IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,815-01
EX PARTE CORDERRAL JOHN SMITH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR28321-A IN THE 253RD DISTRICT COURT
FROM LIBERTY 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 capital murder
and sentenced to imprisonment for life. The Thirteenth Court of Appeals affirmed the judgment of
conviction. Smith v. State, No. 13-10-00552-CR (Tex. App.—Corpus Christi–Edinburg Apr. 12,
2012) (not designated for publication).
Applicant contends, among other things, that trial and appellant counsel rendered ineffective
assistance. On April 30 and May 6, 2014, the trial court signed orders appointing habeas counsel to
represent Applicant. On October 21, 2014, the trial court entered an untimely order designating
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issues. It appears that the District Clerk forwarded this application pursuant to Rule of Appellate
Procedure 73.4(b)(5). We remand this application to the 253rd District Court of Liberty County to
allow the trial judge to complete an evidentiary investigation and enter findings of fact and
conclusions of law.
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: March 4, 2015
Do not publish