Texas Court of Criminal Appeals - Murder Conviction Habeas Corpus
Summary
The Texas Court of Criminal Appeals granted an out-of-time petition for discretionary review in the murder conviction case of David Brandon Bowlby (Docket No. WR-27,004-02). The court found that appellate counsel's deficient performance prevented the applicant from timely filing his review petition.
What changed
The Texas Court of Criminal Appeals has granted an out-of-time petition for discretionary review in the case of David Brandon Bowlby, who was convicted of murder and sentenced to life imprisonment. The court's decision, docketed as WR-27,004-02, stems from a finding that Bowlby's appellate counsel failed to timely inform him of his conviction affirmation and his right to file a petition for discretionary review. The court determined that but for this deficiency, Bowlby would have filed a timely petition.
This ruling allows Applicant Bowlby to file an out-of-time petition for discretionary review of the Sixth Court of Appeals' judgment within thirty days of the Court of Criminal Appeals' mandate. This action directly impacts the applicant's ability to pursue further legal review of his murder conviction. Legal professionals involved in criminal appeals should note the court's emphasis on timely communication and advice regarding appellate rights.
What to do next
- Applicant must file petition for discretionary review within 30 days of mandate.
- Review court's opinion for precedent on appellate counsel's duty to inform clients of review rights.
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March 12, 2026 Get Citation Alerts Download PDF Add Note
Bowlby, David Brandon
Court of Criminal Appeals of Texas
- Citations: None known
- Docket Number: WR-27,004-02
- 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-27,004-02
EX PARTE DAVID BRANDON BOWLBY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 30475 HC-1 IN THE 6TH DISTRICT COURT
LAMAR COUNTY
Per curiam.
OPINION
Applicant was convicted of murder and sentenced to life imprisonment.
The Sixth Court of Appeals affirmed his conviction. Bowlby v. State, No.
06-24-00108-CR, (Tex. App.—Texarkana Apr. 25, 2025, no pet.)(not designated
for publication). Applicant filed this application for a writ of habeas corpus in the
county of conviction, and the district clerk forwarded it to this Court. See TEX.
CODE CRIM. PROC. art. 11.07.
2
Applicant contends that appellate counsel failed to timely inform Applicant
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, the trial court has
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 Sixth Court of
Appeals in cause number 06-24-00108-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: March 12, 2026
Do not publish
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