Opinion
NO. WR-47,218-05
02-13-2013
EX PARTE LLOYD ANTHONY JACKSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 723038 IN THE 263RD DISTRICT COURT
FROM HARRIS 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 robbery and sentenced to forty years' imprisonment.
In his present application, Applicant raises four grounds challenging his conviction. This application, however, presents a more serious question. Applicant alleges that he has newly-discovered evidence of actual innocence. In support of his allegations, Applicant submitted two documents purporting to be affidavits from two co-defendants, stating that Applicant had no knowledge of the offense.
In opposition, the State has obtained an affidavit from one of the two co-defendants, in which he denies having written or signed the affidavit presented by Applicant with his application. The affidavit of the second co-defendant is questionable because the purported author's name is misspelled, and his TDC number is incorrect.
The trial court has found that the two affidavits provided by Applicant in support of his application do not constitute newly-discovered evidence of actual innocence. Although the trial finds that the affidavits are "not credible," the court does not make specific findings as to whether Applicant intentionally submitted false evidence by filing the affidavits with his application.
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 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 two affidavits submitted by Applicant in support of his habeas application constitute false evidence, and as to whether Applicant, by submitting those affidavits, has made himself subject to citation for abuse of the writ.
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. Do not publish