Ex Parte Maria A. Martinez, 451 S.W.3d 852

Martinez, a native of El Salvador, became a lawful permanent resident in 1992.
In 1997, she pled guilty to possession of a misdemeanor amount of marijuana without an attorney.
Punishment was two days’ confinement, with credit for time served.
In 2014, she faced immigration removal and sought habeas relief challenging the 1997 conviction.
The trial court found the records largely missing, relied on the judgment recitals, and denied relief based on credibility and laches.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the waiver of counsel was valid.	Martinez argues the record is silent and waiver is not proven.	Martinez’s burden to show non-valid waiver was not met; presumption of regularity applies.	No abuse of discretion; recitals support valid waiver.
Whether laches bars relief.	Martinez argues laches should not bar relief given credibility issues.	State argues laches precludes habeas relief.	Court did not reach laches because issue 1 dispositive.

Collier v. State, 959 S.W.2d 621 (Tex. Crim. App. 1997) (waiver must be knowing, intelligent, voluntary)
Iowa v. Tovar, 541 U.S. 77 (2004) (knowledge and understanding of waiver)
Godinez v. Moran, 509 U.S. 389 (1993) (waiver of counsel must be voluntary)
Carnley v. Cochran, 369 U.S. 506 (1962) (silent record cannot prove waiver; need evidence)
State v. Guerrero, 400 S.W.3d 576 (Tex. Crim. App. 2013) (presumption of correctness for judgment recitals; burden to rebut)
Hatten v. State, 71 S.W.3d 332 (Tex. Crim. App. 2002) (admonishments not required when pleading guilty without counsel)
Ex parte Peterson, 117 S.W.3d 804 (Tex. Crim. App. 2003) (trial court credibility findings in habeas)
Okonkwo v. State, 398 S.W.3d 689 (Tex. Crim. App. 2013) (implicit credibility findings acceptable)