Summary

Madden v. Texas — Opinion of the Court

A-626, the desire of Madden's appellate counsel for the assistance of the Texas Resource Center is entirely unremarkable; all petitioners can honestly claim that they would benefit from additional advice and consultation. Nor does the excuse put forward in the other three cases, namely, withdrawal of appellate counsel, automatically justify an extension of time.
Source: Wikisource

Madden v. Texas — Opinion of the Court

In No. A-627, the Texas court issued an opinion affirming the conviction and sentence of David Wayne DeBlanc on October 24, 1990, 799 S.W.2d 701 and denied a petition for rehearing on November 28, 1990. The stated reason for the present extension request is that " [f] ollowing the affirmance of [applicant's] conviction and sentence on appeal, Eden E. Harrington of the Texas Resource Center learned that [applicant's] appellate counsel, Craig Washington, would no longer represent Mr. DeBlanc because Mr. Washington is now a member of the United States Congress.
Source: Wikisource

Madden v. Texas — Opinion of the Court

There is no indication in any of them that the withdrawal was a reasonablyunforeseeable occurrence. Indeed, in DeBlanc's case, No. A-627, the factor requiring withdrawal (membership in the United States Congress) was of such a nature that it must have been anticipated before November 28, the date rehearing was denied. The application in Hammond's case, No. A-635, sets forth as additional justification the death of counsel's father-which would in some circumstances qualify as "good cause shown."
Source: Wikisource

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