Diaz, Arturo Eleazar, WR-55,850-02

Applicant Arturo Eleazar Diaz filed a subsequent application for habeas corpus challenging trial counsel's failure to investigate/present mitigating evidence and adequacy of plea-offer advice; application filed days before his scheduled execution.
The affidavits proffered (from applicant, sister, mother, grandmother, cousin, teacher) recount poverty, parental neglect/abandonment, teenage substance use, self-harm, limited prenatal care and lead exposure, and family hardships.
Applicant claimed counsel did not investigate or present this mitigation and that a plea offer was misunderstood (he says he would have accepted a later 30-year offer).
The Court treated the filing as a subsequent writ subject to the statutory bar (Tex. Code Crim. Proc. art. 11.071, §5(a)) and discussed whether the Wiggins/Strickland standard for ineffective assistance of counsel was met.
The concurring opinion (Alcala, J., joined by Cochran, J.) would dismiss the application but also analyzes the merits: it finds the proffered mitigation weak, inconsistent, and potentially damaging if presented; concludes applicant failed to show a reasonable probability of a different verdict/sentence; and finds the timing undermines credibility.

Issue	Diaz's Argument	State's Argument	Held
Procedural bar for subsequent writs	Trevino/Martinez should allow consideration despite subsequent-writ bar because post-conviction counsel default excused	Application is statutorily barred under Art. 11.071 §5(a); applicant must preliminarily show a substantial claim	Dismissed under bar; concurring judge also finds merits insufficient to overcome bar
Ineffective assistance re: mitigation (Wiggins/Strickland)	Trial counsel failed to investigate/present significant mitigating evidence (poverty, abuse, self-harm, prenatal/lead exposure)	Proffered mitigation is weak, inconsistent, partly damaging, and would not likely change a juror's vote	Held: no reasonable probability of different result; Strickland prejudice not shown
Credibility/timing of new affidavits	Affidavits describe mitigation; Trevino supports review despite timing	Filing within days of execution (9-year delay from conviction to some claims) undermines credibility; late presentation impedes reliability	Held: timing and delay undercut credibility of proffered evidence
Plea-offer advice claim	Counsel misadvised about the plea; would have accepted 30-year plea if known	Counsel did convey a life offer; claimant delayed 9 years in raising complaint; claim lacks credibility	Held: claim lacks credibility and is not compelling enough to show prejudice

Wiggins v. Smith, 539 U.S. 510 (2003) (counsel’s failure to develop and present mitigating evidence can satisfy Strickland prejudice when it could have changed at least one juror’s balance)
Strickland v. Washington, 466 U.S. 668 (1984) (two-prong ineffective-assistance test: deficient performance and prejudice)
Martinez v. Ryan, 566 U.S. 1 (2012) (in limited circumstances, ineffective assistance of post-conviction counsel can excuse procedural default when an ineffective-assistance-of-trial-counsel claim is substantial)
Trevino v. Thaler, 569 U.S. 413 (2013) (applies Martinez principles to certain state habeas regimes and considers excuse for procedural default)