Procter, Ulessia ( 2019 )


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  •              IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-90,522-01
    EX PARTE ULESSIA PROCTER, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. 1372857-A IN THE 208TH DISTRICT COURT
    FROM HARRIS 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 murder and
    sentenced to thirty-five years’ imprisonment. The Fourteenth Court of Appeals affirmed her
    conviction. Procter v. State, No. 14-15-00256-CR (Tex. App.—Houston [14th]) Aug. 11, 2016 (not
    designated for publication).
    Applicant contends that her trial counsel rendered ineffective assistance by failing to
    investigate and advance a defense of battered woman’s syndrome and failing to investigate the
    alleged enhancements and inform her regarding how those enhancements would affect her sentence.
    2
    Applicant has alleged facts that, if true, might entitle her to relief. Strickland v. Washington,
    
    466 U.S. 668
    (1984); Ex parte Patterson, 
    993 S.W.2d 114
    , 115 (Tex. Crim. App. 1999). In these
    circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 
    334 S.W.2d 294
    , 294
    (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court
    has signed an order designating issues and ordering trial counsel to respond. There is no affidavit
    from counsel in the habeas record forwarded to this Court. The trial court shall obtain an affidavit
    from trial counsel responding to Applicant’s claims of ineffective assistance of counsel. The trial
    court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
    If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
    If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
    attorney to represent Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
    The trial court shall make findings of fact and conclusions of law as to whether the
    performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
    performance prejudiced Applicant. The trial court shall also make any other findings of fact and
    conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for
    habeas corpus relief.
    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 must
    be requested by the trial court and shall be obtained from this Court.
    3
    Filed: November 6, 2019
    Do not publish
    

Document Info

Docket Number: WR-90,522-01

Filed Date: 11/6/2019

Precedential Status: Precedential

Modified Date: 11/7/2019