Ex Parte Daigle, 848 S.W.2d 691 (Tex. Crim. App. 1993). · Go Syfert
Ex Parte Daigle, 848 S.W.2d 691 (Tex. Crim. App. 1993). Cases Citing This Book View Copy Cite
“the proper remedy in a case such as this is to return the applicant to the point at which he can give notice of appeal.”
63 citation events (56 in the last 25 years) across 4 distinct courts.
Strongest positive: Mosquera, Airton (texcrimapp, 2025-07-02)
Treatment trajectory · 1997 → 2026 · click a year to view as-of
1997 2011 2026
Top citers, strongest first. 29 distinct citers.
discussed Cited as authority (verbatim quote) Mosquera, Airton
Tex. Crim. App. · 2025 · signal: cf. · quote attribution · 1 verbatim quote · confidence high
the proper remedy in a case such as this is to return the applicant to the point at which he can give notice of appeal.
cited Cited as authority (rule) Aureliano Sanchez Galvan v. the State of Texas
Tex. App. · 2024 · confidence medium
Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
discussed Cited as authority (rule) Peterson, Deon Lewis
Tex. App. · 2015 · confidence medium
App. 2005), and Florida v. Nixon 543 U.S. 175 , 125 Sct. 551, 560 L.Ed.2d. 565 (2004) met the requirements in ground one as shown in (Applicant's writ at 6-7) alleging that Appellate Counsel failure to challenge a valid claim on appeal with the challenge of venire member (40) would have resulted in a reverse as required in ex parte Daigle 848 S.W.2d. 691, 692 (Tex. Crim.
cited Cited as authority (rule) O'neal, Ex Parte Johnnie Lewis
Tex. App. · 2015 · signal: cf. · confidence medium
Cf. Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited as authority (rule) Mitchell, Gerald Wayne
Tex. App. · 2015 · confidence medium
On a co1riplete fundamental miscarriage of justice, therefore entitl- ing Applicant to relief on Appeal as set out in Exparte Daigle 848 SW 2d. 691,692 (Tex Crim App 1993).
examined Cited as authority (rule) Fuh, Ayunwi Meme (4×)
Tex. App. · 2015 · confidence medium
The failure to raise a valid legal claim that necessarily would have resulted in a reversal apparently also constitutes ineffective assistance by trial and appellate Counsels see Ex parte Daigle, 848 S.W.2d 691, 692 (Crim.App. 1993) Petitioner's attorney's brief to the appeals court that petitioner's appeal is frivolous should be moot and the court should consider petitioner's own written pro se response to Anders brief as the attorney on record never consulted with petitioner on the reasons and grounds of his appeal despite the numerous times that petitioner tried to meet with appellate attor…
cited Cited as authority (rule) Whitfield, Tony Kareem
Tex. · 2015 · confidence medium
Ex Parte daigle, 848 S.W. 2d 691,692 (Tex Crim.
cited Cited as authority (rule) Flores, Ex Parte Gerardo
Tex. Crim. App. · 2012 · confidence medium
Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
discussed Cited as authority (rule) Flores, Ex Parte Gerardo (2×)
Tex. Crim. App. · 2012 · confidence medium
Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993) (habeas applicant was entitled to a new appeal based on appellate counsel's ineffectiveness for failing to raise point of error on appeal concerning trial court’s denial of defendant’s timely request for jury shuffle, which, under then-prevailing law, was automatic reversible error). .
examined Cited as authority (rule) Ex Parte Miller (5×) also: Cited "see"
Tex. Crim. App. · 2010 · confidence medium
See Monge v. California, 524 U.S. 721, 729-30 , 118 S.Ct. 2246 , 141 L.Ed.2d 615 (1998) (double-jeopardy clause "neither prevents the prosecution from seeking review of a sentence nor restricts the length of a sentence imposed upon retrial after a defendant's successful appeal"); Bell v. State, 994 S.W.2d 173, 175 (Tex.Crim.App.1999) (overruling Cooper , following Monge , and holding that double jeopardy does not bar the State from a second opportunity to present its proof of a prior conviction for the purpose of seeking a cumulated sentence). [35] Ex parte Santana, 227 S.W.3d 700, 704-05 (Tex…
examined Cited as authority (rule) Miller, Ex Parte Carl Eddie (4×) also: Cited "see"
Tex. Crim. App. · 2009 · confidence medium
Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
discussed Cited as authority (rule) Miller, Ex Parte Carl Eddie
Tex. Crim. App. · 2009 · confidence medium
App. 2007); see also Smith v. Robbins, 528 U.S. 259, 285-86 (2000). 36 Evitts v. Lucey, 469 U.S. 387, 394 (1985) (emphasis in original); see also Schaetzle v. Cockrell, 343 F.3d 440, 445 (5th Cir. 2003) (“Counsel need not raise every nonfrivolous ground of appeal, but should instead present solid, meritorious arguments based on directly controlling precedent.”) (internal quotation marks and alterations omitted); Gray v. Greer, 800 F.2d 644, 646 (7th Cir. 1986) (“Generally, only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of …
