IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,984-01
EX PARTE NEIMAN ANTWONE ROSS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W13-56830-K(A)
IN THE CRIMINAL DISTRICT COURT NO. 4
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 murder and
sentenced to twenty years’ imprisonment. He did not appeal his conviction.
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because counsel did not adequately inform him of the weaknesses of the State’s case and the
opportunity to suppress police statements.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Moody, 991
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S.W.2d 856, 857–58 (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. 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 the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall make specific findings detailing how
counsel advised Applicant about the viability of the State’s case and whether counsel erred. The trial
court shall also make specific findings addressing the credibility of Applicant’s claim that but for
counsel’s alleged errors, he would have insisted on a jury trial. 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 must
be requested by the trial court and shall be obtained from this Court.
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Filed: November 14, 2018
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