Opinion
NO. WR-29,508-07 NO. WR-29,508-08
03-07-2018
EX PARTE KURT WAYNE LOPER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. W13-24876-X(A) AND W13-24877-X(A) IN THE CRIMINAL DISTRICT COURT NO. 6 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 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 offenses of indecency with a child by exposure and sentenced to imprisonment. He did not appeal his convictions.
Applicant contends, inter alia, that his trial counsel provided ineffective assistance and that prosecutors failed to disclose evidence. The trial court entered a timely order designating issues in each case and appointed habeas counsel. There are no findings in the habeas record resolving the disputed issues. We remand these applications to the District Court to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
These applications 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 Filed: March 7, 2018 Do not publish