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Ex parte Johnson

COURT OF CRIMINAL APPEALS OF TEXAS
Oct 31, 2018
NO. WR-89,092-01 (Tex. Crim. App. Oct. 31, 2018)

Opinion

NO. WR-89,092-01

10-31-2018

EX PARTE PERRY JOHNSON, Applicant


ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W77-10128-I(A) IN THE CRIMINAL DISTRICT COURT NO. 2 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 murder and sentenced to life imprisonment.

Applicant contends that he was not given due process in his parole revocation in that he was not provided the reasons for the revocation of his parole. Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S. 471, 489 (1972). 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 the Texas Department of Criminal Justice's Office of the General Counsel to file an affidavit stating whether Applicant was given notice of the reasons for the revocation of his parole.

The trial court may also order depositions, interrogatories or a hearing. 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 Applicant was given notice of the reasons for the revocation of his parole. The trial court shall make findings and conclusions as to whether Applicant was given the due process rights required by Morrissey v. Brewer, 408 U.S. 471, 489 (1972). 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: October 31, 2018
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Summaries of

Ex parte Johnson

COURT OF CRIMINAL APPEALS OF TEXAS
Oct 31, 2018
NO. WR-89,092-01 (Tex. Crim. App. Oct. 31, 2018)
Case details for

Ex parte Johnson

Case Details

Full title:EX PARTE PERRY JOHNSON, Applicant

Court:COURT OF CRIMINAL APPEALS OF TEXAS

Date published: Oct 31, 2018

Citations

NO. WR-89,092-01 (Tex. Crim. App. Oct. 31, 2018)