Reed, Aaron Meachell
WR-77,853-02
| Tex. App. | Dec 28, 2015Background
- Aaron Meachell Reed was convicted of aggravated robbery in Dallas County and sentenced to life; the Fifth Court of Appeals affirmed on October 12, 2001.
- Reed filed a state habeas application raising: ineffective assistance of trial counsel (failure to secure jury sentencing, erroneous advice on probation and plea, lack of specific objections), an ineffective-assistance-of-appellate-counsel claim (failure to notify him of the appellate disposition so he could file a PDR), and a juror-bias claim regarding juror Medders.
- The trial court ordered affidavits from trial counsel Kenneth Onyenah and appellate counsel Renie McClellan; Onyenah stated Reed waived jury sentencing after verdict and that Reed was not eligible for probation; McClellan said she could not specifically recall notifying Reed but had procedures for client notice.
- The state habeas trial court (291st District) recommended denial of juror and evidentiary claims, credited Onyenah’s affidavit, and—out of caution—recommended that Reed be allowed to file an out-of-time petition for discretionary review (PDR) because McClellan could not confirm notice and the State had not pleaded laches.
- The Court of Criminal Appeals (per curiam order) reviewed the application and denied relief: it rejected the out-of-time PDR request on the ground of Reed’s long delay in raising the claim and applied ex parte Crow reasoning that Reed failed to show he would have timely filed a PDR absent counsel’s conduct; all other grounds were denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jury sentencing (whether Reed elected jury sentencing and whether waiver occurred) | Reed says he elected jury sentencing (Omnibus Pretrial Motion) and was nonetheless sentenced by judge | Trial counsel Onyenah avers Reed changed his mind after verdict; voir dire and trial jacket support judge sentencing | Court credited Onyenah and Brezeale presumption; denied relief on jury-sentencing claim |
| Trial counsel advice on probation and plea | Reed says counsel told him he was eligible for probation and urged him to refuse State's 2-year plea | Onyenah avers he told Reed he was ineligible for probation and Reed rejected the 2-year offer against counsel's advice; record shows admonishments consistent with ineligibility | Court credited Onyenah; denied relief on probation/plea-advice claim |
| Specificity of objections at trial (failure to object properly) | Reed contends counsel failed to make specific evidentiary objections, forfeiting meritorious issues | Onyenah did voice hearsay objection to an exhibit; Reed offered no other concrete examples | Court found allegations conclusory and denied relief |
| Appellate counsel's failure to notify leading to lost PDR | Reed argues McClellan failed to inform him that appeal was affirmed, depriving him of ability to timely file PDR | McClellan lacks independent recollection but says she had notice procedures; delay in raising claim (≈11 years) undermines causation | Trial court recommended out-of-time PDR; Court of Criminal Appeals denied relief under ex parte Crow reasoning because Reed did not show he would have filed a PDR timely absent counsel's conduct |
Key Cases Cited
- Staley v. State, 877 S.W.2d 885 (Tex. Crim. App. 1994) (purpose of voir dire is to assemble an impartial jury)
- Brezeale v. State, 683 S.W.2d 446 (Tex. Crim. App.) (written recitation of jury waiver is presumed correct absent affirmative showing)
- Ex parte Fierro, 934 S.W.2d 370 (Tex. Crim. App. 1996) (structural constitutional errors require automatic habeas relief)
- Douglas v. California, 372 U.S. 353 (U.S. 1963) (right to counsel on first appeal as of right)
- Maples v. Thomas, 565 U.S. 266 (U.S. 2012) (attorney abandonment can excuse procedural default for PDR filing)