Opinion

Bowlby, David Brandon

Court
Court of Criminal Appeals of Texas
Filed
Mar 12, 2026
Status
Published
Nature of suit
11.07 HC
Cited by
0 cases
Authority
More cited than 39.2%

The 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Do not publish

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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