Jason Clifford Conway v. State
01-14-00659-CR
| Tex. App. | May 4, 2015Background
- Appellant charged with a second‑degree felony assault of a family member by impeding breathing; indictment later modified by the State abandoning impeding-breath language and punishment enhancements in exchange for a guilty plea.
- Appellant pled guilty to assault family member second offender without an agreed recommendation after PSIH; trial court sentenced to 10 years in TDCJ‑ID.
- Before trial, appellate counsel alleges trial counsel provided ineffective assistance (e.g., withheld witness information and gave erroneous PSIH guidance) and coercive admonishments by the court.
- Appellant eventually moved for a new trial based on involuntary plea due to ineffective assistance; an evidentiary hearing was sought but was denied.
- The trial court later denied the motion for new trial after reviewing affidavits and statements, without a live evidentiary hearing, prompting this appeal.
- The notice of appeal was filed July 27, 2014, and arguments on the motion for new trial were filed subsequently; this appeal challenges the denial of the motion and the voluntariness of the plea.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion denying the motion for new trial | Conway argues the motion and affidavits show grounds for an evidentiary hearing | State contends no abuse; record supports denial | Abuse of discretion; reversal and remand contemplated |
| Whether the guilty plea was involuntary due to ineffective assistance of counsel | Conway contends counsel's deficient performance rendered the plea involuntary | State asserts plea was voluntary and counsel acted reasonably | Involuntary plea; need for relief and potential remand |
Key Cases Cited
- Bruno v. State, 916 S.W.2d 4 (Tex. App.—Houston [1st Dist.] 1995) (reliance on evidentiary standards and abuse of discretion principles)
- Colyer v. State, 428 S.W.3d 117 (Tex. Crim. App. 2014) (standard for evaluating new-trial decisions and hearings)
- Ex parte Chandler, 182 S.W.3d 350 (Tex. Crim. App. 1999) (ineffective assistance and voluntariness framework in plea negotiations)
- Ex parte Moody, 991 S.W.2d 856 (Tex. Crim. App. 1999) (defendant's burden in plea-related ineffective assistance claims)
- Ex parte Reedy, 282 S.W.3d 492 (Tex. Crim. App. 2009) (standard for evaluating counsel performance in guilty-plea contexts)
- Wallace v. State, 106 S.W.3d 103 (Tex. Crim. App. 2003) (necessity of record development for meaningful appellate review of new-trial claims)