One of the most common grounds raised in Texas 11.07 writ of habeas corpus applications is the involuntary plea. Here’s the basics of how such grounds work and what you or your loved one will have to prove.
First, you must overcome the presumption that the plea was voluntary.
In my prior post I walked through the formalities of the plea process. These formalities include your written and oral statement (if the plea was recorded) that you understand the charges, that you’ve been fully and adequately advised by your attorney, and that your plea is knowing and voluntary. This paperwork creates a presumption of voluntariness that you must overcome in your writ application with affirmative evidence. A sworn statement by the applicant that his attorney misled him or misadvised him will never be enough evidence to overturn a guilty plea.
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