Ex parte Jose Ambrosio Tapia

Summary

The Texas Court of Criminal Appeals granted Jose Ambrosio Tapia relief permitting him to file an out-of-time petition for discretionary review based on appellate counsel’s failure to timely notify him of the court of appeals’ decision. The court’s per curiam opinion relied on the trial court’s findings of deficient performance and denied timely notice. A concurrence addressed the procedural nature of the relief and laches, while a dissent would have denied relief based on the absence of proof that Tapia would have timely pursued review and the doctrine of laches.

Holdings

1. Because the convicting court determined that appellate counsel performed deficiently by failing to timely notify Tapia that his conviction had been affirmed and that Tapia was entitled to relief, Tapia may file an out-of-time petition for discretionary review.
2. The grant of an out-of-time petition for discretionary review restores only Tapia's opportunity to file the petition; it does not guarantee that he will file one or that he will obtain relief on the merits.

Questions Presented

1. Whether Tapia was entitled to habeas relief permitting an out-of-time petition for discretionary review because appellate counsel failed to timely notify him that his conviction had been affirmed.
2. Whether granting an out-of-time petition for discretionary review would merely restore the opportunity to seek review rather than guarantee relief on the merits of any future petition.

Disposition

other