Opinion
WR-95,737-01
06-19-2024
EX PARTE ERIN ASHLYN MOFFATT, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 08CR3041-83-1 IN THE 405TH DISTRICT COURT FROM GALVESTON COUNTY
ORDER
PER CURIAM.
Slaughter, J. did not participate.
Applicant was convicted of murder and sentenced to fifty years' imprisonment. The First Court of Appeals affirmed her conviction. Moffatt v. State, No. 01-10-00310-CR (Tex. App.-Houston [1st Dist.] Jun. 30,2011) (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.
On January 9, 2024, the trial court entered an order designating issues. It ordered both trial and appellate counsel to file affidavits addressing the doctrine of laches and Applicant's ineffective assistance of counsel claims. On April 16, 2024, the trial court entered an amended order designating issues that again ordered trial counsel and appellate counsel to file affidavits. Both for extension of time with this Court. The district clerk properly forwarded this application to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, the application was forwarded before the trial court obtained the ordered affidavits and made findings of fact and conclusions of law. Also, after the application was forwarded, the Court received an extension request from the trial court. We, therefore, remand this application to the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law.
The trial court shall, within 180 days from the date of this order, obtain affidavits from trial and appellate counsel and then make findings of fact and conclusions of law. 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.