Opinion
Nos. AP-76,284 AP-76,285
Delivered: February 3, 2010. DO NOT PUBLISH.
On Applications for a Writ of Habeas Corpus Cause Nos. 886345-A and 886346-A in the 182nd District Court from Harris County.
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 these applications for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault of a child and aggravated kidnapping of a child and sentenced to life imprisonment in each cause.
Applicant contends, inter alia, that the State carried out bad faith destruction of DNA evidence in these cases, that perjury was committed by a State's witness, and that trial counsel rendered ineffective assistance. We order that these applications be filed and set for submission to determine whether the DNA samples in question were "potentially useful evidence," as defined by the United States Supreme Court in Illinois v. Fisher, 540 U.S. 544, 124 S.Ct. 1200 (2004), and Arizona v. Youngblood, 488 U.S. 51, 109 S.Ct. 333 (1988). We also order these applications be filed and set for submission to determine whether Joseph Chu's testimony constitutes perjury, or false testimony, and, if so, whether the admission of that testimony contributed to his convictions or punishments, and whether counsel rendered ineffective assistance at trial. The parties shall brief these issues.
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. TEX. CODE CRIM. PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before April 7, 2010.