DueProcess HabeasCorpus
Whether Texas Court of Criminal Appeal's is applying Sec.4 {TCCP Art.11.07] as adequate & independent state law ground
QUESTION(S) PRESENTED : WHETHER TEXAS COURT OF CRIMINAL APPEAL'S IS APPLYING SEC.4 {TCCP ART.11.07]-AS ADEQUATE & INDEPENDENT STATE LAW GROUND IN : LIGHT OF THIS COURT HOLDING IN-[Cruz v.Arizona,143 sct.650]Trevino v.Thaler,133 SCt.1911-Magwood v.Patterson,130 SCt.2788; PRECLUDES SUBSEQUENTAL WRIT APPLICATION-BASED ON NEWLY DISCOVERED EVIDENCE INEFFECTIVE ASSISTANCE OF COUNSEL-BARS RE URGEING COUNSES INEFFECTIVENESS IN OTHER CAUSES DISPOSED OF IN A SINGLE’ "PLEA . PACKAGE" INEFECTED THE.INTIRE PROCEEDING ? WOULD IT RESULT IN A "FUNDANENTAL MISCARRIAGE OF JUSTICE" TO BAR REVIEW WARNER"S COLORABLE CLAIM OF ACTUALLY & OR FACTUALLY INNOC -ENCE OF FELONY THEFT ALLEGATION HE WAS NEVER CHARGE FOR COMMITT -ING-BUT IMPROPERLY USE TO RAISE THE MISDEMEANOR ESCAPE TO A FEL . _ONY ? ° \ i 1