Sossaman, Harvey Leroy Iii
WR-16,516-06
| Tex. App. | Jan 29, 2015Background
- Applicant Harvey Leroy Sossamon, III is serving life for first-degree murder and filed a state habeas application (WR-16,516-06) in the 54th Judicial District Court, McLennan County.
- During trial a prosecution witness, Aurora Victoria Steinhauer, testified in open court that she climbed on top of the victim and caused his death, effectively confessing to killing the victim; no defense expert or medical testimony was developed after that admission.
- Sossamon contends trial counsel provided ineffective assistance by failing to investigate, develop, or present evidence after the witness’s confession and that this raises actual innocence and Strickland-type claims requiring development of the habeas record.
- The district court (Judge Matt Johnson) accepted an affidavit from trial counsel Stanley L. Schweiger filed ex parte, certified the record, and recommended denial of relief; Sossamon alleges he never received or had opportunity to respond to that affidavit.
- Sossamon seeks a stay of the Court of Criminal Appeals’ processing of his habeas application and requests remand to the trial court for an evidentiary hearing and to allow him to develop the record and challenge counsel’s affidavit.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether an evidentiary hearing and further fact development are required on ineffective-assistance claims | Sossamon: trial record is inadequate; Steinhauer’s confession and absence of defense investigation show counsel was ineffective and merit an evidentiary hearing | Trial court/State relied on counsel’s affidavit and concluded record did not warrant relief | District court recommended denial after accepting counsel’s affidavit; applicant objects and asks CCA to stay and remand for hearing |
| Whether the district court’s ex parte consideration of counsel’s affidavit without giving applicant a copy or chance to respond denied due process | Sossamon: ex parte filing deprived him of opportunity to challenge affidavit, so findings are unreliable | State/district court: accepted counsel’s affidavit and proceeded to certify record | Applicant objects; asks CCA to take judicial notice of objection and remand for proceedings allowing response |
| Whether actual-innocence/Schlup-style relief is available under Texas law and if it mandates a hearing here | Sossamon: his claim of actual innocence (based on witness confession) and related Strickland claims require evidentiary development under Ex parte Franklin/Elizondo | State: Texas limits Schlup-based claims; some doctrines restrict freestanding actual-innocence claims | Applicant contends Ex parte Franklin and related Texas authorities entitle him to a hearing; district court declined to grant one |
| Whether federal decisions (Martinez/Trevino) excuse procedural bars and permit habeas development of counsel-ineffectiveness claims | Sossamon: Martinez/Trevino allow consideration of unexhausted ineffective-assistance claims when initial-review counsel was ineffective or absent | State: may argue procedural default or adequate reliance on counsel affidavit defeated the need for hearing | Applicant argues those decisions support remand; district court did not hold an evidentiary hearing and recommended denial |
Key Cases Cited
- Schlup v. Delo, 513 U.S. 298 (1995) (framework for actual-innocence gateway to habeas review)
- Ex parte Villegas, 415 S.W.3d 885 (Tex. Crim. App. 2013) (Texas treatment of actual-innocence claims)
- Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996) (governs actual-innocence claims in Texas post-conviction proceedings)
- Ex parte Franklin, 72 S.W.3d 671 (Tex. Crim. App. 2002) (entitlement to evidentiary hearing when actual-innocence claim is raised)
- Ex parte Robbins, 360 S.W.3d 446 (Tex. Crim. App. 2012) (discussion of accuracy over finality in post-conviction context)
- Martinez v. Ryan, 132 S. Ct. 1309 (2012) (excusing procedural default where initial-review counsel was ineffective)
- Trevino v. Thaler, 569 U.S. 413 (2013) (applying Martinez in Texas to permit federal habeas consideration of unexhausted ineffective-assistance claims)