records to review and provide proof of ineffective assistance of ; : trial counsel for his post-conviction habeas corpus proceeding. The Court of Criminal Appeals of Texas denied Petitioner's request. , This case therefore presents the following question: Does an indigent defendant have a right to access to a free Clerk's and Reporter's Records in a state post-conviction habeas : corpus proceeding when the State chooses to move claims outside of the direct appeal process? BOOKER V. TEXAS i