Gonzalez, Jesus, PD-0119-15

Jesus Gonzalez was convicted of murder in Harris County and sentenced to 50 years of confinement.
Gonzalez’s appellate counsel filed a Motion for New Trial asserting ineffective assistance at punishment and related claims.
The trial court denied the motion, appellate relief was pursued, and an evidentiary hearing was ordered by the trial court based on a prior abatement action.
The First Court of Appeals affirmed Gonzalez’s conviction and declined to abate for a supplemental hearing regarding trial counsel’s file.
Gonzalez filed a petition for discretionary review arguing that trial counsel’s file lawfully belongs to the appellant and should be surrendered, and that a supplemental hearing was warranted.
This Court addresses ownership of the file, waiver of attorney-client privilege, and the Court’s authority to order a supplemental hearing without vacating the conviction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Who owns the trial file?	Gonzalez owns the file; counsel must surrender it.	Counsel controls the file; privileges and attorney control may limit disclosure.	Client ownership affirmed; file belongs to Gonzalez and may be compelled to surrender.
May trial counsel be compelled to surrender the file over privilege claims?	Privilege cannot justify withholding the file when the client seeks it for ineffective-assistance claims.	Attorney-client privilege and concerns about professional discipline can justify withholding the file.	Privilege claims cannot bar production when the client asserts ineffective-assistance claims; the file may be inspected.
Can the court order a supplemental hearing without vacating the conviction to address the file issue?	A supplemental hearing is necessary to determine whether counsel’s file was properly surrendered and to aid the appellate review.	Under existing rules, a court may not vacate a properly tried conviction for issues arising post-verdict; a supplemental hearing is an appropriate remedy.	The court has authority to abate for a supplemental hearing under Rule 43.6, but Appellant’s requested relief to vacate the conviction is denied.

In re McCann, 422 S.W.3d 701 (Tex. Crim. App. 2013) (client owns the trial file; former attorney must honor client’s last wishes)
Burnett v. State, 642 S.W.2d 765 (Tex. Crim. App. 1982) (contents of a client’s file are property of the client; attorney-client privilege belongs to the client)
Cook v. State, 390 S.W.3d 363 (Tex. Crim. App. 2013) (post-verdict post-issues limitations on remedy; impact on reversal/remand for after-verdict errors)
Reyes v. State, 82 S.W.3d 351 (Tex. App.—Houston [1st Dist.] 2001) (abating for supplemental proceedings when appropriate)
Laughner v. United States, 373 F.2d 326 (5th Cir. 1967) (waiver of attorney-client privilege when client asserts attorney’s breach of duty)