Hatten, Larry
WR-51,110-02
| Tex. App. | Mar 4, 2015Background
- Applicant Larry Hatten is subject of an Art. 11.071 state habeas application filed originally in 1997; the Texas Court of Criminal Appeals (CCA) ordered the 347th District Court of Nueces County to resolve the claims and stayed Hatten's execution on October 13, 2014.
- The district court set an evidentiary hearing for March 6, 2015; Hatten filed an unopposed motion to continue that hearing and to extend the 11.071 compliance period by 180 days.
- Defense counsel report inability to obtain a needed psychiatric expert: Dr. Victor Scarano (most familiar with Hatten) declined further participation after the district court denied his fee request; other qualified psychiatrists unwilling to work for the court’s available fee (under $15,000).
- Counsel cannot locate trial juror Reginald Hollins, a potential witness on the claim that Hatten was shackled during the guilt–innocence phase; counsel lacks funds for an investigator to find Hollins.
- Counsel experienced computer failures and loss/recovery of data and materials relevant to the evidentiary hearing, hampering preparation.
- Counsel raise potential appointment/payment issues under Art. 11.071 (state habeas counsel list and OCA/Court eligibility) and propose seeking federal authorization to continue representation and obtain funding under 18 U.S.C. § 3599(e)–(f); the Nueces County ADA and the district judge stated they are unopposed to the continuance and the proposed federal authorization/funding route.
Issues
| Issue | Hatten's Argument | State/Respondent's Argument | Held |
|---|---|---|---|
| Request for 180‑day continuance of evidentiary hearing | Need time to secure psychiatric expert, locate juror witness, recover lost materials, and obtain federal authorization/funding to continue as habeas counsel | ADA Norman is unopposed to the continuance | Motion requests 180‑day continuance; prosecutor and district judge stated they are unopposed; no district‑court ruling included in the motion record provided |
| Expert funding / appointment eligibility | Counsel may not be eligible/paid under Art. 11.071; seeks federal authorization under 18 U.S.C. § 3599(e) and expert funding under § 3599(f) to finance psychiatrist and investigator | County counsel did not oppose seeking federal authorization/funding | Counsel proposes to seek federal authorization/funding; motion asks for time to obtain it; no final decision in the motion document |
| Need for psychiatric expert testimony | Psychiatrist with requisite knowledge (Dr. Scarano) declined further involvement after fee denial; other experts unavailable at offered rates | District court previously denied requested fee for Dr. Scarano (per counsel) | Motion asserts inability to obtain expert at available fee and requests time to secure funding or alternate expert; no court adjudication in record provided |
| Missing witness (juror Reginald Hollins) | Hollins is material to shackling claim and ineffective‑assistance issue; cannot be located and counsel lacks investigator funds | No opposition to continuance; no search resources committed by state | Motion seeks time to locate Hollins or obtain investigator funding; no court ruling in the motion record provided |
Key Cases Cited
- None cited (motion does not cite any officially reported cases).