Opinion
WR-95,541-01
09-04-2024
EX PARTE LEROY HILBERT ZUBIATE, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 13935-A IN THE 118TH DISTRICT COURT FROM HOWARD COUNTY
ORDER
PER CURIAM.
Applicant was convicted of aggravated assault and sentenced to twelve years' imprisonment. The Eleventh Court of Appeals affirmed his conviction. Zubiate v. State, No. 11-14-00250 (Tex. App.-Eastland Sep. 8, 2016)(not designated for publication). 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 he was denied the right to confront adverse witnesses at his parole revocation hearing in violation of the Confrontation Clause of the U.S. Constitution because the witnesses at his hearing were not present in person, but instead testified via Zoom. We order that this application be filed and set for submission to determine whether allowing witnesses to testify remotely, such as via Zoom, violates the Confrontation Clause of the U.S. Constitution in the context of a parole revocation hearing. The parties shall brief these issues. Oral argument is permitted.
It appears that Applicant is represented by counsel. Applicant's brief shall be filed with this Court within 30 days of the date of this order. The State's response shall be filed within 30 days after the filing of Applicant's brief.