Opinion
WR-75,828-02
06-28-2023
EX PARTE PAUL DAVID STOREY, Applicant
Do Not Publish
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS IN CAUSE NO. C-3-011020-1042204-B IN CRIMINAL DISTRICT COURT NO. 3 TARRANT COUNTY
Keller, P.J., and Keel, J., dissented. McClure, J., not participating.
ORDER
Per curiam
Before us is "[The] State's Motion for the Court to Reconsider the Denial [sic] of Applicant's Subsequent Writ on Its Own Initiative" ("Suggestion to Reconsider), filed in this Court by the Tarrant County Criminal District Attorney's Office (TCCDAO) on August 17, 2022. Although TCCDAO represents itself as "the State" in this matter, we find that representation to raise questions since, throughout the pendency of Applicant's writ and its dismissal, TCCDAO had recused itself and an Attorney Pro Tem was appointed to represent the State.
In light of TCCDAO's Suggestion to Reconsider, we direct the parties (including the two amici, should they so desire) to provide briefing on the following issues:
The Office of the Attorney General of Texas and the Texas Criminal Defense Lawyers' Association have submitted amicus briefs in this matter, respectively opposing and supporting TCCDAO's Suggestion to Reconsider.
(1) What authority allowed the trial court to remove the duly sworn and serving Attorney Pro Tem and replace him with TCCDAO, which had previously recused itself and premised its reinstatement in the case on the fact that habeas proceedings had ended?
(2) In the order dismissing Applicant's -02 writ, we noted that the victim's father testified at the habeas hearing that he has disclosed his anti-death penalty views to "anybody that wants to know or has ever asked me." We further noted that this testimony undermined the trial court's finding that the factual basis of the remanded claims was not ascertainable through the exercise of reasonable diligence prior to the filing of the initial writ application. What evidence supports the position that the factual basis of the remanded claims was not in fact ascertainable before filing of the initial writ application? And,
(3) The merits of the remanded claims (Claims 2 through 5).
Briefs are due in this Court within thirty (30) days of the date of this order.
IT IS SO ORDERED THIS THE 28th DAY OF JUNE, 2023.