Texas Criminal Appeals Blog

In the famous Greek myth, Princess Ariadne helps Theseus negotiate the Minotaur’s maze by giving him a ball of thread so he could backtrack if he got lost.

The phrase “Ariadne’s Thread” refers to to the problem-solving technique of keeping a meticulous record of each step taken, so that you can always backtrack and try alternatives if your first efforts fail to yield results.

It’s a useful metaphor for understanding the tedious task of challenging DNA evidence. You have to backtrack, note dead ends, attempt iterations that may not yield results, then try again.

It’s hard to get an accurate grasp of Street Time Credit rules for parolees in Texas. The rules require some math, a proper understanding of the client’s criminal history, and, most annoyingly, an accurate assessment of how the client’s prior convictions are currently categorized in the Texas Code of Criminal Procedure.

Let’s unpack the rules. As always, this ain’t free legal advice, just a general overview. Please consult your lawyer to get professional advice on how the rules apply to your situation.

What is Street Time Credit and why does it matter?

In Texas, prosecutorial misconduct is usually framed as either a “Brady” violation or “false evidence” claim.

Either one of these types of claims can theoretically be raised on direct appeal, but in order for the merits of the claims to be considered by the appellate court the trial attorney would have to (1) learn of the misconduct, (2) object to it, and (3) make a record of it by means of a bill of exception or witness voir dire.

As a practical matter, if the record is not made of the alleged misconduct, you can’t raise it on direct appeal, even if you learn of the misconduct immediately after the time to file a motion for new trial expires. This is why defendants raise prosecutorial misconduct more often through an 11.07 writ of habeas corpus.

At this point everyone knows that TDCJ has cancelled all visitations, including attorney visits. On the plus side, attorney phone calls are easier to schedule. Although technically lawyers still need to provide on their I-62 request forms a legal basis for their phone call and specify a court proceeding or deadline that will occur within 30 days of the call, TDCJ appears willing to approve calls generally in lieu of a physical visit, even if no deadline is approaching.

I’ve been able to schedule multiple client calls with “In lieu of client visit” as the legal basis for the call.

ANECDOTAL UPDATES FROM CLIENTS AND THEIR FAMILIES:

One of the most common grounds raised in Texas 11.07 writ of habeas corpus applications is the involuntary plea. Here’s the basics of how such grounds work and what you or your loved one will have to prove.

First, you must overcome the presumption that the plea was voluntary.

In my prior post I walked through the formalities of the plea process. These formalities include your written and oral statement (if the plea was recorded) that you understand the charges, that you’ve been fully and adequately advised by your attorney, and that your plea is knowing and voluntary. This paperwork creates a presumption of voluntariness that you must overcome in your writ application with affirmative evidence. A sworn statement by the applicant that his attorney misled him or misadvised him will never be enough evidence to overturn a guilty plea.