Ex parte Lemke

In Ex parte Lemke, 13 S.W.3d 791 (Tex. Crim. App. 2000), the Court of Criminal Appeals considered the meaning of the phrase "reasonable diligence" in section 4 of article 11.07 of the Texas Code of Criminal Procedure. Lemke filed a subsequent application under section 11.07, alleging his trial counsel had not conveyed plea offers to him made before the trial. Lemke, 13 S.W.3d at 793. The court held Lemke met his burden to show he had exercised reasonable diligence by testifying his attorney had repeatedly told him there were no plea offers on the table: We hold applicant exercised "reasonable diligence" by making several inquiries of his lawyer as to the existence of plea bargain offers by the State. Applicant was not required to query the district attorney about the existence of a plea bargain offers when he had been assured by his attorney that there were none. Given that applicant had previously asked his attorney about the existence of plea bargain offers, was told that none were made, and applicant otherwise did not doubt his attorney's representations, applicant satisfied section 4's requirement of "reasonable diligence." (Id. at 794-95.) The court also stated that reasonable diligence "suggests at least some kind of inquiry has been made into the matter at issue." Id. at 794.