Boutwell, Chad Michael ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,322-01
EX PARTE CHAD MICHAEL BOUTWELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15-116A IN THE 130TH DISTRICT COURT
FROM MATAGORDA COUNTY
Per curiam. SLAUGHTER, J., filed a concurring and dissenting opinion in which KELLER,
P.J., and RICHARDSON , J., joined. YEARY , J., dissented.
OPINION
Applicant was convicted of continuous sexual abuse of a child and sentenced to ninety-nine
years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Boutwell v. State,
No. 13-16-00135-CR (Tex. App. —Corpus Christi-Edinburg July 6, 2017). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends among others that trial counsel was ineffective because counsel failed
to properly investigate, prepare and present expert testimony. Applicant also claims trial counsel
failed to investigate and present mitigating evidence during the punishment phase of trial. Based on
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the record, the trial court has determined that trial counsel’s performance was deficient and that
Applicant was prejudiced.
Relief is granted. Strickland v. Washington, 466 U.S. 668 (1984). The judgment in cause
number 15-116 in the 130th District Court of Matagorda County is set aside, and Applicant is
remanded to the custody of the Sheriff of Matagorda County to answer the charges as set out in the
indictment. The trial court shall issue any necessary bench warrant within ten days from the date of
this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and the Board of Pardons and Paroles.
Delivered: December 8, 2021
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