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Autry, Bobby Drew
WR-81,972-06
| Tex. App. | Jun 5, 2015
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Background

  • Applicant Bobby Drew Autry pled guilty April 13, 2004 to indecency with a child by contact, was sentenced to five years, and released January 18, 2008; he later filed habeas relief beginning July 17, 2014.
  • Applicant alleges the official Reporter's Record of the plea hearing is altered or fabricated, and that the original non‑transcribed notes or recordings are missing or destroyed; he points to name discrepancies and an off‑the‑record gap in the transcript.
  • Applicant contends the prosecutor (A.D.A. Erin Hodge), defense counsel (Gary D. Unell), and the trial judge knew before the plea that the complainants had recanted and that the State had no evidence other than a judicial confession.
  • Applicant claims his plea was involuntary because he was on psychotropic medication, did not understand jury‑trial rights, feared court officers, and counsel failed to investigate, object, or move to suppress the judicial confession.
  • Applicant requests (a) production of the original court‑reporter notes and exculpatory evidence (complainants’ recantations), (b) appointment of counsel and an evidentiary hearing with depositions of A.D.A. Erin Hodge and defense counsel, and (c) relief on ineffective assistance and actual‑innocence grounds.

Issues

Issue Applicant's Argument State's Argument Held
Missing/altered reporter's record Record is doctored; original non‑transcribed notes were not produced and must be ordered State maintains record on file (contends produced); denies fabrication Document is an applicant filing seeking mandamus/habeas relief; disposition not decided in this filing (relief requested)
Brady/exculpatory evidence (recantations) Prosecutor possessed complainants’ recantations that were favorable and material; failure to disclose violated due process State denies or disputes the existence/production of such exculpatory evidence in its supplemental response Applicant seeks production and an evidentiary hearing; court ruling not contained in this filing
Ineffective assistance of counsel Counsel knew of recantations and judicial confession but failed to object, move to suppress, investigate mental health, or advise properly — prejudice and structural error (Cronic) State argues record supports plea and counsel performance; preservation issues may apply Applicant urges habeas relief under Strickland/Cronic/Harrington; outcome not decided here
Involuntary plea / actual innocence Plea involuntary due to medication, fear, lack of understanding of jury rights, and absent knowledge of recantations; actual innocence shown by recantations State relies on the existing judicial confession and official record supporting conviction Applicant requests live hearing and appointment of counsel; no final ruling in this submission

Key Cases Cited

  • Ex parte Perales, 215 S.W.3d 418 (Tex. Crim. App. 2007) (no‑evidence habeas standard where record is "devoid" of evidentiary support)
  • Ex parte Tuley, 109 S.W.3d 388 (Tex. Crim. App. 2002) (actual‑innocence claims applicable to guilty pleas)
  • Ex parte Harmon, 116 S.W.3d 778 (Tex. Crim. App. 2002) (relief based on complainant recantation and credibility findings)
  • Ex parte Zapata, 235 S.W.3d 794 (Tex. Crim. App. 2007) (involuntary plea relief where defendant was unaware of complainant recantation at plea)
  • Ex parte Harrington, 310 S.W.3d 452 (Tex. Crim. App. 2010) (ineffective‑assistance exceptions to preservation requirements)
  • Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two‑part ineffective assistance standard)
  • United States v. Cronic, 466 U.S. 648 (U.S. 1984) (circumstances where prejudice is presumed and structural error analysis applies)
  • McMann v. Richardson, 397 U.S. 759 (U.S. 1970) (right to effective assistance at critical stages)
  • Brady v. Maryland, 373 U.S. 83 (U.S. 1963) (prosecutor's duty to disclose favorable evidence)
  • Napue v. Illinois, 360 U.S. 264 (U.S. 1959) (due process violation from false testimony and its use)
  • Kyles v. Whitley, 514 U.S. 419 (U.S. 1995) (materiality standard for undisclosed favorable evidence)
  • Oklahoma v. Ake, 470 U.S. 68 (U.S. 1985) (due process right to access psychiatric assistance when necessary)
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Case Details

Case Name: Autry, Bobby Drew
Court Name: Court of Appeals of Texas
Date Published: Jun 5, 2015
Docket Number: WR-81,972-06
Court Abbreviation: Tex. App.