Henderson, Arthur Eugean ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-81,630-03
EX PARTE ARTHUR EUGEAN HENDERSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W09-58128-L(C) IN THE NO. 5 CRIMINAL DISTRICT COURT
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 capital murder
and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Henderson
v. State, No. 05-11-01437-CR, (Tex. App.— Dallas Nov. 5, 2012, no pet.)(op., not designated for
publication).
Applicant raises nine grounds for relief: (1) newly discovered evidence, (2) actual innocence,
(3) a Brady violation, (4) ineffective assistance of trial counsel, (5) prosecutorial misconduct for
falsifying evidence, (6) prosecutorial misconduct for the use of false testimony, (7) other
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prosecutorial misconduct, (8) "post-conviction fraud" and "adversarial misconduct," and (9) judicial
bias.
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); Ex parte
Elizondo, 947 S.W.2d 202, 208 (Tex. Crim. App. 1996). 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).
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 responding to all of
Applicant’s claims. The trial court shall also 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 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
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
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be forwarded to this Court within 120 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: October 9, 2019
Do not publish