IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,495-02
EX PARTE JAMES PRESTON BALES, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 114-0680-15-A IN THE 114TH DISTRICT COURT
FROM SMITH 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 life imprisonment. The Twelfth Court of Appeals affirmed his conviction. Bales v.
State, No. 12-16-00048-CR (Tex. App.—Tyler Feb. 8, 2017) (not designated for publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
both before and during the trial.
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
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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. Trial counsel
has submitted an affidavit in response to Applicant’s claims. Should the trial court determine it needs
more information from counsel, it shall order trial counsel to provide a supplemental affidavit in
response to Applicant’s claims of ineffective assistance of counsel. 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.
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. Specifically, the trial court shall make findings as to whether
counsel misadvised Applicant about how self defense would apply at trial. If the trial court finds
counsel gave incorrect advice and Applicant would have accepted a plea bargain offer but for that
advice, the court shall make specific findings as to whether the prosecution would have withdrawn
the offer and whether the trial court would have accepted the offer. The trial court shall also make
specific findings determining whether counsel erred in not making specific objections to the jury
charge, and if so, whether Applicant was harmed. 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
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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.
Filed: April 10, 2019
Do not publish