IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,790-01
EX PARTE MARCEL DAVIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W09-57260-R(A) IN THE 265TH DISTRICT COURT
FROM DALLAS 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 injury to a child
and sentenced to fifty years’ imprisonment. The Fifth Court of Appeals affirmed his conviction.
Davis v. State, No. 05-11-00585-CR (Tex. App.—Dallas Apr. 5, 2012) (not designated for
publication).
On March 18, 2015, we remanded this application for a second response from counsel and
further findings of fact and conclusions of law. After we received the supplemental record,
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Applicant filed a motion with the Court. He contends that he has not received a copy of the
supplemental record and that the District Clerk failed to comply with Article 11.07, § 7 of the Code
of Criminal Procedure.
In these circumstances, additional facts are needed. The trial court is the appropriate forum
for findings of fact. The trial court shall order the District Clerk to respond and state whether she
complied with § 7 after the record was developed on remand. 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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
After reviewing the District Clerk’s response, the trial court shall determine whether she
complied with § 7.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 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 45 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: August 26, 2015
Do not publish