Wickware, Clemmie Ray ( 2007 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-22,937-20

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EX PARTE CLEMMIE RAY WICKWARE, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 20,124 IN THE 12^TH JUDICIAL DISTRICT COURT FROM WALKER COUNTY

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   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 the record on 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 aggravated assault and sentenced to fifty years' imprisonment.

Applicant contends that he received ineffective assistance of counsel for numerous reasons, in particular because counsel failed to object to Applicant being tried in restraints and having his mouth duct-taped. He also states that counsel failed to object to the presence of uniformed officers sitting at counsel table which prevented Applicant from communicating with counsel during the trial, and that uniformed officers escorted him to the witness stand and stood next to him while he testified. He also alleges that counsel failed to investigate and failed to object to the use of a videotape (apparently of the commission of the offense) at trial, that Applicant alleges was altered.

On September 13, 2006, this Court remanded this application to the trial court for findings of fact and conclusions of law. On December 22, 2006, the trial judge made extensive findings of fact and conclusions of law which were based upon affidavits, the testimony at live hearings, Applicant's habeas corpus application, the State's response, and official court documents and records. He also recommended that relief be denied.

These findings, though extensive, did not fully address all fact issues necessary to resolution of the claims that Applicant had made and upon which we remanded for resolution. Nonetheless, this Court has undertaken an independent review of all the evidence in the record. Therefore, based upon the trial judge's findings of fact and his conclusions of law, as well as this Court's independent review of the entire record, we DENY relief on applicant's writ of habeas corpus.

IT IS SO ORDERED ON THIS THE 4^TH DAY OF APRIL, 2007.

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