Ex parte Gary Griffin

Summary

The Texas Court of Appeals for the Third District, on remand from the Texas Court of Criminal Appeals, considered whether Gary Griffin was entitled to an out-of-time appeal from the denial of his first application for habeas corpus. The court held that a 93-day delay in seeking the out-of-time appeal did not bar relief because there was no statutory deadline and a breakdown in the system had prevented a timely appeal. The court reversed the denial of Griffin’s second habeas application and remanded for further proceedings.

Holdings

1. A ninety-three-day delay in requesting an out-of-time appeal does not disqualify a habeas applicant from relief when there is no statutory deadline for requesting the out-of-time appeal.
2. When a breakdown in the system prevents a habeas applicant from timely filing a proper notice of appeal, due process requires that the applicant be permitted to exercise the statutory right of appeal.
3. Griffin was entitled to an out-of-time appeal from the denial of his first application for writ of habeas corpus.

Questions Presented

1. Whether the ninety-three-day delay in requesting an out-of-time appeal, absent a statutory deadline, disqualified Griffin from obtaining that relief.
2. Whether the breakdown caused by the clerk's failure to provide timely notice required protection of Griffin's right to appeal under due process and Ex parte Riley.
3. Whether the habeas court erred by denying Griffin's second article 11.072 application to the extent it relied on the delay in seeking an out-of-time appeal.

Disposition

reversed_and_remanded