Lewis, William Solomon AKA Lewis, William ( 2016 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,775-03
EX PARTE WILLIAM SOLOMON LEWIS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1219699-A IN THE 338TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. ALCALA , J., filed a concurring opinion in which JOHNSON , J., joined.
YEARY , J., filed a concurring opinion in which KEASLER and HERVEY , JJ., joined.
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 retaliation and
sentenced to three years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction.
Lewis v. State, No. 14-10-00222-CR (Tex. App.—Houston [14th Dist.] Jun. 28, 2011) (not designated
for publication).
Applicant contends, among other things, that his trial counsel rendered ineffective assistance
because he did not discover and present evidence that Applicant’s threats, made after he was tasered,
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embraced only legal activities, such as pursuing lawsuits, internal investigations, and media
attention. He also argues that counsel should have discovered information about the complainant that
could have been used to impeach his testimony.
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 trial counsel to respond to Applicant’s claim of ineffective assistance of counsel. The
trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In the
appropriate case, the trial court may rely on its personal recollection. Id.
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 make additional findings addressing
Applicant’s claim that this conviction restrains him because it has been used to enhance his current
federal sentence. TEX . CODE CRIM . PROC. art. 11.07 § 3(c). 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
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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 shall
be obtained from this Court.
Filed: June 29, 2016
Do not publish