Sadler, Michael Shawn ( 2015 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-75,812-04
EX PARTE MICHAEL S. SADLER, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 07-02-14104-C-BCCR IN THE 220TH DISTRICT COURT
FROM BOSQUE 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 murder and
sentenced to thirty years’ imprisonment. The Tenth Court of Appeals affirmed his conviction.
Sadler v. State, No. 10-07-00323-CR (Tex. App.—Waco April 29, 2009).
Applicant contends in multiple grounds that both his trial counsel and his appellate counsel
rendered ineffective assistance. There are no responses from either counsel, nor are there findings
from the trial court. Ineffective assistance of counsel grounds are not waived by the failure to raise
them on direct appeal and are often better raised on habeas. Ex parte Nailor, 149 S.W.3d 125, 131
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(Tex. Crim. App. 2004). Applicant’s previous three habeas applications did not attack the conviction
and therefore did not trigger the bar on subsequent habeas applications. Tex. Code Crim. Pro. Art.
11.07 § 4(a).
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 order both trial counsel and appellate counsel to respond to all of Applicant’s claims of
ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE CRIM .
PROC. art. 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 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 the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. The trial court shall also make findings regarding the
performance of appellate counsel. 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 claim 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
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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 shall
be obtained from this Court.
Filed: April 15, 2015
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