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Ex parte Carrio9 S.W.3d 163December 15, 1999 No. 73,180 IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. 73,180 and 73,181 EX PARTE NORMAN EDWARD CARRIO, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS FROM HARRIS COUNTY Price, J., delivered the opinion of the Court in which McCormick, P.J., Mansfield, Keller, Holland , Womack and Keasler, J.J., joined. Johnson, J. concurred in the result. Meyers, J., dissented without written opinion. O P I N I O N Applicant was convicted of the offenses of murder and attempted murder. Punishment was assessed at sixty years and twenty years, respectively, in the Texas Department of Criminal Justice, Institutional Division. Applicants convictions were affirmed on direct appeal. Carrio v. State, Nos. 14-83-334-CR and 14-83-335-CR (Tex. App.--Houston [1st Dist.], delivered July 12, 1984, pets. refd). In the present application, he contends, that his convictions should be set aside as he received ineffective assistance of counsel. Specifically, he has raised numerous contentions regarding counsels alleged failure to investigate, interview witnesses, and prepare for trial. Upon initial submission, the State made a general argument that Applicants application should be denied based on the doctrine of laches. We remanded the cause to the Harris County trial court for resolution of this issue pursuant to Article 11.07 § 3(d) of the Code of Criminal Procedure. Ex Parte Carrio, 992 S.W.2d 486 (Tex. Crim. App. 1999). The trial court has entered findings of fact and conclusions of law, based upon the States response, stating that due to Applicants fourteen year delay in filing the instant application, the States ability to respond has been prejudiced. The trial court recommends relief be denied under the doctrine of laches. Id. This Court has reviewed the record with respect to the allegations made by Applicant. Based upon the trial courts findings and our own review, the relief sought is denied. Price, J. Date delivered: December 15, 1999 Publish This information is made available as a free public service for your personal, non-commercial use. While every effort has been made to provide accurate material at this site, it is provided "as is" and no representations are made that it is free of mistakes or inaccuracies. This file was derived from the text posted on the web site of the Texas Court of Criminal Appeals, by the automatic operation of conversion software, and may contain errors. Baker's Legal Pages are a public service of Freelance Enterprises, Inc.
© 1999 Lang Baker |