In The
Court of Appeals
Ninth District of Texas at Beaumont
________________
NO. 09-12-00505-CR
________________
THE STATE OF TEXAS, Appellant
V.
ERIC MICHAEL HEILMAN, Appellee
____________________________________________________________________
On Appeal from the County Court No. 2
Jefferson County, Texas
Trial Cause No. 285580
____________________________________________________________________
MEMORANDUM OPINION
The trial court granted habeas corpus relief to Eric Michael Heilman. State v.
Heilman, 413 S.W.3d 503, 505 (Tex. App.—Beaumont 2013), rev’d, Ex parte
Heilman, 456 S.W.3d 159 (Tex. Crim. App. 2015). Heilman’s application for writ
of habeas corpus asserted that his plea was involuntary and he had received
ineffective assistance of counsel. Id. Before the hearing on Heilman’s application,
the habeas court requested briefs from the parties on the issue of whether the
prosecution was barred by the statute of limitations. Id. at 506. The trial court’s
1
order stated that the basis for granting habeas relief was the trial court’s
determination that Heilman’s prosecution was barred by the statute of limitations.
Id. The State appealed, and this Court affirmed the trial court’s order. Id. at 509.
The Court of Criminal Appeals granted the State’s petition for discretionary review
and held that Heilman’s limitations defense was a forfeitable right and Heilman
had waived his right to assert a limitations defense, and the Court remanded the
case “to the court of appeals to assess Heilman’s other claims.” Ex parte Heilman,
456 S.W.3d at 160, 169.
After the Court of Criminal Appeals remanded the case to this Court, we
gave the parties an opportunity to raise additional arguments, and the parties
declined to do so. The trial court has not yet addressed Heilman’s remaining
claims. In accordance with the mandate from the Court of Criminal Appeals, we
remand the cause to the trial court.
REMANDED.
________________________________
LEANNE JOHNSON
Justice
Submitted on May 27, 2015
Opinion Delivered June 24, 2015
Before Kreger, Horton, and Johnson, JJ.
2