IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. 06-1-7346 IN THE 24TH JUDICIAL DISTRICT COURT
JACKSON COUNTY
O R D E R
This is a post-conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071.
In December 2008, a jury convicted Applicant of the offense of capital murder. The jury answered the special issues submitted under Article 37.071 of the Texas Code of Criminal Procedure, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Norman v. State, No. AP-76,063 (Tex. Crim. App. February 16, 2011)(not designated for publication).
Applicant presents seven allegations in his application in which he challenges the validity of his conviction and resulting sentence. In Allegation G, he claims that he "was denied a fair trial when the State offered misleading, inaccurate and perjurious testimony of A. P. Merillat." The trial court found that "the complained of testimony of A. P. Merillat 'that an individual sentence[d] to life for capital murder could have his classification changed after ten years' was accurate, since [Applicant] would have been sentenced to life and not life without parole." However, the trial court findings do not address the other examples of Merillat's allegedly inaccurate testimony that are contained in the affidavit of Frank AuBuchon, which is attached as an exhibit to the habeas application. Therefore, this cause is remanded to the trial court to make further findings of fact and conclusions of law in this regard.
This application for habeas corpus relief will be held in abeyance pending the trial court's compliance with this order. The trial court shall resolve the issues presented within 60 days of the date of this order. (1) A supplemental transcript containing additional findings of fact and conclusions of law shall be returned to this Court within 90 days of the date of this order. (2)
IT IS SO ORDERED THIS THE 24TH DAY OF AUGUST, 2011.
Do Not Publish
1. In the event any continuances are granted, copies of the order granting the continuance
should be provided to this Court.
2. Any extensions of this time period should be obtained from this Court.