Martin, Donn Deveral ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,347-27
EX PARTE DONN DEVERAL MARTIN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1017612-C IN THE 372ND DISTRICT COURT
FROM TARRANT COUNTY
Per curiam. ALCALA , J., filed a concurring opinion.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault and sentenced to life imprisonment. The Second Court of Appeals affirmed his conviction.
Martin v. State, No. 02-07-00308-CR (Tex. App.—Fort Worth Nov. 6, 2008) (not designated for
publication).
Applicant contends, among other things, that the State’s expert presented false testimony and
relied on “junk science” at trial.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Weinstein, 421
2
S.W.3d 656 (Tex. Crim. App. 2014); TEX . CODE CRIM . PROC. art. 11.073. The trial court entered a
timely order designating issues, but the record was forwarded to this Court before the trial court
made findings of fact and conclusions of law. As we held in Ex parte Rodriguez, 334 S.W.2d 294,
294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial
court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent.
If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an
attorney to represent him at the hearing.1 TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether (1)
Applicant’s claims are barred by Article 11.07, § 4 of the Code of Criminal Procedure; (2) the State
presented false testimony material to Applicant’s conviction; and (3) Applicant is entitled to relief
under Article 11.073 of the Code of Criminal Procedure. The trial court shall also make any other
findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of
Applicant’s claims for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
1
It appears from the record that the trial court appointed counsel for purposes of filing a
motion for DNA testing under Chapter 64 of the Code of Criminal Procedure. See TEX . CODE
CRIM . PROC. art. 64.01.
3
Filed: December 20, 2017
Do not publish