Ex Parte Lawrence A. Jarrett, Appellant

Summary

The Court of Criminal Appeals of Texas denied rehearing and remanded the habeas corpus petition to determine whether appellate counsel failed to notify the appellant of the Court of Appeals' affirmance, to explain the meaning and effect of that opinion, and to advise the appellant of the possibility of discretionary review, as required by Strickland and state procedural rules. The majority held that factual issues remain unresolved and therefore a further evidentiary hearing is necessary. A dissent argued that the majority misinterprets Rule 91 and Article 26.04(a) and that counsel's duty ends when the intermediate appeal is exhausted.