Hardeman, Willie Eugene ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-27,263-07
EX PARTE WILLIE EUGENE HARDEMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10-10380-A IN THE 252ND DISTRICT COURT
FROM JEFFERSON 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 aggravated
robbery and sentenced to seventy-five years’ imprisonment. The Ninth Court of Appeals affirmed
his conviction. Hardeman v. State, No. 09-13-00468-CR (Tex. App.—Beaumont Nov. 19,
2014)(not designated for publication).
In his supplemental application, Applicant contends, among other things, that counsel failed
to interview the individual that actually committed the offense, failed to present exculpatory
evidence (an unsworn declaration from the “true perpetrator”) that would have exonerated him,
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failed to present results from a competency hearing, failed to introduce records from the Department
of Veterans Affairs pertaining to Applicant’s mental and physical conditions, and failed to object to
the trial judge’s attempts to coerce Applicant into pleading guilty. Applicant also alleges his plea
was involuntary because trial counsel told Applicant that the trial judge wanted the case off his
docket and if Applicant insisted on going to trial, the judge would make sure Applicant received a
life sentence. Applicant claims he told counsel he was innocent, but counsel continued to coerce and
pressure Applicant, and threatened to withdraw from representing Applicant if he insisted on going
to trial.
Applicant has alleged facts that, if true, might entitle him to relief. 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 may use any
means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
If 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 Applicant at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law in regard to Applicant’s
claim that his plea was involuntary. The trial court shall also make findings as to whether the
performance of Applicant’s attorney was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. 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.
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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: November 2, 2016
Do not publish