tag:blogger.com,1999:blog-8597101.post7016322802151517927..comments2024-03-25T20:06:39.794-05:00Comments on Grits for Breakfast: By the numbers: The Texas Court of Criminal AppealsGritsforbreakfasthttp://www.blogger.com/profile/10152152869466958902noreply@blogger.comBlogger9125tag:blogger.com,1999:blog-8597101.post-59296559713326774032007-11-05T23:34:00.000-06:002007-11-05T23:34:00.000-06:00A defendant/appellant does not have a right to ass...A defendant/appellant does not have a right to assistance of counsel beyond the direct appeal, so I don't understand how a failure to file a PDR could be ineffective assistance of counsel. Failure to advise a client of the right to file a pro-se PDR might be getting there, but I'm curious to know how failure to file a PDR with nothing else is legally ineffective.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-5186293585416277622007-11-05T20:39:00.000-06:002007-11-05T20:39:00.000-06:00The problem in Waco is that Judge Gray is usually ...The problem in Waco is that Judge Gray is usually correct but is outnumbered by the other two. Any interested parties should search for a thread at TDCAA about that court.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-30838554212911814172007-11-04T21:51:00.000-06:002007-11-04T21:51:00.000-06:009:45: Who said Keller was a Democrat? I said tha...9:45: Who said Keller was a Democrat? <BR/><BR/>I said that Keller, as a Nazi-style Republican, is more likely to review cases from courts full of Democrats.<BR/><BR/>Take a deep breath.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-28740476653031367262007-11-04T18:55:00.000-06:002007-11-04T18:55:00.000-06:00The permission of the trial judge is only required...The permission of the trial judge is only required in appeals from guilty pleas.<BR/><BR/>If a defendant pleads not guilty and is convicted by a jury or in a bench trial, he has an absolute right to appeal.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-57343332339412193852007-11-04T09:45:00.000-06:002007-11-04T09:45:00.000-06:00CCA Courts 1 & 14 in my opinion are the worst cour...CCA Courts 1 & 14 in my opinion are the worst courts in Texas. They evidently don't read any of the cases sent to them if the trial judge does not agree the just deny it. Well, what trial judge is going to agree to give someone an appeal, even though that person requested an appeal, the filing of the appeal was put on the docket for the next court day and the lawyer did not even show up?<BR/><BR/>This lawyer should be disbarred!! The CCA Judges follow whatever the District Judges say and do and there are very few appeals granted.<BR/><BR/>Sharon Keller is a Republican, not a Democrat, no one would want to claim her right now; but she is a Republican!!Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-91483674392952786642007-11-04T07:01:00.000-06:002007-11-04T07:01:00.000-06:00The percentage of State PDRs granted will always b...The percentage of State PDRs granted will always be significantly higher than the percentage of Defense PDRs.<BR/><BR/>This occurs because most convictions are affirmed on direct appeal and a PDR is routinely filed where there is an affirmance. In fact, if a defense attorney does not file a PDR, he can be looking at ineffective assistance claim.<BR/><BR/>OTOH, there are fewer reversals of convictions by the intermediate courts of appeal, and the State does not always ask for discretionary review when it is reversed.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-33218022775417753492007-11-04T02:35:00.000-06:002007-11-04T02:35:00.000-06:00I agree with 3:57--Waco has some sharp internal co...I agree with 3:57--Waco has some sharp internal conflicts. That court also handles appeals from a number of rural counties in addition to McLennan County. The smaller counties that don't deal with the unique issues as often are very likely to get it wrong--the Waco trial courts are certainly no exception--which means that bad facts at trial combined with bad blood in the intermediate appellate court makes cases that are destined for appeal to the CCA. <BR/><BR/>The same thing happens for civil cases out of Beaumont, without the internal conflict--bad facts with highly political appellate judges. The 9th is notorious for its inconsistent holdings (both criminal and civil) that flat-out conflict with the law. In law school we were taught that Beaumont had a weak court. As a clerk for the Supreme Court I was told much more directly that Beaumont and Eastland were never too be cited, unless as an example of what not to do. Waco was not far behind. These courts have no respect by any person who tries to be consistent in their reading or application of the law, and it's the job of the CCA and Supreme Court to make the disparate political views on the various intermediate courts make sense as a whole.<BR/><BR/>You might also consider the political make up of the CCA and the courts that are most often "corrected." With judges like Keller they are more likely to grant review of cases from areas with judges that are primarily Democrats.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-18309232888901154772007-11-03T22:48:00.000-05:002007-11-03T22:48:00.000-05:00What would be interesting would be to know what pe...What would be interesting would be to know what percentage of the PDRs granted were State's PDRs and what percentage were Defense PDRs. I'm pretty sure that someone from TCDLA did the numbers recently. The State has an advantage (other than the Court itself). The State Prosecutor's Office is dedicated (it seems) to cherry-picking appellate decisions ripe for reversal by the CCA. <BR/><BR/>A PDR isn't a right for a defendant/appellant, so I would think that good defense PDRs would be much more rare than good prosecution PDRs.Anonymousnoreply@blogger.comtag:blogger.com,1999:blog-8597101.post-15532287328966072992007-11-03T15:57:00.000-05:002007-11-03T15:57:00.000-05:00On the Waco Court of Appeals, two of the three jud...On the Waco Court of Appeals, two of the three judges have diametrically opposing views on criminal law issues. Due to these differences, dissenting opinions are significantly more common from the Waco Court than the other intermediate courts of appeals.<BR/><BR/>The increased-number of dissents means that it is more likely that a petition for discretionary review is granted since one of the grounds for seeking discretionary review is the issuance of a dissenting opinion.<BR/><BR/>Also, the Waco Court of Appeals is well-known for issuing unusual criminal law opinions. This also increases the likelihood of discretionary review since they are more likely to be in conflict with another intermediate court of appeals.Anonymousnoreply@blogger.com