Ex parte Patrick Taylor Shay

Pursuant to a plea bargain, Patrick Shay was convicted of improper photography or visual recording and sentenced to two years’ confinement, the maximum confinement permitted for the state-jail felony. In consideration for Shay’s guilty plea, the State agreed not to file aggravated sexual assault or child pornography charges surrounding the same criminal episode. Shay’s applied for habeas relief, using as grounds the Court of Criminal Appeals' opinion in "Thompson v. Texas," which held that a portion of the former improper photography or visual recording statute—specifically, Texas Penal Code section 21.15(b)(1) - was facially unconstitutional in violation of the First Amendment. Section 21.15(b)(1) formed the basis of Shay’s conviction. The State and the habeas judge recommended that the Court of Criminal Appeals grant Shay relief under "Thompson." The Court, in turn, ordered Shay’s application be filed and set to determine whether an applicant, who negotiates a very favorable plea agreement resulting in a conviction for an offense later held to be unconstitutional, is estopped from challenging the conviction on the basis of its unconstitutionality. The Court held that estoppel does not bar an applicant for habeas relief from seeking habeas relief on a statute subsequently declared facially unconstitutional. The Court accordingly set aside Shay’s conviction and remanded the case back to the trial court to dismiss the indictment. View "Ex parte Patrick Taylor Shay" on Justia Law