Ex parte Catrina Renee Guy

Summary

The Texas Court of Criminal Appeals granted Catrina Renee Guy habeas relief after determining that appellate counsel deficiently failed to timely file a petition for discretionary review due to a calendaring error. The court authorized Guy to file an out-of-time petition for discretionary review within thirty days of the court’s mandate.

Holdings

1. When appellate counsel's deficient performance causes the applicant to lose the opportunity to timely seek discretionary review and the applicant is prejudiced, habeas relief may be granted in the form of an out-of-time petition for discretionary review.

Questions Presented

1. Whether ineffective assistance by appellate counsel in failing to timely file a petition for discretionary review entitled Applicant to habeas relief and an out-of-time petition for discretionary review.

Disposition

writ_granted