Carter, Ryan ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,996-01
EX PARTE RYAN CARTER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. B-44,752-A IN THE 161TH DISTRICT COURT
FROM ECTOR COUNTY
Per curiam.
ORDER
A jury convicted Applicant of capital murder and sentenced him to life in prison without the
possibility of parole. Applicant, through habeas counsel, 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 raises several claims that trial counsel provided ineffective assistance. The trial
court entered an order designating issues and an order for trial counsel to provide an affidavit. The
habeas record has no response from trial counsel or findings from the trial court.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is the appropriate
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forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall resolve
the disputed factual issues. In developing the record, the trial court may use any means set out in
Article 11.07, § 3(d).
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant was prejudiced. The trial court may make any other
findings and conclusions that it deems appropriate.
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: May 19, 2021
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