Ex Parte Danny Orona Ybarra, Appellant

Summary

The Court of Criminal Appeals held that the trial court lacked authority to grant a new trial sua sponte in a post‑conviction habeas proceeding and that the appellant was denied effective assistance of counsel, vacating the murder conviction and remanding the case. The decision rests on the statutory limitation on out‑of‑time new‑trial motions and the duty of defense counsel to conduct an independent investigation. A concurring judge agreed with the result but warned that the holding conflicts with the en banc decision in Ex Parte Diaz and urged that Diaz be overruled.