Murphy, Thomas Lamont ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-35,660-03
EX PARTE THOMAS LAMONT MURPHY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W93-40746-N(C) IN THE 195TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of the offense of
aggravated robbery and sentenced to imprisonment for forty-five years. The Fifth Court of Appeals
affirmed his conviction. Murphy v. State, 05-93-00831-CR (Tex. App. — Dallas, May 30, 1995, pet.
ref’d) (not designated for publication).
The Applicant alleges, among other things, that he has newly discovered evidence of actual
innocence in the form of exculpatory evidence that was withheld from the defense prior to trial in
this case. The State responds to Applicant’s allegations, in pertinent part:
The State believes that further factual investigation is necessary to determine the
merit, if any, to applicant's instant habeas allegations. The State has ordered the
appellate records and police files pertaining to applicant's and his co-defendant's case.
Once the State has received these records and investigated applicant's claims, the
State will file a supplemental response.
On September 3, 2014, a timely order designating issues was signed by the trial court. The
habeas record was then properly forwarded to this Court pursuant to TEX . R. APP . P. 73.4 (b)(5), but
without the designated issues being resolved by the trial court.1 We remand this application to the
195th District Court of Dallas County to allow the trial judge to complete an evidentiary investigation
and enter findings of fact and conclusions of law.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time shall
be obtained from this Court.
Filed: April 1, 2015
Do not publish
1
Under TEX . R. APP . P. 73.5, a trial court may request an extension of time to resolve
designated issues by filing a motion before the expiration of 180 days from the date of the receipt
of the application by the State.