IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 20060D03360 IN THE 409TH DISTRICT COURT
FROM EL PASO 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 sexual assault of a child and was sentenced to life imprisonment.
Applicant raises several claims in his writ application, including trial court error, the denial of a fair and impartial jury, ineffective assistance of trial counsel, and actual innocence. The bare claims of trial court error and the denial of a fair and impartial jury are procedurally barred from habeas review, and the actual innocence claim lacks merit. They are therefore denied.
Regarding Applicant's ineffective assistance of counsel claims, we order that this application be filed and set for submission to determine whether there was deficient performance and resulting harm. See Strickland v. Washington, 466 U.S. 668 (1984). The parties shall brief the following issues.
1. Whether Applicant was denied effective assistance of trial counsel when trial counsel: (a) did not object to the trial court's response to a jury note as violating the mandates of Article 36.27 of the Code of Criminal Procedure; and (b) did not object to the contents of the trial court's response as threatening to the jury and resulting in the deprivation of a fair and impartial jury.
2. Whether the actions of Applicant's trial counsel denied him a fair and impartial jury when trial counsel, allegedly, did not adequately question the venire panel during voir dire to reveal that one of the venire members who later served on the jury had been a victim of crimes in the past even though the juror had indicated on a questionnaire that the juror had not been such a victim.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before December 12, 2012.
Filed: September 12, 2012
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