Emerson, Reginald Wayne ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-78,944-03
EX PARTE REGINALD WAYNE EMERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F89-91792-N IN THE 195TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
OPINION
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of burglary of a
vehicle and sentenced to 35 years’ imprisonment.
Applicant contends, in relevant part, that the September 18, 2018, parole revocation hearing
violated due process, and that he was denied his right to counsel. Based on materials provided by
the Texas Department of Criminal Justice, Pardons and Paroles Division, and the Classification and
Records Department, the trial court determined that, under the unique facts of this case, fundamental
fairness required that Applicant be provided with counsel. Accordingly, the revocation of
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Applicant’s parole violated due process. The trial court also found insufficient evidence of the two
alleged violations that resulted in revocation. The court recommends that Applicant be reinstated
to parole and that any collateral consequences, such as forfeiture of time credits due to the improper
revocation, be removed.
The trial court’s determination that the record shows a due process violation is supported by
the record. Relief should be granted. The Pardons and Paroles Division shall either reinstate
Applicant to parole or reopen the revocation proceedings. Applicant’s remaining claims lack merit
and are denied.
Copies of this opinion shall be sent to the Texas Department of Criminal Justice–Correctional
Institutions Division and Pardons and Paroles Division.
Delivered: December 11, 2019
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