IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,034-01
EX PARTE RONALD J. EUBANKS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W92-67690-N(A) IN THE 195TH 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 sexual
assault and sentenced to ten years’ imprisonment. The Eleventh Court of Appeals affirmed his
conviction. Eubanks v. State, No. 11-93-00236-CR (Tex. App.—Eastland June 16, 1994) (not
designated for publication).
Applicant contends, among other things, that had scientific evidence, which was unavailable
at the time of his trial and would now be admissible, been presented at his trial, on the preponderance
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of the evidence he would not have been convicted. TEX . CODE CRIM . PROC. art. 11.073. We order
that this application be filed and set for submission to determine whether Applicant is entitled to
relief under Article 11.073. The parties shall brief this issue.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall
determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by
counsel, the trial court shall appoint an attorney to represent Applicant. TEX . CODE CRIM . PROC. art
26.04. The trial court shall send to this Court, within 60 days of the date of this order, a
supplemental transcript containing: a confirmation that Applicant is represented by counsel; the
order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with
this Court within 90 days of the date of this order.
Filed: May 18, 2016
Do not publish