IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NUMBER 770224-A IN THE 262ND
DISTRICT COURT HARRIS COUNTY
Per curiam.
O R D E R
This is an application for a writ of habeas corpus that was transmitted to this Court by the clerk of the trial court pursuant to the provisions of Article 11.07, Section 3, of the Texas Code of Criminal Procedure. Ex Parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was found guilty of murder and was sentenced to life in prison. The conviction was subsequently affirmed on direct appeal in an unpublished opinion. Shelling v. State, No. 01-98-01048-CR (Tex. App.--Houston [1st Dist.] delivered May 3, 2001, pet. ref'd).
In this application for a writ of habeas corpus, Applicant contends that he was denied due process and that his trial counsel provided ineffective assistance. While the trial court has entered findings of fact and conclusions of law, it is this Court's opinion that additional information is needed before this Court can render a decision on these grounds. Because this Court does not hear evidence, though, the trial court is the appropriate forum. Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960). Thus, the trial court shall resolve these issues as set out in Article 11.07, Section 3(d), of the Texas Code of Criminal Procedure. The trial court may hold an evidentiary hearing, or it may order additional affidavits, depositions, or interrogatories.
Applicant is currently represented by retained counsel. If the court orders an evidentiary hearing, and Applicant is not represented by retained counsel before or at the evidentiary hearing, the trial court shall decide whether Applicant is indigent. If the court finds that Applicant is indigent, and Applicant desires to be represented by counsel, the court will then, pursuant to the provisions of Article 26.04 of the Texas Code of Criminal Procedure, appoint an attorney to represent him at the hearing.
Following the hearing, the trial court shall make written findings of fact and conclusions of law regarding: (1) whether Applicant's trial counsel was ineffective for failing to adequately object to the introduction or solicitation of the O.J. Simpson evidence, testimony, or statements; (2) whether Applicant's trial counsel was ineffective due to an actual conflict of interest that affected the adequacy of his representation; and (3) if an actual conflict of interest existed, whether Applicant was informed by counsel of and consented to counsel's continued representation. The trial court shall also make any further findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's application for habeas corpus relief.
Further, because this Court does not hear evidence, Ex parte Rodriguez, 334 S.W.2d at 294, this application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. Resolution of the issues shall be accomplished by the trial court within 90 days of the date of this order. (1) A supplemental transcript containing the transcription of the court reporter's notes from the hearing 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. (2)
DELIVERED: APRIL 26, 2006
DO NOT PUBLISH
1. 2.