cited Cited as authority (rule) Andrew Wamsley v. State
Tex. App. · 2008 · confidence medium
Ann. art. 35.11 (Vernon Supp. 2007); Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited as authority (rule) Andrew Wamsley v. State
Tex. App. · 2008 · confidence medium
A NN. art. 35.11 (Vernon Supp. 2007); Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited as authority (rule) Samuel Purchase v. State
Tex. App. · 2008 · confidence medium
Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited as authority (rule) texapp 2007
Tex. App. · 2007 · confidence medium
Ann. art. 35.11 (Vernon 2006); Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
discussed Cited as authority (rule) Salinas v. Dretke
5th Cir. · 2004 · confidence medium
See Ex Parte Salinas, No. 74,462, at 2 ("The proper remedy in a case such as this is to return Applicant to the point at which he can file a petition for discretionary review.”); see also Ex Parte Torres, 943 S.W.2d 469, 472 (Tex.Crim.App.1997) (stating that "granting an out-of-time appeal restores the pendency of the direct appeal”); Ex Parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993) (returning a petitioner "to the point at which he can give notice of appeal.”). 5 .
discussed Cited as authority (rule) Carr v. Smith (2×) also: Cited "see"
Tex. App. · 2000 · confidence medium
P. 223. [5] See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993). [6] See Williams v. State, 719 S.W.2d 573, 577 (Tex.Crim.App.1986). [7] Id. [8] See, e.g., Davis v. State, 782 S.W.2d 211, 214 (Tex.Crim.App.1989), cert. denied, 495 U.S. 940 , 110 S.Ct. 2193 , 109 L.Ed.2d 520 (1990); Williams, 719 S.W.2d at 577 ; Richardson v. State, 981 S.W.2d 453, 456 (Tex.App.-El Paso 1998, pet. ref'd); Turner v. State, 828 S.W.2d 173, 177 (Tex.App.-Houston [1st Dist.] 1992, pet. ref'd), cert. denied, 507 U.S. 1037 , 113 S.Ct. 1865 , 123 L.Ed.2d 485 (1993). [9] Williams, 719 S.W.2d at 577 . [10] See …
discussed Cited as authority (rule) Garza v. State (2×)
Tex. App. · 1999 · confidence medium
App.1983)). [12] Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.App.1993). [13] TEX.CODE CRIM.
discussed Cited as authority (rule) Richardson v. State
Tex. App. · 1998 · confidence medium
Denial of a timely request for a jury shuffle has consistently been held to be automatic reversible error, not subject to a harm analysis. 3 See e.g., Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993); Jones, 833 S.W.2d at 147-48 ; Yanez v. State, 677 S.W.2d 62, 69 (Tex.Crim.App.1984).
discussed Cited as authority (rule) Moreno v. State
Tex. App. · 1997 · confidence medium
By granting Moreno habeas corpus relief, the Court of Criminal Appeals returned him “to the point at which he can give notice of appeal.” Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993) (emphasis added).
discussed Cited "see" Ex Parte Desean Laverne McPherson
Tex. App. · 2022 · signal: see · confidence high
“Consequently, ‘only when ignored issues are clearly stronger than those presented, will the presumption of effective assistance of counsel be overcome.’” Purchase, 2008 WL 596848 , at *10 (quoting Smith v. Robbins, 528 U.S. 259, 288 (2000)); see Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited "see" Christopher Lee Cole v. State
Tex. App. · 2015 · signal: see · confidence high
See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited "see" Carmell v. State
Tex. App. · 2010 · signal: see · confidence high
See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993); Jessup v. State, 18 S.W.3d 723, 724 (Tex.App.-San Antonio 2000, no pet.).
cited Cited "see" Scott Leslie Carmell v. State
Tex. App. · 2010 · signal: see · confidence high
See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited "see" Ex Parte Balderrama
Tex. App. · 2006 · signal: see · confidence high
See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993). *532 The district court denied the requested relief.
cited Cited "see" Ex Parte Tammy Balderrama
Tex. App. · 2006 · signal: see · confidence high
See Ex parte Daigle, 848 S.W.2d 691, 692 (Tex. Crim.
cited Cited "see" Ex Parte Tammy Balderrama
Tex. App. · 2006 · signal: see · confidence high
See Ex parte Daigle , 848 S.W.2d 691, 692 (Tex. Crim.
discussed Cited "see, e.g." Montez v. State
Tex. App. · 1998 · signal: see, e.g. · confidence medium
See, e.g., Ex parte Daigle, 848 S.W.2d 691, 692 (Tex.Crim.App.1993); Jones v. State, 833 S.W.2d 146, 147-48 .(Tex. Crim.App.1992); Williams, 719 S.W.2d at 575 ; Yanez v. State, 677 S.W.2d 62, 69 (Tex. Crim.App.1984); Latham v. State, 656 S.W.2d 478, 479 (Tex.Crim.App.1983).
Ex Parte Paul Dewey Daigle.
71560.
Court of Criminal Appeals of Texas.
Feb 24, 1993.
848 S.W.2d 691
Paul Dewey Daigle, pro se., Tom Maness, Dist. Atty., and R.W. Fisher, Asst. Dist. Atty., Beaumont, Robert Huttash, State’s Atty., Austin, for State.
Campbell.
Cited by 39 opinions  |  Published

