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A teenager was put on death row in 1998, even though his attorney argued that he should never have been found competent to stand trial due to his intellectual disability. He waited for 24 years in prison as his petition went unresolved, and the court never took up the plea, largely forgotten by the criminal legal system.

In another case, a man’s death penalty challenge went unresolved for nearly 30 years, even though the jury at his trial had not been able to consider potentially mitigating evidence, such as his mental illness, in deciding whether to sentence him to death or life in prison — a violation of his constitutional rights.

And in yet another case, a defendant argued that his trial lawyer had violated his rights to counsel by failing to set his drug possession conviction up for appeal before the lead deadline. This defendant had already served his 20-year sentence by the time the Court of Criminal Appeals saw to his claim.

Known as “lost and found” cases, these petitions for appeal are among the hundreds of appeals recently discovered to have fallen through the cracks for a decade or more in the state of Texas, with both attorneys and judges claiming they do not know how this could have happened, how many other cases may be lost, or even whether it is possible to resolve the legal challenges raised in the appeals at this point. It is known that dozens of pending cases, all filed in or before 2013, which involved individuals challenging the constitutionality of their convictions or sentences, were recently found by judges and forwarded to Texas’ highest criminal court to be resolved without any explanation provided as to why they were delayed for decades.

Constitutional Violations at the Heart of These Cases

One suspicion is that a number of these appeals went cold due to “apathetic defense attorneys,” as well as bad case management and “thoughtless trial court judges.” What is especially disturbing about some of these cases is that it is unconstitutional to convict defendants who cannot consult with their attorneys or understand trial proceedings, and judges are supposed to make judgment calls in these cases. If a defendant cannot inform their attorneys what happened or have any effective communication with them, the state cannot simply ignore this issue and fail to make any accommodations at trial. 

In addition, in 2005, the U.S. The Supreme Court ruled that it was unconstitutional to sentence juveniles to death, which nullified a number of Texas death sentences and instead changed them to life in prison. Because of this, it is hypothesized that a number of defense appellate attorneys may have lost sight, in particular, of death row cases and failed to follow up on appeals because their clients were now officially off death row, and that is a “win.”

What Next?

For cases where competency is an issue, it is possible that the Court of Criminal Appeals could toss a conviction nearly 30 years after it was handed down if it is decided that a defendant was, in fact, incompetent. With hundreds of other similar cases of varying complexity, it is unclear what exactly is going to happen. This includes cases that could involve physical evidence that has deteriorated over time or requires witnesses, as well as involving other factors. 

Contact Skilled Texas Criminal Defense Attorneys

There is no question that if you are being charged with a crime in Texas, it is absolutely imperative that you work with a skilled criminal defense attorney from the get-go so that you do not become a victim of the system. If you are looking for a criminal defense in Fort Worth, contact our office today to get started.