Holland, Clarence Wyatt ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,643-01
EX PARTE CLARENCE WYATT HOLLAND, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 17-10195A-422-F IN THE 422ND DISTRICT COURT
FROM KAUFMAN COUNTY
Per curiam.
ORDER
Applicant was convicted of continuous sexual abuse of a young child and sentenced to fifty
years’ imprisonment. The Fifth Court of Appeals affirmed his conviction. Holland v. State, No. 05-
18-01419-CR (Tex. App. — Dallas December 13, 2019) (not designated for publication). 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 that trial counsel was ineffective because counsel failed to object when
the prosecutor made statements during voir dire that amounted to statements that the prosecutor
believed that Applicant was guilty, failed to file a motion in limine to prevent testimony from
witnesses indicating that they believed the complainant, improperly referred to the complainant as
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"the victim" when questioning a witness, failed to file a motion in limine to prevent testimony and
evidence of the complainant's car accident and liver transplant years after the alleged abuse, failed
to impeach the credibility of the complainant using her inconsistent statements as to why she did not
report the abuse earlier, failed to introduce measurements and photographs of Applicant's walk-in
closet, and failed to request instructions on the lesser-included offenses of aggravated sexual assault
and indecency with a child.
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
forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial
counsel to respond to Applicant’s claim. 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 trial counsel’s
performance was deficient and Applicant was prejudiced. The trial court may make any other
findings and conclusions that it deems appropriate in response to Applicant’s claims.
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
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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
Do not publish