IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NOS. 1999-79-C2E AND 1999-80-C2E
IN THE 54TH JUDICIAL DISTRICT COURT
FROM MCLENNAN COUNTY
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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted in a single trial of various counts of aggravated sexual assault of a child and indecency with a child, involving two different complainants, and was sentenced to seventy-five years' imprisonment for each of the aggravated sexual assault counts, and twenty years' and ten years' imprisonment for the indecency counts. The Tenth Court of Appeals found the evidence insufficient to support the convictions on two of the counts of one of the indictments, but affirmed the remaining counts. Quinton v. State, Nos. 10-00-00090-CR and 10-00-00091-CR (Tex. App. - Waco, August 15, 2001).
Applicant has filed previous writs of habeas corpus challenging both of these convictions. This Court denied relief on his first writs, and dismissed later writs as subsequent applications. Tex. Code Crim. Proc. art. 11.07 §4. However, in these writs, Applicant presents what he claims to be newly discovered evidence which would provide a new factual basis for habeas review. Specifically, Applicant provides an affidavit from his daughter, the sister of one of the complainants and cousin of the other complainant, in which she states that she would have testified that the allegations against Applicant were fabricated by the complainants and their grandmother, and that she saw evidence of the fabrication prior to Applicant's trial. She also states in her affidavit that she wanted to testify on Applicant's behalf, but that her grandmother sent her to another city to live with relatives until after Applicant's trial, thereby preventing her from testifying.
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 shall determine whether Applicant's claim meets Tex. Code Crim. Proc. art. 11.07, § 4, and whether the evidence is credible and proves that Applicant is actually innocent under Ex parte Elizondo, 947 S.W.2d 202, 208 (Tex. Crim. App. 1996). The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.
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 supplement the record with copies of the trial transcript, and of the transcript of the hearing on Applicant's motion for a new trial. The trial court shall then make findings of fact as to whether the affidavit of Ieshia Quinton constitutes newly available evidence which could not have been discovered at the time Applicant filed his previous writs. The trial court shall make findings as to whether the affidavit of Ieshia Quinton is genuine and credible, and as to whether the facts asserted in the affidavit would likely have changed the outcome of the case had they been available to Applicant at the time of his trial. 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.
These applications 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: March 24, 2010
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