Leander, TX asked in Appeals / Appellate Law, Criminal Law and Gov & Administrative Law for Texas

Q: Seeking relief via habeas corpus for my daughter's enhanced charge, questioning counsel effectiveness, bipolar impact.

I am working on a writ of habeas corpus for my adult daughter, who is serving time for evading arrest in a vehicle. The charge was enhanced with a "deadly weapon" allegation, increasing the potential penalty to 2-10 years. She has no prior record and was not informed of the enhancement's implications. She signed a plea agreement for 4 years of deferred adjudication after less than an hour of discussion with a public defender. My daughter has bipolar disorder and was in a manic episode during the incident, which was not addressed in her defense. She was later remanded to a mental health facility, and we have a letter indicating her altered mental state. I'm arguing ineffective assistance of counsel due to these factors. Can these arguments hold merit in pursuing relief through a writ of habeas corpus?

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