Hart, Eugene, WR-83,377-01

Background

Applicant Eugene Hart (TDCJ #541604) filed a post-conviction application for writ of habeas corpus under Tex. Code Crim. Proc. art. 11.07 on Oct. 8, 2012, challenging convictions in cause no. 509703-A (two counts of murder) from the 209th District Court, Harris County.
Hart pleaded guilty on Feb. 22, 1990, pursuant to an agreed punishment recommendation; court assessed life imprisonment; plea paperwork and written admonishments were entered into the record.
Hart alleges his plea was involuntary and that trial counsel coerced him (threatened a death sentence) and rendered ineffective assistance; he also alleges a conspiracy among court, prosecutor, and counsel.
The State answered, denied the factual allegations except those on official records, and requested the court resolve ineffective assistance as the designated issue and to order trial counsel W.K. Goode to file an affidavit detailing representation.
The trial court adopted the State’s proposed order, designated the sole issue as ineffective assistance of counsel (and involuntariness of plea), and ordered Goode to file an affidavit within 30 days; the court withheld forwarding the application to the Court of Criminal Appeals pending resolution.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Hart's guilty plea was involuntary due to coercion/threat of death	Hart contends counsel threatened death penalty to force plea, making plea involuntary	State relies on signed written admonishments, plea paperwork, docket entries showing proper admonishment; presumption of voluntariness not overcome	Court found record shows proper admonishments and presumption of voluntariness; Hart failed to carry burden to show involuntary plea
Whether trial counsel provided ineffective assistance	Hart alleges counsel’s threats/coercion and deficient representation	State invokes Strickland standard, denies allegations, requests counsel affidavit to address performance and practices	Court designated ineffective assistance as the issue to resolve and ordered counsel affidavit for factual development
Whether pleadings present sufficient factual allegations to support conspiracy claim	Hart alleges conspiracy among judge, prosecutor, and counsel	State argues allegations are conclusory, no supporting memorandum or facts, therefore insufficient	Court agreed allegations were conclusory and insufficient for habeas relief
Procedural question: whether this is an initial or subsequent writ and proper disposition	Hart appeared to treat filing as subsequent but sought consideration	State and court treated this as applicant's first application; followed art. 11.07 procedure	Court treated application as initial 11.07 and proceeded with designation and request for counsel affidavit

Key Cases Cited

Strickland v. Washington, 466 U.S. 668 (ineffective-assistance two-part standard)
Hill v. Lockhart, 474 U.S. 52 (guilty-plea ineffective assistance standard requires showing plea would not have been entered)
Harrington v. Richter, 131 S. Ct. 770 (deference to counsel’s performance; limitations of hindsight review)
Ex parte Maldonado, 688 S.W.2d 114 (conclusory allegations insufficient for relief)
Ex parte Young, 418 S.W.2d 824 (same)
Ex parte Empey, 757 S.W.2d 771 (same)
Ex parte Adams, 768 S.W.2d 281 (burden of proof by preponderance in habeas)
Hernandez v. State, 726 S.W.2d 53 (adoption of Strickland in Texas)
Narvaiz v. State, 840 S.W.2d 415 (counsel performance standard)
Mitchell v. State, 68 S.W.3d 640 (Strickland application)
Mitschke v. State, 129 S.W.3d 130 (presumption of voluntariness from proper admonishments)
Ex parte McAtee, 599 S.W.2d 335 (prima facie showing of knowing and voluntary plea)
Breazeale v. State, 683 S.W.2d 446 (failure to overcome regularity of trial court documents)
Solis v. State, 792 S.W.2d 95 (no hindsight second-guessing of tactical choices)
Blott v. State, 588 S.W.2d 588 (totality of representation analysis)
Mercado v. State, 615 S.W.2d 225 (reasonable counsel not error-free)
Ex parte Akhtab, 901 S.W.2d 488 (to prevail after guilty plea, show would have insisted on trial)