Opinion
No. WR-59,466-01
April 13, 2005. DO NOT PUBLISH.
On Application for Writ of Habeas Corpus in Cause No. C-4-006948-0854220-a in the Criminal District Court Four Tarrant County.
ORDER
This is a post conviction application for writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure article 11.071. On January 8, 2003, a jury convicted applicant of the offense of capital murder. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed applicant's conviction and sentence on direct appeal. Scheanette v. State, 144 S.W.3d 503 (Tex.Crim.App. 2004), cert. denied, 125 S.Ct. 872 (2005). Applicant contends, inter alia, that he was denied due process and the outcome of his trial was undermined by the ineffective assistance of his counsel. Specifically, applicant claims that his counsel was ineffective because he:
• failed to conduct any pretrial investigation into the facts of the case or "to oppose by pretrial motion or objection the charges made against" applicant;
• "demonstrated an unfamiliarity with the law and the facts which prejudiced the presentation of Applicant's case";
• failed to elicit beneficial facts or take actions beneficial to his client;
• presented punishment evidence that applicant constituted a continuing threat to society; and
• presented the testimony of S.O. Woods which undercut the legitimacy of a life sentence for applicant.Applicant contends that, but for these deficiencies, the result of his trial would have been different. The trial court has entered findings of fact and conclusions of law. However, we believe that applicant has alleged facts which, if true, might entitle him to relief. Therefore, it is this Court's opinion that additional facts need to be developed. Because this Court cannot hear evidence, it is necessary for the matter to be remanded to the trial court for resolution. As set out in Tex. Code Crim. Proc. art. 11.07 § 3(d), the trial court may resolve the factual issues by ordering affidavits, depositions, or interrogatories from counsel, or it may hold a hearing. Following receipt of additional information, the trial court shall make findings of fact as to whether applicant's counsel performed deficiently and whether any deficient performance prejudiced applicant. The trial court should also make any further findings of fact and conclusions of law it deems relevant and appropriate to the disposition of the application for writ of habeas corpus. This application for a post-conviction writ of habeas corpus will be held in abeyance pending the trial court's compliance with this order. The trial court shall resolve the issues presented within 90 days of the date of this order. A supplemental transcript containing all affidavits, the transcription of the court reporter's notes from any interrogatories or hearings held, along with the trial court's findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. IT IS SO ORDERED.
In the event any continuances are granted, copies of the order granting the continuance should be provided to this Court.
Any extensions of this time period should be obtained from this Court.