Legal Question in Criminal Law in Texas

Parole Question - need additional information

When was your sister convicted, At one time there was a mandatory requirement that any murder conviction meant that you would serve at least 1/4 of the sentence day for day before eligibilitym in about 1994 this changed to 1/2, If she' been in post conviction tht long, plus any pretrial confinement, she is not eligible, and there's the rub. The pardon and paroles division has its own world of rules and policies.

I am surprised that she's still in Starret. Most counties ship out convicts as soon as they can get a chain number for them - She'd probably be better off in Gatesville, They keep better control of parole eligibility in any TDCJ-I unit than any county jail can or does.

As to the court appointed lawyer, SHE can complain to the State Bar - your post indicates there might have been a self-defense claim available - was he informed of it and was it raised at trial?

You can probably buy a copy of the Statement of Facts from he court repoprter, they tend to keep their notes for a long time.

As for a new trial, only Habeas Corpus is open to her at this time, the appeal limits having passed long ago (30-90 days after verdict).

If there were a new trial ordered, the probability would be that the same attorney (please do NOT call him a Lawyer) would be appointed - and you sisterould probably be unable to get him replaced. The general rule being that the defendant is NOT free to select or change an appoointed counsel without VERY good reasons.

Unfortunately, I have no idea who to contact about some form of "compassionate relief" YOu might try calling the division of pardons and paroles to see how they do it - the condition of your sister indicates that she would probably qualifiy, and they have many siminlar cases come up every year. ALso, there is legislation pending to speed up parole to elderly and seriously ill prisoners. I don't know if it will be introduced next session or nor, but they use an economic justification - geriatric prisoner cost more to keep than younger one.

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