Opinion
NO. WR-81,480-02
12-14-2016
EX PARTE WILLIAM OWENS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 10F0132-005-B IN THE 5TH DISTRICT COURT FROM BOWIE COUNTY
Per curiam. ALCALA, J., filed a concurring opinion. 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 aggravated sexual assault of a child and sentenced to life imprisonment. The Sixth Court of Appeals affirmed his conviction. Owens v. State, 381 S.W.3d 696 (Tex. App.—Texarkana 2012).
Applicant claims an exculpatory police report material to his defense was suppressed by the State. See Brady v. Maryland, 373 U.S. 83 (1963). He also raises actual innocence and ineffective assistance of counsel claims related to the police report. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Elizondo, 947 S.W.2d 202 (Tex. Crim. App. 1996). Applicant attaches to his habeas application a copy of the police report in question and other documents suggesting its suppression. He argues that the police report, had it not been suppressed, would have supported his defense at trial. There are no findings from the trial court.
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. To assist in making the findings, the trial court may use any means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id. 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 in regard to Applicant's Brady, actual innocence, and ineffective assistance of counsel claims. 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 claims 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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