Jacques, Michael ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-67,418-02
EX PARTE MICHAEL JACQUES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20020D03178 IN THE 384TH DISTRICT COURT
FROM EL PASO 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 Eighth Court of Appeals affirmed his conviction. Jacques
v. State, 08-02-00491-CR (Tex. App.– El Paso Aug. 12, 2004).
Applicant contends that he is actually innocent based on newly discovered evidence, false
testimony, and unreliable science. Applicant, through counsel, has filed a 96 page memorandum.
Counsel signed a certificate of compliance, stating the memorandum was exactly 15,000 words, in
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accordance with Rule 73.1(d) of the Texas Rules of Appellate Procedure. Rule 73.1 states:
Length. Each ground for relief and supporting facts raised on the form
shall not exceed the two pages provided for each ground in the form.
The applicant or petitioner may file a separate memorandum. This
memorandum shall comply with these rules and shall not exceed
15,000 words if computer-generated or 50 pages if not. If the total
number of pages, including those in the original and any additional
memoranda, exceed the word or page limits, an application may be
dismissed unless the convicting court for good cause shown grants
leave to exceed the prescribed limits. The prescribed limits do not
include appendices, exhibits, cover page, table of contents, table of
authorities, and certificate of compliance.
TEX . R. APP . P. 73.1(d). Given the extreme length of Applicant’s attached memorandum,
additional facts are needed in order for this Court to ascertain whether this application is in
compliance with the rules. 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 may use any
means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
memorandum, excluding appendices, exhibits, cover page, table of contents, table of authorities, and
certificate of compliance, is 15,000 words or less. The trial court shall also make findings of fact
and conclusions of law as to whether Applicant’s memorandum is in compliance with TEX . R. APP .
P. 73.1(d). The trial court shall also make any other findings of fact and conclusions of law that it
deems relevant and appropriate.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 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
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deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 60 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: November 19, 2014
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