Seeger Justin Uriah - Habeas Corpus Out of Time PDR Granted
Summary
The Court of Criminal Appeals of Texas granted an out-of-time petition for discretionary review for Justin Uriah Seeger. This decision stems from a finding that his appellate counsel's performance was deficient in failing to timely inform him of his conviction affirmation and his right to file a pro se petition.
What changed
The Court of Criminal Appeals of Texas has granted an out-of-time petition for discretionary review in the case of Ex parte Justin Uriah Seeger (Docket No. WR-97,128-01). The court found that applicant's appellate counsel provided deficient performance by failing to timely inform the applicant of the affirmation of his conviction and advise him of his right to file a pro se petition for discretionary review. Consequently, the applicant is now permitted to file an out-of-time petition for discretionary review of the judgment from the Twelfth Court of Appeals.
This ruling has immediate implications for the applicant, Justin Uriah Seeger, who must now file his petition for discretionary review within thirty days of the Court's mandate. For legal professionals involved in criminal appeals, this case underscores the critical importance of timely communication with clients regarding appellate rights and deadlines. Failure to do so can result in the granting of out-of-time review, as demonstrated here, potentially leading to further appeals and delays in the final disposition of cases.
What to do next
- Applicant must file petition for discretionary review within 30 days of mandate.
Source document (simplified)
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Feb. 26, 2026 Get Citation Alerts Download PDF Add Note
Seeger, Justin Uriah
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-97,128-01
- Nature of Suit: 11.07 HC
Disposition: OUT OF TIME PDR GRANTED
Disposition
OUT OF TIME PDR GRANTED
Lead Opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-97,128-01
EX PARTE JUSTIN URIAH SEEGER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2021-1004-C1A IN THE 19TH DISTRICT COURT
MCLENNAN COUNTY
Per curiam.
OPINION
Applicant was convicted of online solicitation of a minor (Count 1),
possession of a controlled substance (Count 2), and unlawful possession of a
firearm by a felon (Count 3). He was sentenced to 60 years' imprisonment on
Counts 1 & 2 and 20 years' imprisonment on Count 3. The Twelfth Court of
Appeals affirmed his conviction. Seeger v. State, No. 12-24-00166-CR (Tex.
App.—Tyler May 21, 2025, no pet.). Applicant filed this application for a writ of
2
habeas corpus in the county of conviction, and the district clerk forwarded it to this
Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that appellate counsel failed to timely inform him that
his conviction had been affirmed and advise him of his right to file a pro se petition
for discretionary review. Based on the record, we have determined that appellate
counsel’s performance was deficient and that Applicant would have timely filed a
petition for discretionary review but for counsel’s deficient performance.
Relief is granted. Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997);
Ex parte Crow, 180 S.W.3d 135 (Tex. Crim. App. 2005). Applicant may file an out-
of-time petition for discretionary review of the judgment of the Twelfth Court of
Appeals in cause number 12-24-00166-CR. Should Applicant decide to file a
petition for discretionary review, he must file it with this Court within thirty days
from the date of this Court’s mandate.
Copies of this opinion shall be sent to the Texas Department of Criminal
Justice–Correctional Institutions Division and the Board of Pardons and Paroles.
Delivered: February 26, 2026
Do not publish
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