Harris, Roderick, 2016 Tex. Crim. App. LEXIS 86

Background

Relator Roderick Harris was convicted of capital murder and sentenced to death; conviction and sentence were affirmed on direct appeal.
Harris’s trial counsel delivered the client’s trial file to habeas counsel (OCFW); trial counsel did not keep a copy.
Harris filed a state habeas under Art. 11.071 asserting multiple ineffective-assistance-of-counsel claims; the trial judge designated those issues for an evidentiary hearing and set a hearing date.
The State moved for disclosure of portions of the defense trial file to defend against the ineffective-assistance claims; the trial judge ordered OCFW to disclose portions of the file relevant to those claims and to provide a privilege log for withheld items; OCFW refused and sought prohibition relief.
This Court denied leave to file the writ of prohibition, concluding Harris had not shown the trial court’s order was purely ministerial and that the requested relief was "positively commanded" by law; the stays were lifted.

Issues

Issue	Plaintiff's Argument (Harris)	Defendant's Argument (State/Judge)	Held
Whether ordering habeas counsel to disclose portions of trial counsel’s file to the State is a ministerial act warranting prohibition	Waiver of privilege from asserting ineffective-assistance does not give the State a discovery tool to access the trial file via habeas counsel; trial counsel should control production	Trial court has discretion in managing discovery in capital habeas and may order disclosure of materials relevant to ineffective-assistance claims	Denied: Harris failed to show the order was "positively commanded" and free from doubt; not entitled to prohibition relief
Scope of waiver when defendant asserts ineffective-assistance	Waiver occurred but does not automatically entitle State to full access to trial files through habeas counsel; production decisions rest with trial counsel	Defendant’s assertion of ineffective-assistance waives privilege as to materials relevant to those claims; State needs access to defend itself	Held that waiver applies to materials relevant/responsive to the ineffective-assistance claims; trial court may manage disclosure
Whether trial judge exceeded authority by requiring creation of a privilege log and specifying production method	Argued trial judge lacked authority to compel habeas counsel to create/produce documents beyond statutory discovery powers	Trial judge exercised case-management discretion to require relevant production and a privilege log to identify withheld items	Court noted precedent forbids ordering creation of non-existent documents but found Harris did not adequately challenge the privilege-log requirement here; no prohibition relief granted
Availability of mandamus/prohibition in capital cases	Harris: extraordinary relief appropriate because order intrudes on privilege and defense strategy; no adequate remedy at law	State: habeas proceeding requires trial-file access to respond to claims; stay of evidentiary hearing needed until files produced	Court: extraordinary relief available but not warranted here; leave denied because law not sufficiently "positively commanded" in relator's favor

Key Cases Cited

In re McCann, 422 S.W.3d 701 (Tex. Crim. App. 2013) (standards for mandamus/prohibition and ministerial-duty framework)
In re Medina, 475 S.W.3d 291 (Tex. Crim. App. 2015) (requiring law to be "positively commanded" for extraordinary relief; discussion of waiver and first-impression limits)
In re Allen, 462 S.W.3d 47 (Tex. Crim. App. 2015) (mandamus not appropriate to create new law or decide unsettled statutory questions)
State v. Thomas (In re State), 428 S.W.3d 99 (Tex. Crim. App. 2014) (attorney-client privilege waived by ineffective-assistance claims)
State ex rel. Wade v. Mays, 689 S.W.2d 893 (Tex. Crim. App. 1985) (definitions and limits of ministerial acts)
Occidental Chem. Corp. v. Banales, 907 S.W.2d 488 (Tex. 1995) (work-product waiver under offensive-use doctrine) }