Opinion
WR-95,393-01
01-31-2024
EX PARTE MELVIN MITCHELL, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1367435-A IN THE 339TH DISTRICT COURT FROM HARRIS COUNTY
McClure, J., did not participate.
ORDER
PER CURIAM
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 possession with intent to deliver a controlled substance and sentenced to 4 years' imprisonment. He did not file an appeal in this cause.
Applicant contends that his due process rights were violated and his guilty plea was involuntary because Gerald Goines, an officer with the Houston Police Department who had a pattern of falsifying evidence, was the sole witness against him. He asserts that Goines's allegations should be presumed false under the factors set forth in Ex parte Coty, 432 S.W.3d 341(Tex. Crim. App. 2014). See Ex parte Mathews, 638 S.W.3d 685, 687 (Tex. Crim. App. 2022). Applicant states that, if he had been aware of Goines's misconduct in other cases, he would not have pleaded guilty.
Applicant has alleged facts that, if true, might entitle him to relief. 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).
The trial court may order depositions, interrogatories, or a hearing. It appears that Applicant is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by counsel, and if not, 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 determine whether Applicant has established an inference of falsity as set out in this Court's opinion in Coty, and if so, whether it was material. 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 ninety days of 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.