IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. C-17,995 IN THE 173RD DISTRICT COURT
FROM HENDERSON 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 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 aggravated robbery and sentenced to imprisonment for life. The Twelfth Court of Appeals affirmed his conviction. Robinson v. State, No. 12-11-00252-CR (Tex. App.--Tyler 2012, no pet.).
Applicant contends that trial counsel is legally blind and that her conduct was deficient because she failed to impeach a Detective Carlow and was unable to view photo arrays, read a DNA report, and determine whether Applicant was the person depicted in a video. Applicant also contends that appellate counsel failed to timely notify him of his right to file a pro se petition for discretionary review. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim. App. 1997); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 order counsel to respond to each of Applicant's claims that counsel was ineffective at trial and to his claim that counsel failed to timely notify him that he could file a pro se petition for discretionary review. 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.
The trial court shall make findings of fact and conclusions of law as to whether the performance of counsel was deficient at trial and, if so, whether counsel's deficient performance prejudiced Applicant. The trial court shall also make findings and conclusions as to whether counsel's conduct deprived Applicant of his right to timely file a pro se petition for discretionary review. 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 claims for habeas corpus relief.
This application 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. 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 120 days of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: November 14, 2012
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