Walker, Clyde Jay-Todd Iii ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,477-01
EX PARTE CLYDE JAY-TODD WALKER III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 15-0228X IN THE 71ST DISTRICT COURT
FROM HARRISON COUNTY
Per curiam.
ORDER
Applicant was convicted of driving while intoxicated and sentenced to three years’
imprisonment. He did not appeal his conviction. 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 is being held on a parole revocation warrant for over ninety days, has
not been charged with any new offense, and is being denied a parole revocation hearing despite his
requests. On August 19, 2020, this Court remanded the case to the trial court so that it could make
findings of fact and conclusions of law, as well as to obtain a response from a person with
knowledge of relevant facts addressing the issue of whether the Parole Board is providing Applicant
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with a timely parole revocation hearing. The trial court has now made findings and conclusions;
however, it is not clear whether Applicant, as of February 2022, has been given a timely final parole
revocation hearing.
Applicant has alleged facts that, if true, might entitle him to relief. TEX . GOV ’T CODE §
508.282(a). In these circumstances, additional facts are needed. 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 the
Texas Department of Criminal Justice’s Office of the General Counsel to obtain a response from
a person with knowledge of relevant facts addressing the issue of whether the Parole Board is
providing Applicant with a timely parole revocation hearing. In developing the record, the trial court
may use any means set out in Article 11.07, § 3(d). It appears that Applicant is represented by
counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by
counsel, and if not, whether Applicant is indigent. If Applicant is indigent and wishes to be
represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing.
TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
is currently being held on the parole revocation warrant executed in 2020 and, if so, whether he has
received a timely final revocation hearing. The trial court may make any other findings and
conclusions that it deems appropriate in response to Applicant’s claim.
The trial court shall make supplemental 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
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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: March 2, 2022
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