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977 S.W.2d 589

Ex Parte Martinez

Court of Criminal Appeals of Texas

Decided April 29, 1998

Court of Criminal Appeals of Texas · decided 1998-04-29

Cited by 2 later decisions — most recently June 2001

Key passage — most relied on by later courts

“Our records reveal that counsel did not seek reimbursement for any travel or investigatory expenses, nor request any expert assistance in preparing the application. The same records reflect that counsel spent less than 50 hours preparing the application.”

quoted by 1 later decision, including Martinez v. Johnson

Relies on Martinez v. State

Good law ✅— No negative treatment on recordhow we know

Decided 1998-04-29

View the full empirical analysis of this case →

BAIRD, Judge,

¶1 dissenting.

¶2 This is a post-conviction application for writ of habeas corpus filed pursuant to Tex. Code Crim. Proc. Ann. art. 11.071. 1 Applicant is represented by counsel appointed by this Court. The instant application is five and one half pages long and raises four challenges to the conviction. The trial record is never quoted. Only three cases are cited in the entire application, and no cases are cited for the remaining two claims for relief. Those claims comprise only 17 lines with three inches of margin. 2

¶3*590 Under these circumstances, the merits of the application should not be reached. Instead, this matter should be remanded to the habeas court to determine whether applicant has received effective assistance of counsel. Because the majority does not, I dissent.

1

¶4 . The opinion on direct appeal may be found at Martinez v. State, 924 S.W.2d 693 (Tex.Cr.App.1996).

2

¶5 . Our records reveal that counsel did not seek reimbursement for any travel or investigatoiy expenses, nor request any expert assistance in preparing this application. The same records reflect that counsel spent less than 50 hours preparing the application.

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