Willie Rodriquez Jones v. Texas
HabeasCorpus
Petitioner contends that trial court was without jurisdiction
to proceed to judgment and convict. Due to a "structural ;error ,
" which affects the framework within which the trial proceeds,
as disinguished form a lapse or flow that is simply an error
in the trial court.
Trial Court, failed to inform Petitioner, or conduct "ANY" pre
trial hearing concerning the professional misconduct on the
part of Petitioner trial counsel, "Before"or "After',' Petit
ioner, went to jury trial and were found guilty due to trial
counsel professional misconduct. See: Appendix-A; Appendix-B.
1. Did the trial court lose jurisdiction to proceed to judgment
and convict? "When the trial court failed to inform Petitioner,
about the professional misconduct."
2. Did the Court of Appeals erred in utilizing an inferential
approach in determin/<^ whether Petitioner, right to the effec
tive assistance of counsel had been violated?
3. Did Petitioner, intelligently and competently waived his
right to effective assistance of counsel?
4. Do Direct Collateral Review Creates Path Around AEDPA Hur
dles for State Prisoners Seeking Postconviction Relief?
5. Did the Court of Criminal Appeals, erred by dismissed with
out written order , Petitioner 11.07 habeas corpus, as a sub
sequent application? " When Petitioner, alleging ineffective
assistance of counsel claim."
6. Do claim of ineffective assistance of counsel frequently
require an evidentiary hearing? " Where there is a dispute
between the client and attorney over what occurred, the trial
court is require to make a credibility determination that can
best be made after a live hearing."
7. Are ineffective assistance claim are excepted from the
general ruld of error preservation set forth in Ruid 33. d) (a)
and may be raised in an application for writ of habeas corpus
even if not raise first in the trial court?
8. Can a Civil Attorney represent a capital murder case in
trial, and NOT be ineffective?
9. Is it the duty of the "trial court", to inform Petitioner,
that he had hire a civil attorney, to represent him in a
capital murder trial •
10. Whether the Court of Appeals has correctly interpreted the
provides, in pertinent part:
" In all criminal prosecution, the accused shall enjoy the
right...to be informed of the nature and cause of the accusa
tion; to be confronted with the witnesses against him; to
have compulsory process for obtaining witnesses in his favor
and to have the Assistance of Counsel for his defence/"Sixth Amendment;
Whether the trial court lacked jurisdiction due to structural error when it failed to address professional misconduct of trial counsel before or during jury trial