Opinion
NO. WR-85,174-01
10-12-2016
EX PARTE KEITH ANTHONY CARTWRIGHT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 14-0094X IN THE 71ST DISTRICT COURT FROM HARRISON 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 engaging in organized criminal activity and sentenced to fifteen years' imprisonment. He did not appeal his conviction.
Applicant contends that his trial counsel rendered ineffective assistance because, among other things, he did not take timely action on Applicant's acceptance of a plea offer and incorrectly advised Applicant about how much time he would have to serve before being eligible for parole. Applicant also alleges that counsel labored under a conflict of interest, because counsel's son was the elected District Attorney at the time of this prosecution.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Argent, 393 S.W.3d 781, 784 (Tex. Crim. App. 2013); Ex parte Moussazadeh, 361 S.W.3d 684, 691-92 (Tex. Crim. App. 2012). In these 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. The trial court shall order trial counsel to respond to Applicant's claim of ineffective assistance of counsel. The trial court may use any means set out in TEX. CODE CRIM. PROC. art. 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 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. If the trial court finds that counsel erred in taking action on a favorable plea offer Applicant accepted, the trial court shall also make findings addressing whether there is a reasonable probability that the prosecution would not have withdrawn the offer and the trial court would not have refused to accept the plea bargain. The trial court shall also make specific findings addressing how counsel advised Applicant about when he would be eligible for release to parole. The trial court shall also make specific findings addressing Applicant's claim that counsel had a conflict of interest. The court shall make specific findings determining whether counsel was burdened by an actual conflict of interest, and whether any conflict had an adverse effect on counsel's performance in the case. 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.
This application 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 shall be obtained from this Court. Filed: October 12, 2016
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