Ebert, Timothy Wayne ( 2011 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-76,453-01

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EX PARTE TIMOTHY WAYNE EBERT, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR25370 IN THE 253RD DISTRICT COURT FROM LIBERTY COUNTY

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     Per curiam. O R D E R  

   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 murder and sentenced to imprisonment for life. He did not appeal his conviction.   

On August 31, 2011, the trial court signed an order designating issues. The habeas record has been forwarded to this Court prematurely. We remand this application to Liberty County to allow the trial court to complete an evidentiary investigation and enter findings of fact and conclusions of law.  

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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.   

Filed: October 5, 2011

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