Opinion
WR-78,761-02
09-11-2024
EX PARTE EDWARD SALAZAR, Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 17,767-A IN THE 258TH DISTRICT COURT FROM POLK COUNTY
ORDER
Per curiam
Applicant was convicted of assault on public servant and sentenced to seventy years' imprisonment. Applicant filed a pro se 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 claims ineffective assistance of counsel and judicial bias at his 2004 jury trial. The trial court entered an order designating issues and appointed habeas counsel. The trial court later entered findings recommending a new trial.
However, the record contains no response from trial counsel, and it does not appear that there was an evidentiary hearing. The trial court shall obtain a response from trial counsel and shall make findings resolving whether trial counsel provided ineffective assistance regarding Applicant's competency, whether trial counsel advanced a defense at trial, and whether trial counsel advised Applicant of his appellate rights and/or failed to file a notice of appeal. See Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Jones v. State, 98 S.W.3d 700 (Tex. Crim. App. 2003). The trial court shall also gather evidence and make findings indicating why laches is or is not applicable to the habeas claims. See Carrio v. State, 992 S.W.2d 486 (Tex. Crim. App. 1999); Ex parte Perez, 398 S.W.3d 206 (Tex. Crim. App. 2013). The trial court may make any other findings and conclusions that it deems appropriate. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d).
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.