Opinion
WR-95,387-01 WR-95,387-02
05-29-2024
EX PARTE GENE OLIVER WALKER, Applicant
Do not publish
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS CAUSE NOS. 1417851-A & 1417852-A IN THE 174TH DISTRICT COURT FROM HARRIS COUNTY
ORDER
PER CURIAM.
Applicant was convicted of possession of a controlled substance with intent to deliver and tampering with evidence. He was sentenced to seven years' imprisonment for each offense, to run concurrently. He did not appeal his convictions. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant alleges that he was denied due process when the State used material false evidence to induce his guilty pleas. Applicant's single ground relates to the discovery of prior misconduct by former Houston Police Officer Gerald Goines. Based on the record, the trial court found that Applicant's guilty pleas were involuntary because they were induced by false evidence provided by Goines. Ex parte Mathews, 638 S.W.3d 685 (Tex. Crim. App. 2022); Ex parte Coty, 418 S.W.3d 597 (Tex. Crim. App. 2014). The State and trial court both recommend granting relief. However, the Court finds that more information is needed to resolve Applicant's claim, given that there were other officers besides Goines that were involved in the execution of the search warrant.
The trial court shall conduct a live evidentiary hearing at which Officer Medrano is called to testify. The trial court shall then make specific findings as to the credibility of Medrano's testimony at the live evidentiary hearing. The trial court shall also make findings of fact and conclusions on the following questions:
1. Did Applicant know what the search warrant affidavit said before he pled guilty?
2. What was Applicant's criminal history?
3. How long would it have taken to get a hearing on a motion to suppress or a trial setting?
4. Did Officer Medrano have reason to believe that any of the statements made in the search warrant affidavit prepared by Officer Goines could be false, and whether Officer Medrano believed in good faith that the warrant was supported by probable cause?
5. Does Officer Medrano believe the offense report prepared by Officer Goines contains false statements regarding Applicant's conduct upon the officers' entry into the home?The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.
The trial court shall make supplemental 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 supplemental 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.