IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
CAUSE NO. 2007-414858 IN THE 364TH DISTRICT COURT
FROM LUBBOCK 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 possession of a controlled substance and was sentenced to ninety-nine years' imprisonment.
Applicant complains in his habeas application of two alleged instances of ineffective assistance of trial counsel. He asserts that counsel was ineffective for not preserving for appellate review the denial of a motion to suppress and for not presenting at trial evidence contained in a co-defendant's statement to police. He also argues that a conflict of interest prevented trial counsel from adequately representing him, and he claims the trial court should not have appointed this trial counsel because of the conflict. We order this application be filed and set for submission on Applicant's ineffective assistance of counsel claim regarding counsel's failing to preserve the denial of the motion to suppress. Applicant's motion to expand the habeas record with Objections is also granted. The remaining claims lack merit and are denied. The parties shall brief the following issue:
Whether Applicant was denied effective assistance of trial counsel when counsel filed and argued, before trial, a motion to suppress evidence obtained from a search conducted pursuant to a warrant, which was denied, but failed to preserve the issue of the validity of the search warrant for appellate review. See Strickland v. Washington, 466 U.S. 668 (1984).
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 either the order appointing counsel or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before September 11, 2012.
Filed: June 13, 2012
Do not publish