IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,576-02
EX PARTE DEMPSTER A. ROSS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W416-80539-2104-HC IN THE 416TH DISTRICT COURT
FROM COLLINS 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 arson and
sentenced to fifteen years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Ross
v. State, 05-14-01184-CR (Tex. App.—Dallas Jan. 13, 2016) (not designated for publication).
Applicant contends, among other things, that trial counsel failed to request or object to the
omission of an accomplice-witness instruction. The trial court made findings of fact and conclusions
of law and recommended that we deny relief. We believe that the trial court’s findings and
conclusions are not sufficient to resolve Applicant’s claim.
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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
may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In the appropriate case, the
trial court may rely on its personal recollection. Id.
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 Alisa Crouch was
an accomplice and what evidence, if any, corroborated her testimony and tended to connect
Applicant to the arson. See TEX . CODE CRIM . PROC. art. 38.14. The trial court shall also make further
findings and conclusions as to whether counsel’s conduct was deficient and Applicant was
prejudiced. The trial court shall also make any other findings and conclusions 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 must be
requested by the trial court and shall be obtained from this Court.
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Filed: June 20, 2018
Do not publish.