Summary
This document is a collection of materials concerning Troy Lee Perkins’s applications for writs of habeas corpus in Dallas County, Texas. It includes the State’s response, an affidavit from appointed defense counsel, an order designating issues, and trial-court findings of fact and conclusions of law addressing claims involving mental-health accommodations, ineffective assistance of counsel, prison conditions, and speedy trial rights.
Holdings
- Perkins failed to prove that he was entitled to have his case transferred to a mental-illness court. The cited statute authorized a county to provide such a court but did not require transfer of every case involving an allegedly mentally ill defendant.
- Perkins failed to establish ineffective assistance of counsel.
- Perkins's claims concerning psychiatric care, prison conditions, alleged mistreatment, and unspecified procedural violations did not present cognizable post-conviction habeas claims on the record presented.
- A speedy-trial claim was not cognizable in this post-conviction habeas proceeding.
Questions Presented
- Whether Perkins was entitled to habeas relief because his case was not transferred to a mental-illness court under Texas Health and Safety Code section 616.002.
- Whether trial counsel rendered ineffective assistance in advising Perkins regarding the charged offenses, plea options, and plea agreement.
- Whether Perkins's claims concerning unspecified court procedures, psychiatric care, prison conditions, and alleged mistreatment were cognizable in a post-conviction habeas proceeding.
- Whether Perkins could raise a speedy-trial claim in a post-conviction habeas application.
Disposition
writ_denied
Cases Cited (15)
- Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967)(followed)
- Ex parte McCain, 67 S.W.3d 204 (Tex. Crim. App. 2002)(cited)
- Ex parte McPherson, 32 S.W.3d 860 (Tex. Crim. App. 2000)(cited)
- Meachum v. Fano, 427 U.S. 215 (1976)(cited)
- Ex parte Rieck, 144 S.W.3d 510 (Tex. Crim. App. 2004)(followed)
- Ex parte Maldonado, 688 S.W.2d 114 (Tex. Crim. App. 1985)(followed)
- Ex parte Adams, 768 S.W.2d 281 (Tex. Crim. App. 1989)(followed)
- Strickland v. Washington, 466 U.S. 668 (1984)(followed)
- Hernandez v. State, 726 S.W.2d 53 (Tex. Crim. App. 1986)(followed)
- Thompson v. State, 9 S.W.3d 808 (Tex. Crim. App. 1999)(followed)
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Court Document
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