Rene Francisco Aguilera v. State
13-14-00441-CR
Tex. App.May 15, 2015Background
- Appellant Rene Francisco Aguilera appeals a habeas corpus proceeding in the Thirteenth Court of Appeals seeking relief from a guilty judgment.
- The underlying record includes Aguilera’s recantation and Ms. Lorena Martinez’s acceptance of responsibility as alleged new evidence.
- The trial court denied the writ and issued credibility-based findings supporting continued conviction.
- Appellant contends the credibility determinations were not properly supported and that new evidence requires relief.
- Relief requested: vacate the judgment or remand for further habeas proceedings due to ineffective assistance of counsel and actual innocence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court abused its discretion | Aguilera argues factual findings lack record support | State asserts deference to trial credibility findings is proper | Not de novo: appellate review of record-supported credibility needed |
| Whether recantation constitutes new evidence | Recantation and Martinez’s acknowledgment create new evidence | No new evidence without credible corroboration | Recantation is new evidence for innocence review |
| Whether Schlup claims apply given procedural posture | Schlup may be used where actual innocence is shown, not procedurally barred | Schlup must follow Herrera/Elizondo sequencing | Schlup can apply; bar is direct-appeal, not habeas |
| Whether credibility of Miller forecloses Sixth Amendment analysis | Totality of representation shows ineffective counsel regardless of Miller’s credibility | Credibility should defer to court’s assessment | Credibility not dispositive; totality of counsel evaluated |
| Whether counsel of record was required to advise on consequences of plea | Ms. Miller had duty to personally confirm admonitions | No personal duty if another attorney advised | Duty cannot be delegated; affirmative fault shown |
Key Cases Cited
- Ex parte Reed, 271 S.W.3d 698 (Tex. Crim. App. 2008) (review of factual support for the record)
- Ex parte Navarijo, 433 S.W.3d 558 (Tex. Crim. App. 2014) (fact-findings must be supported by the record)
- Guzman v. State, 955 S.W.2d 85 (Tex. Crim. App. 1997) (deference to credibility determinations when record supports)
- Ex parte Garcia, 353 S.W.3d 785 (Tex. Crim. App. 2011) (standard for review under Art. 11.07/11.072)
- Schlup v. Delo, 513 U.S. 298 (U.S. Supreme Court 1995) (new evidence of innocence available after trial)