Jordan, Maxwell Lynn ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,277-01
EX PARTE MAXWELL LYNN JORDAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 2015CR1752-W1 IN THE 187TH DISTRICT COURT
FROM BEXAR COUNTY
Per curiam. HERVEY , J., not participating.
ORDER
Applicant originally pleaded guilty to aggravated assaulted with a deadly weapon in exchange
for deferred adjudication community supervision. His guilt was later adjudicated and he was
sentenced to 14 years’ imprisonment. The Fourth Court of Appeals affirmed his conviction. Jordan
v. State, No. 04-18-00404-CR (Tex. App. – San Antonio April 10, 2019). Applicant filed this
application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded
it to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that his counsel rendered ineffective assistance at
adjudication. Specifically, Applicant alleges that adjudication counsel failed to investigate
Applicant’s personal history. Applicant avers that, if counsel had investigated, he would have
2
discovered evidence of childhood trauma, abuse, and ongoing mental health issues. The records
Applicant has attached to his application identify PTSD, anxiety, bipolar disorder, depression,
suicidal ideation, and anger management issues. Applicant asserts that such information would have
mitigated the negative evidence presented by the State and resulted in a less severe sentence.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Huerta, 692
S.W.2d 681 (Tex. Crim. App. 1985). Accordingly, the record should be developed. The trial court
is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial
court shall order adjudication counsel to respond to Applicant’s claim of ineffective assistance of
counsel for failing to investigate. In developing the record, the trial court may use any means set out
in Article 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 wants to be represented by counsel, the trial court
shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If
counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s
name.
The trial court shall make findings of fact and conclusions of law as to whether counsel
adequately investigated Applicant’s background and whether presenting evidence of Applicant’s
personal history and mental health issues would have affected the result. The trial court may make
any other findings and conclusions that it deems appropriate in response to Applicant’s claim.
The trial court shall supplement the habeas record with a transcript of the original plea
proceeding. The court shall make findings of fact and conclusions of law as to whether the
performance of Applicant’s adjudication counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall also make any other findings of fact and
3
conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for
habeas corpus relief.
The trial court shall make 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
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.
Filed: April 14, 2021
Do not publish