IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-72,807-04
EX PARTE ISMAIL SHABAZZ, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 8785 IN THE 411TH DISTRICT COURT
FROM TRINITY 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 murder and
sentenced to fifty years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction.
Shabazz v. State, No. 13-05-00237-CR (Tex. App.—Corpus Christi–Edinburg May 11, 2006) (not
designated for publication).
Applicant contends that a juror was related to the victim and was biased. He also alleges that
when the prosecutor learned of this, he committed prosecutorial misconduct when he told the juror
that “it was better that she was related to the victim” and did not report this conversation to the court
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or the defense. The record contains an affidavit from the juror dated after Applicant’s prior writ was
decided.
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. 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 Applicant 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 one of the
jurors was biased against Applicant, depriving him of a fair trial by an impartial jury. The trial court
shall also make findings of fact addressing Applicant’s contention that the prosecutor committed
prosecutorial misconduct. 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: March 2, 2016
Do not publish
Shabazz, Ismail
Combined Opinion