Ja'Kroi Allen Banks v. Texas

Ja'Krai Banks filed an 11.07 on August 23, 2019. Banks -^ceived an affidavit from Private Investigator James McKay in March of 2020. Banks used McKay's affidavit to rebut Attorney Hubert Todd McCray's affidavit filed June 30, 2020. The rebuttal nor McKay's affidavit was acknowledge in the findings of fact and conclusions of law of the trial court. Is Banks entitled to pursue a subsequent writ with the newly discovered .evidence found in the affidavit of McKay? Ja’Kroi Ranks, Attorney Cornelius Cox, and Private Investigator James McKay's affidavits are in contradiction of Attorney Hubert Tbdd McCray’s affidavit, which the court exclusively used for its findings. Does the trial court failure to grant an evidentiary hearing to ascertain the truth of the contradictions deny Banks of the enforcement of his 6th and 14th Amendments? Many circuits have found the plea withdrawal hearing to be a critical stage in a criminal proceeding, however the Supreme Court, 5th Circuit, nor Texas Court of Criminal Appeals have not expressly ruled that the plea withdrawal hearing is a critical stage of the crim inal proceeding. Ts a plea withdrawal hearing a critical stage of the criminal proceeding? After the ruling on Shinn, how does an indigent pro se defendant enforce his right of effective assistance of trial counsel, afforded by Gideon, when as the Supreme ■Court has acknowledged in Trevino, Texas has an inadequate system to protect a defendant’s right to ineffective assistance of counsel?