Second Court of Appeals

Summaries of Civil Opinions and Published Criminal Opinions Issued - Week of March 6, 2017.

NOTE: Summaries are prepared by the court's staff attorneys and law clerks for public information only and reflect his or her interpretation alone of the facts and legal issues. The summaries are not part of the court's opinion in the case and should not be cited to, quoted, or relied upon as the opinion of the court.

Links to full text of opinions (PDF version) can be accessed by clicking the cause number.

Ex parte Uribe, No. 02-16-00372-CR (Mar. 9, 2017) (Sudderth, J., joined by Livingston, C.J.; Walker, J., concurs without opinion).

Held:  We adopt a nonexclusive factor test for use in habeas appeals to facilitate the determination of whether a guilty plea was involuntary:  (1) evidence of the habeas applicant’s guilt; (2) whether the habeas applicant presented evidence of any factual or legal defenses to the underlying charge; (3) whether the habeas applicant presented evidence indicating that the immigration consequences of his or her plea had been of “paramount concern” at the time of the guilty plea; and (4) the circumstances of the plea deal compared to the penalties the habeas applicant risked by going to trial.