Ex Parte Jones

In 1994, applicant pleaded guilty to burglary of a building and was sentenced, as an habitual offender, to twenty-five years imprisonment. He did not appeal. Eight years later, on August 21, 2002, applicant filed a writ of habeas corpus application under Article 11.07, alleging ineffective assistance of his trial counsel for failing to pursue an insanity defense. Applicant stated that, while he was in pretrial custody, he was given a full psychiatric evaluation and he attached a copy of the evaluation report. That report asserted that applicant had an I.Q. of 26, a "history since early childhood of retardation and was diagnosed at age Two with autism by Dr. Lawson Bernstein, MD., neuropsychiatrist expert, Further childhood diagnosis reflect chronic encephalopathy- a severe mental disorder." This document, which concludes that applicant "at the time of the offense was mentally ill, disoriented and did not know right from wrong" and that he was incompetent to stand trial, contains the purported signature of a "Dr. John T. Adams, M.D., Ph.d." and a heading with an official State of Texas seal. Applicants habeas application also contains the purported signature of an attorney from the State Counsel for Offenders on the application itself and on an attached "Memorandum." Applicant himself declared, under penalty of perjury, that, according to his belief, the information and allegations contained within his signed application were true and correct.