Opinion
NO. WR-61,119-14 NO. WR-61,119-15 NO. WR-61,119-16
08-23-2017
EX PARTE BRAD MICHAEL CHILDERS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W380-81374-02-HC4 & W380-81373-02-HC4 & W380-81375-02-HC4 IN THE 380TH JUDICIAL DISTRICT COURT FROM COLLIN 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of three counts of aggravated robbery and sentenced to fifty years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Childers v. State, Nos. 05-04-00925-CR & 05-04-00926-CR & 05-04-00927-CR (Tex. App.—Dallas Oct. 19, 2005) (not designated for publication).
The parties have filed, with the agreement of the trial court, an "Agreed Request for Remand of Applications for Writ of Habeas Corpus." Specifically, the filing states that amended habeas corpus applications have been filed raising two additional grounds for relief and the parties request we remand this matter to the trial court for resolution of these additional grounds. We find the parties request reasonable and remand this matter to the trial court.
The record reflects that Applicant is currently represented by counsel. However, if that is no longer true, and 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 regarding the additional claims raised in Applicant's amended habeas corpus applications. 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.
These applications 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. Filed: August 23, 2017
Do not publish