Searcy, Shwannia Rena ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,223-01
EX PARTE SHWANNIA RENA SEARCY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W15-45661-Y(A) IN THE CRIMINAL DISTRICT COURT NO. 7
FROM DALLAS 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 drug possession
and sentenced to three years’ imprisonment.
According to habeas counsel, Applicant was on parole and was arrested on a parole-violation
warrant on December 17, 2018. Habeas counsel states, “[Applicant] has repeatedly requested her
Parole Revocation Hearing. She has repeatedly been denied her right to a Parole Revocation
Hearing.”
2
Applicant is entitled to due process in parole revocation. Morrissey v. Brewer, 408 U.S. 471
(1972); Ex parte Taylor, 957 S.W.2d 43 (Tex. Crim. App. 1997). Applicant has alleged facts that,
if true, might entitle her to relief. 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 the Texas Department of Criminal
Justice’s Office of the General Counsel to file an affidavit addressing the issue of whether the Parole
Board is timely providing Applicant with a final parole revocation hearing. The trial court shall make
findings of fact and conclusions of law as to Applicant’s claim, and the trial court may make any
other findings of fact and conclusions of law that it deems relevant.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 30 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 45 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: September 11, 2019
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