Pickens, Leroy Jr. ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,570-01
EX PARTE LEROY PICKENS, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 3274-A IN THE 35TH DISTRICT COURT
FROM MILLS COUNTY
Per curiam.
ORDER
Applicant was convicted of possession of a controlled substance and sentenced to ten years’
imprisonment. The Court of Appeals affirmed his conviction. Pickens v. State, No. 03-19-00194-CR
(Tex. App.—Austin, Oct. 16, 2019). Applicant filed this application for a writ of habeas corpus in
the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM .
PROC. art. 11.07.
Applicant contends that trial counsel was ineffective because he failed to object to the State’s
hearsay evidence, to the admission of lab tests without the testimony of the lab analysts, and to the
State’s failure to establish chain of custody of the evidence, and failed to conduct a pre-trial
investigation into lab and fingerprint evidence. Applicant has alleged facts that, if true, might entitle
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him to relief. Strickland v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be
developed. The trial court is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art.
11.07, § 3(d). The trial court shall order trial counsel to respond to Applicant’s claim. In developing
the record, the trial court may use any means set out in Article 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
wants to be represented by counsel, the trial court shall appoint counsel to represent him at the
hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial court
shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant was prejudiced. The trial court may make any other
findings and conclusions that it deems appropriate in response to Applicant’s.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: October 7, 2020
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