Roberts, Reed Lewis
WR-84,648-03
| Tex. Crim. App. | Oct 5, 2016Background
- Applicant Reed Lewis Roberts was convicted of three counts of aggravated sexual assault and sentenced to 80 years, 10 years, and 80 years; the 10-year term was ordered consecutive to the two 80-year terms.
- Roberts filed three habeas applications alleging his guilty plea was involuntary and trial counsel rendered ineffective assistance in multiple respects.
- Specific allegations: counsel failed to investigate Roberts’ mental-health issues, failed to request a competency evaluation, failed to move to suppress an allegedly coerced confession, and failed to timely convey a 40-year plea offer.
- Roberts also asserts a clerical error in the judgment of Cause No. 4954 (plea/conviction offense discrepancy: indecency with a child vs. aggravated sexual assault).
- The Court concluded Roberts alleged facts that, if true, might entitle him to relief under Strickland and related Texas precedents and remanded factfinding to the trial court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Voluntariness of plea | Roberts: plea was involuntary due to mental-health issues and coercion | State: plea presumed voluntary absent supporting facts | Court: Remand for trial-court findings on voluntariness |
| Counsel failed to investigate mental illness / request competency eval | Roberts: counsel did not pursue mental-health evidence or competency testing | State: counsel acted adequately (implied) | Court: Remand for findings whether counsel’s investigation and competency actions were deficient |
| Failure to move to suppress confession | Roberts: confession was coerced; counsel failed to file suppression motion | State: suppression not raised or contested at appellate level (implied) | Court: Remand for findings whether counsel was deficient and prejudice resulted |
| Failure to convey plea offer / prejudice under Frye | Roberts: counsel did not timely convey a 40-year offer, depriving him of plea decision | State: disputes existence/timeliness/prejudice of offer (implied) | Court: Remand to determine whether a 40-year offer existed and whether Roberts was prejudiced under Missouri v. Frye |
| Clerical error in judgment (Cause No. 4954) | Roberts: judgment reflects aggravated sexual assault though plea was to indecency with a child | State: (not addressed) | Court: Remand for trial court to determine if clerical error exists |
| Laches / delay prejudice | Roberts: brought claims in habeas; delay not argued | State: may assert prejudice from delay | Court: Trial court to determine whether State would be prejudiced by Roberts’ delay |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (ineffective-assistance standard)
- Ex parte Patterson, 993 S.W.2d 114 (Tex. Crim. App. 1999) (ineffective-assistance precedent)
- Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988) (post-conviction relief standards)
- Ex parte Rodriguez, 334 S.W.2d 294 (Tex. Crim. App. 1960) (trial court as factfinder on habeas)
- Missouri v. Frye, 132 S. Ct. 1399 (plea-offer notification and prejudice standard)