Cameron, Paul Houston ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-52,526-02
EX PARTE PAUL HOUSTON CAMERON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1995CR5164-W2 IN THE 379TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. HERVEY and RICHARDSON , JJ., not participating.
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 Fourth Court of Appeals affirmed his conviction. Cameron
v. State, 988 S.W.2d 835 (Tex. App.—San Antonio 1999).
Applicant has filed a motion to remand his application to the trial court and a motion for
leave to file a second amended application. His motions are granted. Nothing in Article 11.07 of the
Code of Criminal Procedure precludes an applicant from filing an amended application in the trial
court while his application is pending before this Court. See Ex parte Saenz, 491 S.W.3d 819, 824
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(Tex. Crim. App. 2016) (“In general, when an applicant files amended or supplemental pleadings
raising additional claims before we have disposed of his pending application, we consider the merits
of his claims, so long as the pleadings comply with the rules and procedures in Article 11.07 and
Rule of Appellate Procedure 73.1, and so long as the claims are otherwise cognizable and ripe for
review.”). An amended application must, however, be filed in the county of conviction, not in this
Court. See TEX . CODE CRIM . PROC. art. 11.07, § 3(b) (“An application for writ of habeas corpus filed
after final conviction in a felony case, other than a case in which the death penalty is imposed, must
be filed with the clerk of the court in which the conviction being challenged was obtained. . . .”).
If Applicant files an amended application, he shall file it in the county of conviction within
fifteen days of the date of this order, and the trial court shall make further findings of fact and
conclusions of law in response to his amended application. The trial court may use any means set
out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and 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 him at the hearing. TEX .
CODE CRIM . PROC. art. 26.04.
If Applicant files an amended application within fifteen days of the date of this order, the trial
court shall make further findings of fact and conclusions of law. 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 amended application.
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
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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 28, 2018
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