Opinion
WR-95,580-01
05-15-2024
EX PARTE JEFFREY LEE PATTERSON, Applicant
Do not publish
On Application for a writ of Habeas Corpus Cause No. W-1945392-A in the Criminal District Court No. 3 From Dallas County
ORDER
PER CURIAM.
Applicant was convicted of murder and sentenced to 70 years' imprisonment. The Fifth Court of Appeals affirmed his conviction. Patterson v. State, No. 05-20-00302-CR (Tex. App. - Dallas May 10, 2022, pet. ref'd). 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.
Applicant contends, inter alia, that he was convicted as the result of Angela Fairchild's false testimony. He avers that Fairchild's August 2022 affidavit recants her trial testimony, and that she now affirms that she was "nowhere near" Applicant's house the evening before the victim died. He also claims that Fairchild alleges that the prosecutor threatened to bring "serious charges" against her boyfriend if she did not testify. Further, Applicant claims that Fairchild had a probation violation warrant. Thus, Applicant asserts, Fairchild testified against Applicant "under duress."
While Applicant relies on the contents of this purported affidavit in support of his allegations, the State has provided screen shots of texts from Fairchild indicating that she did not write or sign this affidavit. The State has also provided an affidavit from the prosecutor in which she denies committing the misconduct attributed to her in the August 2022 affidavit.
We remand this application for the trial court to develop the record and issue findings of fact and conclusions of law. Specifically, the trial court shall make findings of fact and conclusions of law as to the authenticity of Fairchild's 2022 affidavit. If the court determines that Fairchild did not sign this affidavit, the court shall make findings as to whether habeas counsel properly inquired into the authenticity of this affidavit before submitting it to the court as evidence. See Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); Tex. Gov't Code § 498.0045(a-1). The trial court shall also make findings and conclusions as to whether Applicant submitted the 2022 affidavit knowing that Fairchild did not sign it. The trial court shall make any other findings and conclusions that it deems relevant and appropriate to the disposition of Applicant's claims for habeas corpus relief.
The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. 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.