IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,832-01
EX PARTE KEVIN ANTONIO OWENS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1316170-A IN THE 248TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of capital murder and sentenced to life imprisonment. The
Fourteenth Court of Appeals affirmed his conviction. Owens v. State, No. 14-14-00109-CR (Tex.
App.—Houston [14th Dist.] del. Apr. 28, 2015). Applicant filed this application for a writ of habeas
corpus in the county of conviction, and the district clerk forwarded it to this Court. See TEX . CODE
CRIM . PROC. art. 11.07.
Applicant raises several claims, including claims of ineffective assistance of trial and
appellate counsel and State misconduct. There is no response from either counsel in the habeas
record or findings from the trial court.
2
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
and appellate counsel to respond to Applicant’s claims. In developing the record, the trial court may
use any means set out in Article 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 wants to be represented by
counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM .
PROC. art. 26.04. If counsel is appointed or retained, the trial court shall immediately notify this
Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law regarding Applicant’s
habeas claims, and the trial court may make any other findings and conclusions that it deems
appropriate. The trial court shall make findings of fact and conclusions of law within ninety days
from the date of this order. The district clerk shall then immediately forward to this Court the trial
court’s findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: April 15, 2020
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