King, Courtland Wayne ( 2015 )


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  •               IN THE COURT OF CRIMINAL APPEALS
    OF TEXAS
    NO. WR-72,077-02
    EX PARTE COURTLAND WAYNE KING, Applicant
    ON APPLICATION FOR A WRIT OF HABEAS CORPUS
    CAUSE NO. W11-59371-U(A) IN THE 291ST 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 capital murder
    and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. King v.
    State, No. 05-12-00842-CR (Tex. App.—Dallas, Jan. 28, 2014) (not designated for publication).
    Applicant contends, among other things, that his appellate counsel rendered ineffective
    assistance because he did not recognize that the trial court granted of a motion for new trial and did
    not take action accordingly. The habeas record contains no record of a motion for new trial, no
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    response from the State, and no findings from the trial court.
    Applicant has alleged facts that, if true, might entitle him to relief. Smith v. Robbins, 
    528 U.S. 259
    , 285-86 (2000); Strickland v. Washington, 
    466 U.S. 668
    (1984). 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 shall order
    appellate counsel to respond to Applicant’s claim 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 a motion for
    new trial was granted in this case. If so, the trial court shall also make findings of fact and
    conclusions of law as to whether appellate counsel’s performance 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 shall
    be obtained from this Court.
    3
    Filed: July 1, 2015
    Do not publish
    

Document Info

Docket Number: WR-72,077-02

Filed Date: 7/1/2015

Precedential Status: Precedential

Modified Date: 9/16/2015