IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,736-01
EX PARTE FREDERICK D. ERVIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 9402JD-HC-1 IN THE 1-A DISTRICT COURT
FROM JASPER 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 sexual
assault and sentenced to life imprisonment. He did not appeal his conviction.
Applicant contends that trial counsel rendered ineffective assistance. Applicant has alleged
facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); 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 trial counsel
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to respond to Applicant’s ineffective assistance of counsel claims. 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 counsel’s
conduct was deficient and Applicant was prejudiced. The trial court shall also make findings and
conclusions as to whether Applicant’s claim is barred by the doctrine of laches. In doing so, the trial
court shall give Applicant an opportunity to respond and explain his delay. Ex parte Smith, 444
S.W.3d 661, 670 (Tex. Crim. App. 2014). The trial court shall also make any other findings and
conclusions 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: April 15, 2015
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