Opinion
NO. WR-78,113-01
09-13-2017
EX PARTE HUMBERTO GARZA
ON APPLICATION FOR WRIT OF HABEAS CORPUS IN CAUSE NO. CR-3175-04-G IN THE 370 DISTRICT COURT HIDALGO COUNTY Per curiam. ORDER
This is an application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071.
In March 2005, a jury convicted Applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Garza v. State, AP-75,217 (Tex. Crim. App. April 30, 2008) (not designated for publication).
On June 19, 2015, this Court received the instant post-conviction application for writ of habeas corpus in which Applicant raised twenty-eight claims. After reviewing the application, this Court remanded the cause to the trial court for development and resolution of Allegation Three. Ex parte Garza, No. WR-78,113-01 (Tex. Crim. App. Mar. 23, 2016)(not designated for publication). The case has now been returned to this Court.
In Allegation Three, Applicant asserts that trial counsel failed to conduct a constitutionally adequate investigation of mitigating evidence. Applicant then sets out the evidence that counsel should have uncovered had they properly investigated. This Court has determined that this allegation should be filed and set, and this Court orders both parties to brief this issue. Briefs from both Applicant and the State are due in this Court within 45 days of the date of this order.
IT IS SO ORDERED THIS THE 13 DAY OF SEPTEMBER, 2017. Do Not Publish