Hoodye, Marlon Lamon, WR-55,332-03

Applicant Marlon Lamon Hoodye was convicted in Hays County of assault of a public servant and burglary of a habitation and received concurrent ten-year sentences.
Hoodye filed habeas applications under Tex. Code Crim. Proc. art. 11.07 alleging ineffective assistance of trial counsel.
Two principal claims: counsel failed to timely file a notice of appeal; counsel failed to challenge the judgments’ cumulation orders.
The trial-court clerk transmitted the applications to the Court of Criminal Appeals for disposition.
The Court found Hoodye’s allegations, if true, could entitle him to relief under Strickland and related Texas precedent and therefore required further factfinding.
The Court remanded for the trial court to obtain counsel’s response, determine indigence and waiver issues, hold a hearing if needed, and make findings of fact and conclusions of law within specified time limits.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Ineffective assistance for failure to timely file notice of appeal	Hoodye says counsel did not timely file a notice of appeal, denying meaningful appellate review	State (through record) may assert waiver or that notice was timely or that no prejudice occurred	Remanded for trial court factfinding on whether counsel failed to timely file and whether that denied a meaningful appeal; hearing/appointment of counsel if indigent ordered
Challenge to cumulation orders	Hoodye contends counsel should have objected to cumulation of sentences	State may contend Hoodye waived challenge or objections lacked merit	Trial court to determine whether Hoodye waived right to appeal the cumulation orders and make findings and conclusions

Strickland v. Washington, 466 U.S. 668 (1984) (standard for ineffective assistance of counsel)
Ex parte Patterson, 993 S.W.2d 114 (Tex. Crim. App. 1999) (application of Strickland in Texas habeas context)
Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988) (counsel-deficient-performance principles)
Ex parte Townsend, 137 S.W.3d 79 (Tex. Crim. App. 2004) (habeas procedure and ineffective-assistance framework)
Ex parte Barley, 842 S.W.2d 694 (Tex. Crim. App. 1992) (relief when appellate rights were lost through counsel error)
Ex parte Young, 418 S.W.2d 824 (Tex. Crim. App. 1967) (procedural rule for transmitting habeas applications)
Ex parte Rodriguez, 334 S.W.2d 294 (Tex. Crim. App. 1960) (trial court as proper forum for fact findings)