No. 23-82

Joshua Isaiah Joyner v. Texas

Lower Court: Texas
Docketed: 2023-07-27
Status: Denied
Type: Paid
Response Waived
Tags: constitutional-violations criminal-procedure habeas-corpus ineffective-assistance ineffective-assistance-of-counsel juvenile-justice procedural-due-process prosecutorial-misconduct self-defense
Key Terms:
DueProcess HabeasCorpus
Latest Conference: 2023-09-26
Question Presented (AI Summary)

Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to resolve the disputed facts?

Question Presented (OCR Extract)

QUESTION PRESENTED Petitioner, aged 15, and Albert Nelson, a marijuana dealer, shot each other during a marijuana transaction, and Nelson died. Petitioner was charged with capital murder and certified for trial as an adult. The State relied on the testimony of two juveniles who accompanied petitioner—neither of whom were charged—that petitioner shot Nelson during a robbery. Defense counsel presented no cogent theory of defense. Petitioner was convicted and sentenced to life imprisonment. Petitioner filed a habeas corpus application alleging that his trial counsel was ineffective, inter alia, by failing to raise self-defense and defense of a third person; that the State failed to disclose favorable impeachment evidence and presented false testimony; and, that the cumulative prejudice arising from these constitutional violations denied petitioner a fair trial. The trial court conducted an evidentiary hearing and made findings of fact that summarized the testimony but failed to resolve any disputed issues and did not conduct a meaningful analysis. The Texas Court of Criminal Appeals (TCCA) refused petitioner’s request to remand the case to the trial court to resolve the disputed facts and denied relief without written order. The question presented is: Did the TCCA deny petitioner procedural due process by summarily rejecting his substantial constitutional claims without requiring the trial court to resolve the disputed facts? li RELATED CASES e §=State v. Joyner, No. 2016-CR-3747, 386th District Court of Bexar County, Texas. Judgment entered October 30, 2016. e Joyner v. State, No. 04-16-00677-CR, Fourth Court of Appeals of Texas. Judgment entered September 20, 2017. e Ex parte Joyner, No. 2016-CR-3747-W1, 436th District Court of Bexar County, Texas. Judgment entered February 15, 2023. e ~=6Ex parte Joyner, No. WR-93,359-01, Texas Court of Criminal Appeals. Judgment entered March 29, 2023. Reconsideration denied May 3, 2023.

Docket Entries

2023-10-02
Petition DENIED.
2023-08-30
DISTRIBUTED for Conference of 9/26/2023.
2023-08-28
Waiver of right of respondent Texas to respond filed.
2023-07-25

Attorneys

Joshua Joyner
Randolph L. Schaffer Jr.Schaffer Law Offices, Petitioner
Randolph L. Schaffer Jr.Schaffer Law Offices, Petitioner
The State of Texas
Matthew Bryant HowardThe Bexar County District Attorneys Office, Respondent
Matthew Bryant HowardThe Bexar County District Attorneys Office, Respondent