Bell, James ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,724-01
EX PARTE JAMES BELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 24827-A IN THE 3RD DISTRICT COURT
FROM ANDERSON 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 aggravated sexual
assault of an elderly person and sentenced to fifty years’ imprisonment. He did not appeal his
conviction.
Applicant contends that he has newly-discovered evidence of actual innocence and that the
State withheld favorable evidence from the defense. Applicant also contends that trial counsel was
deficient for failing to conduct a thorough investigation and discover the exculpatory evidence.
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Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999); Brady v.
Maryland, 373 U.S. 83 (1963). 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 trial counsel to respond to Applicant’s claim
of ineffective assistance of counsel. The trial court shall also provide the prosecutor with the
opportunity to respond to Applicant’s claim that material, exculpatory evidence was improperly
suppressed. 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 DNA
report was given to the defense prior to trial. The trial court shall also 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
findings of fact regarding whether the prosecutor improperly suppressed evidence in this cause. 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
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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: March 18, 2015
Do not publish