Graves, Harold L Jr ( 2023 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,870-01
EX PARTE HAROLD L. GRAVES, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. C-297-W012075-1338568-A IN THE 297TH DISTRICT COURT
FROM TARRANT COUNTY
Per curiam. YEARY and SLAUGHTER, JJ., dissented.
OPINION
Applicant was convicted of murder and sentenced to 37 years’ imprisonment. The Sixth
Court of Appeals affirmed his conviction. Graves v. State, 452 S.W.3d 907 (Tex. App.–Texarkana
2014). 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 that trial counsel was ineffective because counsel failed to investigate
and interview witnesses before trial and failed to consult with an expert in preparing for trial.
Additionally, Applicant contends that counsel did not properly object to or effectively question a
2
witness or request a limiting instruction when that witness raised extraneous offenses.1 Based on
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 1338568R in the 297th District Court of Tarrant County is set aside, and Applicant is
remanded to the custody of the Sheriff of Tarrant 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: JUNE 28, 2023
Do not publish
1
Applicant also contends that trial counsel failed to raise evidence of sudden passion and
request a sudden passion instruction at the punishment phase. Because we are granting a new
trial, this contention is moot.