Legal Opinion

Aviles, Louis Ivan

Court of Criminal Appeals of Texas

Decided May 25, 2011No. WR-71,017-01Published

1Opinion of the Court

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-71,017-01

EX PARTE LOUIS IVAN AVILES, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 971688-A IN THE 339TH DISTRICT COURT

FROM HARRIS COUNTY

Cochran, J., filed a concurring statement.

I join the Court's Order denying applicant relief. I write separately to explain why I agree that the record does not support the habeas judge's ultimate factual findings and conclusions of law. (1) The record comes to us in a peculiar posture. The habeas judge initially signed the State's proposed findings of fact and conclusions of law and agreed with…

2Cases cited14 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. Bone v. StateCourt of Criminal Appeals of Texas · 2002
  3. Ladd v. StateCourt of Criminal Appeals of Texas · 1999
  4. Poindexter v. StateCourt of Criminal Appeals of Texas · 2005
  5. McFarland v. StateCourt of Criminal Appeals of Texas · 1992

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