OPINION

CAMPBELL, Judge.

Applicant was convicted of aggravated robbery, enhanced by proof of two prior felony convictions, and the jury assessed punishment at confinement for ninety-nine years. Applicant’s conviction was affirmed. Daigle v. State, 658 S.W.2d 774 (Tex.App.—Beaumont 1983, no pet.). He[*692] has filed this application for habeas corpus relief pursuant to Article 11.07, V.A.C.C.P. We filed and set his application to determine whether appellate counsel was ineffective for failing to raise on appeal the trial court’s denial of Applicant’s request for a jury shuffle. Upon remand by this Court, the trial court found that Applicant’s demand for a jury shuffle was untimely and recommended that relief be denied. This conclusion is not supported by the record.

We have repeatedly held that Article 35.11, V.A.C.C.P., provides the defendant with a right to a shuffle of the jury panel. Jones v. State, 833 S.W.2d 146, 147 (Tex.Cr.App.1992); Wilkerson v. State, 681 S.W.2d 29, 30 (Tex.Cr.App.1984); Davis v. State, 573 S.W.2d 780, 781 (Tex.Cr.App.1978). Refusal of the trial judge to comply with a timely request constitutes reversible error and an aggrieved defendant need not show harm. Jones, supra at 147-48; Wilkerson, supra. A request is timely if made prior to commencement of voir dire. Latham v. State, 656 S.W.2d 478, 479 (Tex.Cr.App.1983); Woerner v. State, 523 S.W.2d 717, 718 (Tex.Cr.App.1975).

In the instant case, it is undisputed that Applicant requested a timely shuffle of the jury panel immediately prior to voir dire. [1] Latham, supra. Therefore, the trial court committed reversible error by denying Applicant’s motion. Jones, supra. We must now address the question of whether appellate counsel was ineffective for failing to raise this issue on appeal.

As stated previously, the trial court’s refusal to allow a jury shuffle upon a timely request is reversible error. This has been the law for many years, and was well settled at the time of Applicant’s trial in 1982 and his appeal in 1983. See Moore v. State, 132 Tex.Crim. 403, 105 S.W.2d 250 (1937); [2] Como v. State, 557 S.W.2d 93, 94 (Tex.Cr.App.1977); Davis, supra; Woerner, supra.

We also note that in an affidavit submitted to the trial court, appellate counsel stated as follows:

Affiant, however, agrees that the issue of the denial of Applicant’s request for a shuffle of the jury, is a point for appeal. Affiant hereby states that this issue was over looked [sic] as an issue on appeal and would have been included on original submission, but for it being unnoticed at the time of the preparation of the appeal.

It is apparent from this statement that counsel was indeed aware this issue was meritorious, and it would have been raised but for his oversight. Furthermore, since the error was not subject to a harm analysis, Jones, 833 S.W.2d at 147-48, Applicant would have been entitled to a new trial. Therefore, we hold that a reasonable appellate counsel would have raised this issue on appeal, and there was a reasonable probability that a different outcome would have resulted.

Relief is hereby granted. The judgment of the Court of Appeals is vacated, and Applicant is entitled to a new appeal. The proper remedy in a case such as this is to return the Applicant to the point at which he can give notice of appeal. He may then, with the aid of counsel, follow the proper procedures in order that a meaningful appeal from his conviction may be taken. For purposes of the Texas Rules of Appellate Procedure, all time limits shall be calculated as if the conviction had been entered on the day the mandate of this Court issues. We hold that should Applicant desire to prosecute an appeal, he must take affirmative steps to see that notice of appeal is given within thirty days after the mandate of this Court has issued. All other requested relief is denied.

1

. An excerpt from the statement of facts attached by the trial court to its findings of fact and conclusions of law reflects that Applicant's motion for a jury shuffle was denied because both his counsel and the prosecutor were a few minutes late to court. However, the trial court did make a specific finding that the motion was made before voir dire had commenced.

2

. Moore and cases cited therein, construe former Articles 626, 627, and 628, V.A.C.C.P. (1925).