Opinion
NO. WR-89,004-01
10-31-2018
EX PARTE EILEEN FRANCES NORTH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W14-35144-L(A) IN THE CRIMINAL DISTRICT COURT NO. 5 FROM DALLAS 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 was convicted of the offense of murder and sentenced to imprisonment for ninety-nine years. Her conviction was affirmed on appeal. North v. State, No. 05-15-01333-CR (Tex. App.—Dallas Jul. 20, 2017) (not designated for publication).
Applicant contends that trial counsel was ineffective for not suppressing a confession.
The habeas record has been properly forwarded to this Court by the district clerk. TEX. CODE CRIM. PROC. art. 11.07 § 3(c). However, Applicant has alleged facts which, if true, could entitle her to relief, and the record contains evidence that a live hearing was scheduled in this case. We remand this application to the Criminal District Court No. 5 of Dallas County to allow the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
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.
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: October 31, 2018
Do not publish