Opinion
NO. WR-WR-85,524-01
12-14-2016
EX PARTE CURTIS MITCHELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2011D00951-DCR1-1 IN THE CRIMINAL DISTRICT COURT NO. 1 FROM EL PASO 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 pleaded guilty to one count of possession of marijuana and one count of possession with intent to deliver a controlled substance, and was sentenced to ten years' imprisonment.
Applicant contends that he is being denied due process because the notice he received of the reasons he was denied parole was not sufficiently specific. Applicant alleges that the parole board's policy of providing a list of possible reasons for denying parole in the alternative violates his right to notice and due process. 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 what notice was provided to Applicant after the decision to deny his parole on September 4, 2015. The affidavit shall also state whether Applicant has been reviewed for parole since that date and if so (and if he was again denied release), what notice was provided to him describing the reasons he was denied release. Copies of any notices sent to Applicant should be provided with the affidavit. The affidavit shall also describe the current policy of the Board of Pardons and Paroles insofar as the level of specificity provided when an inmate is denied parole. Finally, the affidavit shall state whether new, more specific notices are being sent to inmates who have already been reviewed for and denied parole release, but who were provided only with notice of possible reasons for the denial in the alternative.
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 has been provided with notice of the reasons for the denial of parole release only to the extent that those reasons relate specifically to 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: December 14, 2016
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