Horton, Ethan Wayne ( 2015 )

••
WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: I 79TH DISTRICT COURT
RECEI_VED ``~,.
OF CO'Jffr OF CRFMINF.!_ ~PP&lS
MAY 12 2015
HARRIS COUNTY, TEXAS Ab84 Acosta, Clerk
ETHAN WAYNE HORTON
APPLICANT
vs.
THE STATE OF TEXAS
RESPONDENT
PAGE I OF I REV. 01-02-04
INDEX
PAGE
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER
STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING 2
AFFIDAVIT
LETTER TO APPLICANT 7
CERTIFICATE OF THE CLERK 8
\
PAGE I OF I REV: 01-02-04
Belinda Hill Criminal Justice Center
Interim First Assistant 1201 Franklin, Suite 600
Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY
MIKE ANDERSON
April 13, 2013
Chris Daniel, District Clerk
Harris County, Texas
1201 Franklin
Houston, Texas 77002
Re: Ex parte ETHAN WAYNE HORTON
No. 1087158-B in the 179th
District Court of Harris County, Texas
Filing date: 02-14-13
Date copy of writ delivered to District Attorney's Basket: APR 1 5 Z013
By: Leslie Garcia
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
Sincerely,
APR 1 5 2013
Date Received
.. .,
EX PARTE § IN THE 179th DISTRICT COURT
§ OF
§ HARRIS COUNTY, T EX A S
Applicant
STATE'S PROPOSED ORDER DESIGNATING ISSUES
AND FOR FILING AFFIDAVIT
Having considered the application for writ of habeas corpus in the above-captioned cause
and the State's original answer, the Court finds that the issues of whether the applicant was denied
effective assistance of counsel and whether the applicant's plea was voluntary still need to be
resolved in the present case.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issue
and then enter findings of fact.
To assist the Court in resolving these factual issues, counsel Susan Jacobsen Perret is
ORDERED to file an affidavit summarizing his actions as counsel for the applicant in the
primary case, cause number 1087158, and specifically responding to the following:
1. Please summarize the discussion(s) Perret had with the applicant regarding whether
there was sufficient evidence to support a aggravated robbery conviction and any
advice given concerning whether to go to trial or plead guilty. Please include the
number and nature of any and all "offers from the State" conveyed to the applicant,
including, but not limited to, any reductions, enhancements, and/or enhancement
abandonments discussed, if applicable.
2. The applicant claims, " ... his trial attorney, Susan Jacobsen Perret, had ex parte
communication with defendants mother, where she by third party coercion and
manipulative lawyer tatics, told defendants mother if he did not take a 20 year plea, he
would receive a life sentence;" and that "Attorney Perret went further on to persuade
the appellants mother saying "mom, 111ake him take the twenty."[sic]. Please respond.
3. Please describe the manner and the degree to which Perret reviewed the plea papers
and admonishments with the applicant; if Perret does not have independent recollection
of the event, please state what Perret's usual and customary practice was and also state
~ Ci q
RECORDER'S MEMORANDUM
J qqq This instrument is o.f poor quail~