Opinion
WR-92,902-02
10-30-2024
EX PARTE ANTOIN DENEIL MARSHAL, Applicant
DO NOT PUBLISH
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1087328-B IN THE 337TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of capital murder and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Marshal v. State, No. 14-06-01133-CR (Tex. App.-Houston [14th Dist.] Feb. 28, 2008)(not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
The Court received this writ application on August 16, 2024. The Harris County District Clerk had properly forwarded it pursuant to their statutory deadlines. On October 9, 2024, this Court dismissed it as subsequent. See Tex. Code Crim. Proc. Art. 11.07, § 4(a)-(c).
On October 10, 2024, this Court received a letter from the trial court dated August 20, 2024, indicating that it wanted more time to investigate the allegations made in the application.
After reconsideration on its own motion, the Court finds that the application should be remanded for the trial court to complete its investigation and enter findings of fact and conclusions of law. Accordingly, the Court withdraws its prior order dismissing this application and enters this order.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.