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Ex parte Battle

Court of Criminal Appeals of Texas
Nov 13, 2024
WR-95,999-01 (Tex. Crim. App. Nov. 13, 2024)

Opinion

WR-95,999-01

11-13-2024

EX PARTE JAMES RAY BATTLE, JR., Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 30320 HC-1 IN THE 6TH DISTRICT COURT FROM LAMAR COUNTY

ORDER

PER CURIAM.

Applicant pleaded guilty to obstruction or retaliation and was sentenced to 10 years' imprisonment. 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 his plea was involuntary because trial counsel pressured him to accept a plea bargain and "do the time that was offered." Applicant asserts that counsel refused to defend him or show Applicant the records and evidence, and refused to help Applicant clear up records of previous cases that created confusion over Applicant's identity.

Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App. 2013). 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. 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 as to whether trial counsel's performance was deficient and Applicant would have insisted on a trial but for counsel's alleged deficient performance. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claims.

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.


Summaries of

Ex parte Battle

Court of Criminal Appeals of Texas
Nov 13, 2024
WR-95,999-01 (Tex. Crim. App. Nov. 13, 2024)
Case details for

Ex parte Battle

Case Details

Full title:EX PARTE JAMES RAY BATTLE, JR., Applicant

Court:Court of Criminal Appeals of Texas

Date published: Nov 13, 2024

Citations

WR-95,999-01 (Tex. Crim. App. Nov. 13, 2024)