Ex Parte Barlow Smith
03-16-00048-CR
| Tex. App. | Oct 12, 2016Background
- Barlow Smith was charged by indictment with three counts of fraudulent delivery of a controlled substance under Tex. Health & Safety Code § 481.129.
- During trial, Smith, who is a licensed attorney, elected to plead guilty to count one and had the remaining counts waived by the State.
- Smith stated on the record that his plea was voluntary, that he understood the consequences and waivers, and that he was pleading guilty because he was guilty.
- One week before sentencing, Smith moved to withdraw his guilty plea alleging ineffective assistance of counsel provided by himself; the court denied the motion.
- The district court sentenced Smith to five years’ imprisonment, suspended imposition, with ten years’ community supervision and a 15-day jail term as a condition.
- Smith filed a post-conviction habeas corpus application arguing ineffective assistance of counsel due to impairment from asthma medication; the trial court denied it.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| May self-representation bar an ineffective-assistance claim? | Smith contends he can claim ineffective assistance for representing himself. | State argues exceptions to waiving ineffective assistance do not apply to self-represented defendants. | Smith cannot raise ineffective-assistance claims when self-represented. |
| Was the outside-record evidence correctly disregarded as harmless error? | Smith offered outside-record evidence to support his ineffective-assistance claim. | State asserts outside evidence is not needed since self-representation forecloses the claim. | Any error in considering outside evidence is harmless. |
Key Cases Cited
- Ex parte Richardson, 70 S.W.3d 865 (Tex. Crim. App. 2002) (burden and deference standards for habeas review)
- Ex parte Amezquita, 223 S.W.3d 363 (Tex. Crim. App. 2006) (deference when historical facts depend on credibility)
- Robinson v. State, 16 S.W.3d 808 (Tex. Crim. App. 2000) (defendant who represents himself cannot complain of ineffective assistance)
- Faretta v. California, 422 U.S. 806 (U.S. 1975) (right to self-representation and waiver of counsel)
- Martin v. State, 630 S.W.2d 952 (Tex. Crim. App. 1982) (self-representation defeats appeal based on counsel quality)
- Williams v. State, 549 S.W.2d 183 (Tex. Crim. App. 1977) (support for self-representation waiver principle)