Sullivan, Derrick Brannon ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-89,569-01, -02, AND -03
EX PARTE DERRICK BRANNON SULLIVAN, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W13-24555-S (A), W13-24563-S (A), AND W13-25621-S (A)
IN THE 282ND 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). A jury convicted Applicant of three
offenses of indecency with a child by contact, and he was sentenced to incarceration.
Applicant raises several claims in his habeas applications, including claims of ineffective
assistance of trial counsel. He 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). There is no response from trial counsel in the habeas record provided to this Court, and there
are no findings from the trial court. In these circumstances, additional facts are needed. As we held
-2-
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 claims of ineffective
assistance by explaining counsel’s representation of Applicant, including applicable strategy and
tactical decisions. To obtain the response, 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 applications. 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.
These applications 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
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: April 3, 2019
Do not publish