In a significant ruling on September 17, 2026, the Texas Court of Criminal Appeals granted Mark P. Howerton the right to file an out-of-time appeal regarding his conviction for aggravated assault. This decision affects Howerton, who was sentenced to twenty years in prison, and underscores the importance of ensuring defendants have access to legal recourse.
The court's ruling came after Howerton contended that he was denied his right to file a petition for discretionary review (PDR). He argued that his appellate counsel failed to file the necessary documents on time due to personal issues, which he claimed constituted a breakdown in the legal system. The court's decision allows Howerton another chance to contest his conviction, which was originally affirmed by the Fourth Court of Appeals.
Background
Mark P. Howerton was convicted of aggravated assault resulting in serious bodily injury. His conviction was confirmed by the Fourth Court of Appeals in July 2025, which upheld the trial court's decision. Following this, Howerton filed an application for a writ of habeas corpus in the county where he was convicted. This application was forwarded to the Texas Court of Criminal Appeals, as per the Texas Code of Criminal Procedure.
Howerton's case centers around the claim that he was denied a fair opportunity to appeal his conviction. He argued that his appellate counsel's failure to timely file the PDR due to personal matters hindered his legal rights. This situation raises questions about the responsibilities of legal counsel and the rights of defendants to seek justice through the appeals process.
The Ruling
The Texas Court of Criminal Appeals ruled in favor of Howerton, stating, “Relief is granted.” The court referenced a previous case, Ex parte Riley, 193 S.W.3d 900 (Tex. Crim. App. 2003), to support its decision. The ruling allows Howerton to file an out-of-time appeal concerning his conviction in the 144th District Court of Bexar County.
Furthermore, the court instructed that within ten days of the mandate, the trial court must determine whether Howerton is indigent. If he is found to be indigent and wishes to be represented by counsel, the trial court is required to appoint an attorney for him. Should Howerton choose to appeal, he must file a written notice of appeal within thirty days of the court's mandate.
Impact
This ruling is significant as it highlights the importance of ensuring that defendants have access to legal representation and the ability to appeal convictions. By granting Howerton the opportunity to file an out-of-time appeal, the court reinforces the principle that all individuals, regardless of their circumstances, should have a fair chance to contest their legal outcomes.
The decision may also set a precedent for future cases where defendants claim their right to appeal was compromised due to their counsel's actions. It emphasizes the need for accountability among legal representatives and the judicial system's commitment to upholding defendants' rights.
What's Next
Howerton now has the opportunity to pursue an appeal of his conviction. The trial court will need to assess his financial status to determine if he qualifies for legal representation. The outcome of this appeal could have further implications for Howerton's future and may influence similar cases in the Texas legal system.