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Ex parte Houston

COURT OF CRIMINAL APPEALS OF TEXAS
Sep 20, 2017
NO. WR-87,339-01 (Tex. Crim. App. Sep. 20, 2017)

Opinion

NO. WR-87,339-01

09-20-2017

EX PARTE NATHANIEL HOUSTON, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W11-26764-V (A) IN THE 292nd DISTRICT COURT FROM DALLAS 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 aggravated sexual assault of a child under fourteen years of age and sentenced to twenty-five years' imprisonment. The Eighth Court of Appeals affirmed his conviction. Houston v. State, No. 08-15-00313-CR (Tex. App.—El Paso Oct. 19, 2016) (not designated for publication).

Applicant contends that his trial counsel rendered ineffective assistance because he erroneously advised Applicant that he had no right to represent himself, he failed to pass along a plea offer from the State, he failed to investigate the medical evidence, he failed to secure the services of expert witnesses to "cast doubt" upon the testimony of the State's expert witnesses, he failed to object to the State's closing argument, and he had a conflict of interest. Applicant also alleges that appellate counsel was ineffective for filing a brief pursuant to Anders v. California, 386 U.S. 738 (1967). While there are no findings of fact and conclusions of law from the trial court, the State responds to these claims, in pertinent part:

The State recognizes that further evidence regarding defense counsel's representation may be needed. To that end, the State requests that the Court obtain affidavits from Applicant's trial attorney, Patrick L. Davis, and from Applicant's appellate attorney, Valencia Bush, to provide the information needed to dispose of Applicant's claims. The State requests that this Court issue an order designating issues regarding Applicant's allegations.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 and appellate 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). In the appropriate case, the trial court may rely on its personal recollection. Id.

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. The trial court shall make findings of fact and conclusions of law as to whether the performance of Applicant's appellate counsel was deficient and, if so, whether counsel's deficient performance prejudiced Applicant. 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 must be requested by the trial court and shall be obtained from this Court. Filed: September 20, 2017
Do not publish


Summaries of

Ex parte Houston

COURT OF CRIMINAL APPEALS OF TEXAS
Sep 20, 2017
NO. WR-87,339-01 (Tex. Crim. App. Sep. 20, 2017)
Case details for

Ex parte Houston

Case Details

Full title:EX PARTE NATHANIEL HOUSTON, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Sep 20, 2017

Citations

NO. WR-87,339-01 (Tex. Crim. App. Sep. 20, 2017)