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Ex parte Allison

Court of Criminal Appeals of Texas
Feb 8, 2023
WR-92,978-01 (Tex. Crim. App. Feb. 8, 2023)

Opinion

WR-92,978-01

02-08-2023

EX PARTE TREKEYMIAN JAMAL ALLISON, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 46569-A-H-1 IN THE 188TH DISTRICT COURT FROM GREGG COUNTY

ORDER

Per curiam.

Applicant was convicted of two counts of possession of a firearm by a felon and sentenced to five years' imprisonment in each count. 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.

On November 3, 2021, this Court denied this application based on the findings of the trial court without a hearing. It has come to the Court's attention that the habeas judge who adopted the State's proposed findings of fact was Applicant's defense counsel for the original plea in this cause and so was disqualified to consider Applicant's habeas application.

Therefore, this Court now reconsiders on its own motion the denial without written order on the findings of the trial court and remands this application to have a different judge consider the Applicant's claims.

The newly assigned judge 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.


Summaries of

Ex parte Allison

Court of Criminal Appeals of Texas
Feb 8, 2023
WR-92,978-01 (Tex. Crim. App. Feb. 8, 2023)
Case details for

Ex parte Allison

Case Details

Full title:EX PARTE TREKEYMIAN JAMAL ALLISON, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Feb 8, 2023

Citations

WR-92,978-01 (Tex. Crim. App. Feb. 8, 2023)