Opinion
NO. WR-86,768-01
06-07-2017
EX PARTE SHAWN MAYREIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1340556-A IN THE 184TH DISTRICT COURT FROM HARRIS COUNTY
Per curiam. KEASLER, J., not participating. 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 capital murder and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Mayreis v. State, 462 S.W.3d 569 (Tex. App. — Houston [14th Dist.], March 24, 2015)..
Applicant contends, among other things, that his trial counsel rendered ineffective assistance because trial counsel did not invoke or preserve Applicant's right to a public trial and an open courtroom. Applicant alleges that trial counsel sent him a letter prior to trial in which he advised Applicant that his family would not be allowed into the courtroom during jury selection because the jury panel would fill the entire room and there would be no place for them to sit. Applicant alleges that his sister and other family members wanted to be present during jury selection, but were prevented from attending because of trial counsel's instructions.
This Court has reviewed Applicant's other claims and finds them to be without merit.
Applicant submits a copy of the letter in support of his habeas application. However, the trial court made no specific findings as to the authenticity of the letter. --------
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 to respond to Applicant's claim of ineffective assistance of counsel. Specifically, trial counsel shall state whether he did inform Applicant that there would be no room in the courtroom for his family members during jury selection. If trial counsel did so advise Applicant, trial counsel shall state why he so advised him, and why he did not object to the "closing" of the courtroom to Applicant's family members. 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 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: June 7, 2017
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