IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-72,942-03
EX PARTE JAMES RAY MIKE, JR., Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W06-30152-M (B) IN THE 194TH DISTRICT COURT
FROM DALLAS 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 and sentenced to thirty-seven years’ imprisonment. The Fifth Court of Appeals dismissed
his appeal. Mike v. State, No. 05-08-00918-CR (Tex. App.—Dallas Aug. 4, 2008).
Applicant contends, among other things, that trial counsel rendered ineffective assistance
because he failed to subpoena Ahmad Maarouf. On November 27, 2013, we remanded this
application and directed the trial court to, among other things, “make findings of fact as to whether
the exhibits Applicant cites in his memorandum were filed with his application but not forwarded
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to this Court with the habeas record.” The trial court, however, failed to make these findings.
Accordingly, the trial court shall make these findings.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 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 45 days of the date of this order. Any extensions of time shall be
obtained from this Court.
Filed: March 9, 2016
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