Hawthorne, Ricky Lamar AKA Rickey Lamar Hawthorne ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,554-01
EX PARTE RICKY LAMAR HAWTHORNE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 20142-A IN THE 329TH DISTRICT COURT
FROM WHARTON 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 cocaine
possession, and he was sentenced to fifteen years’ incarceration.
In his habeas application, Applicant raises several claims, including ineffective assistance
of trial counsel for failing to challenge racial discrimination in the jury selection process, for failing
to expose perjured testimony, and for failing to file a notice of appeal. Strickland v. Washington, 466
U.S. 668 (1984); Batson v. Kentucky, 476 U.S. 79 (1986); Ex parte Weinstein, 421 S.W.3d 656 (Tex.
Crim. App. 2014); Ex parte Axel, 757 S.W.2d 369 (Tex. Crim. App. 1988); Ex parte Riley, 193
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S.W.3d 900 (Tex. Crim. App. 2006). Applicant also complains that he was not afforded due process
in the parole-review process. Ex parte Geiken, 28 S.W.3d 553 (Tex. Crim. App. 2000); Ex parte
Retzlaff, 135 S.W.3d 45 (Tex. Crim. App. 2004). Applicant has alleged facts that, if true, might
entitle him to relief. Ex parte Patterson, 993 S.W.2d 114 (Tex. Crim. App. 1999). There is no
response from Applicant’s trial counsel or the Parole Board, and there are no findings from the trial
court. To resolve the claims, additional facts are needed. As we held in Ex parte Rodriguez, 334
S.W.2d 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact.
The trial court shall order trial counsel to respond to Applicant’s claims of ineffective
assistance by explaining counsel’s representation of Applicant, including applicable strategy and
tactical decisions. The trial court shall also order the Texas Department of Criminal Justice’s Office
of the General Counsel to address whether Applicant was provided adequate due process. To obtain
the responses, 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 regarding the claims raised
in the habeas application. The trial court may also make any other findings of fact and conclusions
of law 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
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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: March 6, 2019
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