Ex Parte Danny Orona Ybarra, Appellant

Summary

The Court of Criminal Appeals of Texas vacated Danny Orona Ybarra's murder conviction, finding that the trial court lacked authority to grant a new trial sua sponte after the statutory deadline and that Ybarra received ineffective assistance of counsel. The Court granted the habeas relief and remanded the case to the sheriff for further proceedings. Justice W.C. Davis, in a concurring opinion, noted that the decision conflicts with Ex Parte Diaz and urged that Diaz be overruled.