Nugent, Gerald Glenn Jr ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,955-01
EX PARTE GERALD GLENN NUGENT, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR28370-A IN THE 253RD DISTRICT COURT
FROM LIBERTY 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 the offense of
murder and sentenced to imprisonment for sixty years.
On, January 29, 2019, Applicant filed this application for a writ of habeas corpus in the trial
court. On or about March 1, 2019, Applicant mailed additional supporting documents and evidence
to the Liberty County District Clerk for filing in this cause. This Court received the habeas
application from Liberty County on May 28, 2019, but the record did not include the supplemental
evidence and documents submitted by Applicant in support of the application, although those
supplemental documents were allegedly filed in the trial court before the application was forwarded
to this Court. Under Rule 73.4 of the Texas Rules of Appellate Procedure, the district clerk is
required to include all supplements in the record forwarded to this Court. If such supplements are
received after the record has been forwarded to this Court, the district clerk has a continuing duty
to immediately forward such supplemental materials to this Court.
We remand this application to the 253rd District Court of Liberty County to insure that the
record includes all supplemental information, documents or evidence filed in Liberty County
pertaining to this cause.
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 findings of fact and conclusions of law if such findings and
conclusions are entered, 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: July 24, 2019
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