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 March 4, 2015, we remanded this application so the trial court could complete its
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evidentiary investigation and make findings of fact and conclusions of law. On remand, the trial
court found that appellate counsel failed to comply with Ex parte Wilson, 956 S.W.2d 25 (Tex. Crim.
App. 1997). It recommended that we grant Applicant an out-of-time petition for discretionary
review. There is no response from appellate counsel in the record, however, and before being found
ineffective, counsel should ordinarily be given the opportunity to explain his conduct. Rylander v.
State, 101 S.W.3d 107, 111 (Tex. Crim. App. 2003). The trial court shall order appellate counsel
to respond. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and 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 further findings and conclusions as to whether appellate counsel
was deficient and Applicant was prejudiced. 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: January 13, 2016
Do not publish