Morrow, Gary Christopher ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-87,975-01; 87,975-02; 87,975-03; 87,975-04; 87,975-05; 87,975-06
EX PARTE GARY CHRISTOPHER MORROW, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR-13-24719; CR-13-24718; CR-13-24716; CR-13-24717;
CR-13-24720; CR-13-24722 IN THE 336TH DISTRICT COURT
FROM FANNIN 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three
aggravated assaults, an aggravated kidnapping, a burglary of a habitation, and an aggravated sexual
assault. He was sentenced to forty years’ imprisonment on the aggravated sexual assault, thirty
years’ imprisonment on the aggravated kidnapping, and twenty years’ imprisonment for each of the
aggravated assaults and the burglary. The Sixth Court of Appeals affirmed his convictions. Morrow
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v. State, 486 S.W.3d 139 (Tex. App.—Texarkana 2016)1.
Applicant contends that his trial counsel rendered ineffective assistance because he failed to
investigate and bring forth testimony that the complainant testified falsely about owning the home,
failed to conduct a Franks v. Delaware hearing to contest the legitimacy of the search warrant used
to obtain material evidence, failed to present a defense that a deadly weapon was not used in the
offenses, and failed to voir dire the venire on their attitude towards the low range of punishment.
He also alleges that false evidence was used to obtain his conviction.
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); Ex parte
Chabot, 300 S.W.3d 768, 772 (Tex. Crim. App. 2009). 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 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).
It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing,
it shall determine if Applicant is represented by counsel, and if not, 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.
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All of the convictions were addressed in this opinion even though they had separate
cause numbers: (1) aggravated sexual assault in cause number 06-15-00012-CR; (2) aggravated
assault with a deadly weapon in cause number 06-15-00014-CR; (3) aggravated assault with a
deadly weapon in cause number 06-15-00015-CR; (4) aggravated assault with a deadly weapon
in cause number 06-15-00016-CR; and (5) aggravated kidnapping in cause number
06-15-00017-CR.
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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 make findings regarding whether the
complainant’s testimony was false, and if so, whether that testimony was material to each of the
convictions. 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.
Filed: March 21, 2018
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