Torkizadeh, Victor Aziz ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-88,874-01
EX PARTE VICTOR AZIZ TORKIZADEH, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 09-DCR-051353-HC1 IN THE 268TH DISTRICT COURT
FROM FORT BEND 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). A jury convicted Applicant of manslaughter
and sentenced him to twenty years’ imprisonment.
In habeas, Applicant alleged, inter alia, that the investigating defective gave false and/or
misleading testimony at his trial and that trial counsel should have countered it with evidence
available to counsel. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Weinstein, 421
S.W.3d 656 (Tex. Crim. App. 2014). The claims based on alleged false testimony were remanded;
the remaining claims lacked merit or were procedurally barred.
2
On remand, the trial court obtained affidavits from trial counsel, the testifying detective, and
the trial prosecutor. The State also provided documentary evidence. The trial court has entered
findings that the affidavit testimony from counsel, the detective, and the prosecutor is credible and
that Applicant lacks credibility. The trial court has also entered findings based on the documentary
evidence provided by the State. The trial court’s findings after remand are supported by the record.
Based on these findings and based on this Court’s independent review of the record, we hold that
Applicant fails to show entitlement to habeas relief. Applicant’s application for a writ of habeas
corpus is denied.
Filed: September 18, 2019
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