Caudill, Louis Adam AKA Caudill, Lewis ( 2018 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-86,762-02
EX PARTE LOUIS ADAM CAUDILL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 11627-B IN THE 115TH DISTRICT COURT
FROM UPSHUR COUNTY
Per curiam.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of indecency with
a child and sentenced to six years’ imprisonment. He did not appeal his conviction.
In three grounds, Applicant contends that trial counsel rendered ineffective assistance. The
trial court held a live evidentiary hearing, made findings of fact and conclusions of law, and
recommended that we set aside Applicant’s conviction. We believe that the record should be further
developed and that the trial court should make findings of fact and conclusions of law on whether
Applicant’s claims should be barred by the doctrine of laches.
2
In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334
S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall give Applicant an opportunity to respond and explain his delay in raising his
ineffective assistance of counsel claims. The trial court may use any means set out in TEX . CODE
CRIM . PROC. art. 11.07, § 3(d).
Applicant appears to be represented by counsel. If he is not and the trial court elects to hold
another hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes
to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing.
TEX . CODE CRIM . PROC. art. 26.04.
After reviewing Applicant’s response, if any, the trial court shall make further findings of fact
and conclusions of law as to whether Applicant’s claims should be barred by the doctrine of laches.
The trial court shall also make any other findings of fact and conclusions of law that it deems
relevant and appropriate to the disposition of Applicant’s claims for habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be
requested by the trial court and shall be obtained from this Court.
Filed: April 11, 2018
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