Opinion
NO. WR-76,596-03 NO. WR-76,596-04
09-13-2017
EX PARTE CHAD LOUIS FURCH, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 08-10-7987 & 08-4-7871 IN THE 24TH DISTRICT COURT FROM JACKSON 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 two counts of assault/family violence and one count of aggravated assault with a deadly weapon. He was sentenced to twenty years' imprisonment for each count in cause number 08-10-7987 and fifteen years' imprisonment in cause number 08-04-7871. The Thirteenth Court of Appeals affirmed the convictions. Furch v. State, 13-09-00077 & 13-09-00078-CR (Tex. App.—Corpus Christi-Edinburg Aug. 23, 2010)(not designated for publication).
Applicant contends that false testimony was used to convict him and that an expert witness has changed her testimony so that he is entitled to relief under Texas Code of Criminal Procedure Art. 11.073. We believe that in change of testimony cases such as this one, before we make the important decision of whether Applicant is entitled to relief, the record should be more fully developed. The trial court shall therefore conduct a live evidentiary hearing on the matter at which the witness, Chris Wells, shall be called to testify. Notice of the hearing and an opportunity to testify shall be given to those persons who participated in the trial or the investigation.
The trial court shall make findings as to the change in testimony of Nurse Chris Wells and whether her testimony at trial was false and material. Ex parte Weinstein, 421 S.W.3d 656 (Tex. Crim. App. 2014). The court shall make further findings of fact regarding Applicant's claims of entitlement to relief under Texas Code of Criminal Procedure Art. 11.073. The trial court shall enter findings of fact as to the credibility of each witness and as to whether Applicant is entitled to relief.
It appears that Applicant is represented by counsel. The trial court, within 30 days of the date of this order, shall determine whether Applicant is represented by counsel, and if not, whether Applicant is indigent. If Applicant is not represented, is indigent, and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the evidentiary hearing. TEX. CODE CRIM. PROC. art. 26.04.
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 the transcription of the court reporter's notes from the live evidentiary hearing and a copy of the exhibits admitted, along with the trial court's findings of fact and conclusions of law and a copy of the trial record, including the clerk's record and a transcription of the reporter's record of the trial, 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. Delivered: September 13, 2017
Do not publish