CourtListener 10320845•Gallagher, Ralph William
Testo completo
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-96,302-01, 96,302-02, 96,302-03 & 96,302-04
EX PARTE RALPH WILLIAM GALLAGHER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 20-07-08653 (1), 20-07-08704 (1), 21-08-10997 (1) & 21-08-10998 (1)
IN THE 221ST DISTRICT COURT FROM MONTGOMERY COUNTY
Per curiam.
OPINION
Applicant was convicted of indecency with a child (x2), possession of child pornography,
and sexual performance by a child, and sentenced to life for both indecency with a child charges and
the sexual performance by a child charge, and ten years imprisonment for the child pornography
charge. The Ninth Court of Appeals affirmed his convictions. Gallagher v. State, Nos.
09-21-00307-CR, -00308-CR, -00309-CR & -00310-CR (Tex. App.—Beaumont Apr. 26, 2023).
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.
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
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review. Based on the record, the trial court has determined that there was a breakdown in the system
and that Applicant is entitled to file an out-of-time petition for discretionary review.
We agree. Relief is granted. Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003).
Applicant may file an out-of-time petition for discretionary review of the judgments of the Ninth
Court of Appeals in cause numbers 09-21-00307-CR, -00308-CR, -00309-CR and -00310-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: January 22, 2025
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