Today's Opinions - 9/30/09

On September 30, 2009, the CCA handed down several orders including three published opinions in the following cases:

AP-76,102, Ex parte Gregory Lynn Smith: The CCA denied habeas corpus relief in this felon in possession of a firearms case. Smith argued that trial counsel was ineffective and his guilty plea was involuntary because he had been placed on deferred adjudication rather than convicted and trial counsel should've known that before advising him to plead. The CCA sidestepped the issue of whether or not deferred adjudication probation counts as a felony conviction for purposes of felon in possession of a firearm by holding that the law was at least unsettled and trial counsel could not be faulted for advising Smith to plead. Click here for a summary of the opinion.

PD-0946-08, Ricky Tapps v. State: The CCA held that a prior conviction for a state jail felony made the defendant a "felon" for purposes of the felon in possession of a firearm statute. Click here for a summary of the opinion.

PD-1508-08, Danny Wayne Grammer v. State: The CCA held that Grammer had not been denied a separate punishment hearing on the motion to adjudicate his guilt because Grammer had introduced extensive punishment evidence during the hearing prior to his adjudication. Click here for a summary of the opinion.