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Moussazadeh, Ex Parte Max ( 2010 )


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  •   IN THE COURT OF CRIMINAL APPEALS

    OF TEXAS



      NO. AP-76,439




    EX PARTE MAX MOUSSAZADEH, Applicant




    ON APPLICATION FOR A WRIT OF HABEAS CORPUS

    CAUSE NO. 9407021 IN THE 232ND DISTRICT COURT

    FROM HARRIS COUNTY




               Per curiam.



    O R D E R


                Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to seventy-five years’ imprisonment.

                Applicant contends that trial counsel’s misadvice regarding parole eligibility rendered his plea involuntary. We order that this application be filed and set for submission to determine whether: (1) Padilla v. Kentucky, 559 U.S. ___, 130 S. Ct. 1473, 176 L. Ed. 2d 284 (2010) is a new legal basis for purposes of Article 11.07, § 4(a)(1) of the Code of Criminal Procedure; (2) Padilla is an application of the established rule in Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 2d 674 (1984); (3) Padilla announced a new rule that is retroactive on collateral review, see Teague v. Lane, 489 U.S. 288, 109 S. Ct. 1060, 103 L. Ed. 2d 334 (1989); and (4) this Court’s reasoning in Ex parte Evans, 690 S.W.2d 274 (Tex. Crim. App. 1985) and Ex parte Moussazadeh, 64 S.W.3d 404 (Tex. Crim. App. 2001) should be reconsidered in light of Padilla. The parties shall brief these issues. Oral argument is permitted.

                It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art. 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this order.

    Filed: November 3, 2010

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