Ex parte Dominque Rashad Bell

Summary

The Texas Court of Criminal Appeals granted Dominque Rashad Bell habeas relief after finding that appellate counsel failed to timely file a notice of appeal. The court authorized Bell to file an out-of-time appeal and provided instructions concerning appointment of counsel if necessary.

Holdings

1. When appellate counsel fails to timely file a notice of appeal and the record supports that finding, habeas relief is warranted in the form of an out-of-time appeal.

Questions Presented

1. Whether habeas relief should be granted when appellate counsel failed to timely file a notice of appeal, thereby denying the applicant the right to an appeal.

Disposition

writ_granted