IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,918-01
EX PARTE EDDIE L. JACKSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2008-420,892-A IN THE 364TH DISTRICT COURT
FROM LUBBOCK 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 possession of a
controlled substance and sentenced to twenty-five years’ imprisonment. He did not appeal his
conviction.
Applicant contends, among other things, that trial counsel rendered ineffective assistance and
that Christopher Charles Brantley committed perjury in a sworn affidavit. The trial court concluded
that Applicant had not met his burden of proof and recommended that we deny relief. We believe
that the record should be further developed.
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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 to respond to Applicant’s claim of ineffective assistance of counsel as set
out in his application. 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 further findings of fact and conclusions of law as to whether trial
counsel’s conduct was deficient and Applicant would have insisted on a trial but for her alleged
deficient conduct. The trial court shall also make findings and conclusions as to whether Christopher
Charles Brantley committed perjury in a sworn affidavit and, as a result, Applicant’s due process
rights were violated. 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 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
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be obtained from this Court.
Filed: May 18, 2016
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