Self, Stanley Dale
PD-1117-15
Tex.Oct 23, 2015Background
- Appellant Stanley Dale Self was convicted by jury of aggravated sexual assault of a child and sentenced to 99 years' imprisonment.
- Years after conviction, Self filed a motion in the trial court seeking appointment of counsel to prepare a postconviction application for writ of habeas corpus, alleging ineffective assistance of trial counsel (counsel conceded guilt without client consent).
- The 367th District Court denied Self's motion for appointment of habeas counsel.
- Self appealed the trial court's denial to the Second Court of Appeals, contending the appellate court should address his request under Martinez v. Ryan and Trevino v. Thaler.
- The Court of Appeals concluded it lacked jurisdiction over postconviction habeas matters (including requests for appointment of counsel) under Tex. Code Crim. Proc. art. 11.07 and dismissed the appeals for want of jurisdiction.
Issues
| Issue | Plaintiff's Argument (Self) | Defendant's Argument (State / Court) | Held |
|---|---|---|---|
| Whether the court of appeals has jurisdiction to review a trial court's denial of a motion to appoint counsel to prepare a postconviction art. 11.07 habeas application | Self: appellate review is proper (or remand), citing Martinez/Trevino—he seeks counsel to litigate an ineffective-assistance claim because trial counsel conceded guilt without permission | State/Court: appeals courts lack jurisdiction over postconviction applications and related appointment-of-counsel requests under art. 11.07; such matters are not appealable to the court of appeals | The Court of Appeals dismissed the appeals for want of jurisdiction; it concluded it lacked appellate jurisdiction over the postconviction appointment request |
Key Cases Cited
- Martinez v. Ryan, 566 U.S. 1 (2012) (permits equitable exception to procedural default when postconviction counsel was ineffective or absent for ineffective-assistance-of-trial-counsel claims)
- Trevino v. Thaler, 569 U.S. 413 (2013) (applies Martinez equitable exception in certain Texas cases)
- Moore v. Beard, 42 F. Supp. 3d 624 (M.D. Pa. 2014) (considered decades-old ineffective-assistance claim despite long delay)
- Self v. State, 860 S.W.2d 261 (Tex. App.—Fort Worth 1993) (prior direct-appeal decision affirming Self's conviction)