Opinion
WR-91 498-01
09-15-2021
EX PARTE SEAN DOUGLAS ALSIP, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. CR-13-00185A IN THE 294TH DISTRICT COURT FROM VAN ZANDT COUNTY
ORDER
Per curiam.
Applicant was convicted of five counts of injury to a child and sentenced to eighteen years' imprisonment on each count. He waived his right to appeal. 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 contends that trial counsel was ineffective because he failed to adequately investigate a possible defense that the child had a medical condition which caused his injuries and because counsel should not have advised him to waive his right to appeal in exchange for eighteen year sentences in these convictions. Applicant has alleged facts that, if true, might entitle 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 counsel to respond to Applicant's claim regarding the advice to waive his appeal. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d).
The trial court made findings regarding some of Applicant's grounds, but failed to make substantive findings regarding Applicant's claim that counsel failed to adequately investigate the child's possible medical condition. The trial court shall make supplemental findings of fact and conclusions of law as to whether trial counsel's performance was deficient, whether counsel's decision not to investigate or hire experts regarding brittle bone disease was reasonable trial strategy given the circumstances of the case, and whether Applicant was prejudiced by counsel's decisions. The trial court shall also amend its findings, if necessary, regarding Applicant's claim of an involuntary waiver of his right to appeal, after receiving a response from counsel. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's.
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.