Johnson, Jessie Louis ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-73,226-06 & 73,226-07
EX PARTE JESSIE LOUIS JOHNSON, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1411854-B & 1411855-B IN THE 180TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of two aggravated sexual assault of a child offenses and sentenced
to eighty-four years’ imprisonment for each conviction, to run consecutively. The First Court of
Appeals affirmed his conviction. Johnson v. State, Nos. 01-18-00970-CR & 01-18-00971, 605
S.W.3d 843 (Tex. App.—Houston [1st] 2020). Applicant filed these applications for writs of habeas
corpus in the county of conviction, and the district clerk forwarded them to this Court. See TEX .
CODE CRIM . PROC. art. 11.07.
Applicant contends that both trial counsel and appellate counsel were was ineffective for a
number of reasons. 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
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is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial
court shall order trial counsel and appellate counsel to respond to Applicant’s claims. 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 shall also make findings
of fact and conclusions of law as to whether appellate 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
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: January 12, 2022
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