IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-73,501-03
EX PARTE KEITH DEWAYNE HAYNES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1018952 IN THE 263RD DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
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 assault
(family violence) and sentenced to thirty years’ imprisonment. He did not appeal his conviction.
Applicant contends that he is actually innocent of the offense based on the recantation of the
complainant. 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. We believe that
in recantation cases such as this one, before we make the important decision of whether Applicant
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is entitled to relief, the record should be more fully developed. The trial court shall therefore conduct
a live evidentiary hearing on the matter at which, at a minimum, the complainant shall be called to
testify.
Before the trial court holds 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 make findings of fact and conclusions of law in regard to Applicant’s
claim that the complainant’s recantation proves he is actually innocent of the offense. The trial court
shall make specific findings addressing the complainant’s credibility and the circumstances of her
recantation. The trial court shall specifically weigh the evidence of Applicant’s guilt against the new
evidence of innocence. See Ex parte Tuley, 109 S.W.3d 388, 393 (Tex. Crim. App. 2002). 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.
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: December 17, 2014
Do not publish
Haynes, Keith Dewayne
Combined Opinion