Crews, Adam Brandon ( 2012 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-76,141-01

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EX PARTE ADAM BRANDON CREWS, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 22574 IN THE 336TH DISTRICT COURT FROM FANNIN COUNTY

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   Per curiam. O R D E R  

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 aggravated kidnapping and sentenced to fifteen years' imprisonment. The Sixth Court of Appeals affirmed his conviction. Crews v. State, No. 06-09-00080-CR (Tex. App.-Texarkana Dec. 22, 2009, pet. ref'd).

Applicant contends that his trial counsel rendered ineffective assistance because he failed to object during the guilt stage of trial to the admission of a videotaped interview containing extraneous offense evidence and comments on the complainant's and Applicant's credibility. Applicant also contends that counsel failed to object during the punishment stage of trial to questions that sought to elicit information protected by the attorney-client privilege. On November 18, 2011, the trial court held a live evidentiary hearing but made no findings of fact and conclusions of law.

Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 608 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). The trial court shall determine whether counsel made a legally reasonable decision not to object during the guilt stage to portions of the videotape containing extraneous offense evidence and comments on the complainant's and Applicant's credibility, and not to object during the punishment stage when the State questioned Applicant about his conversations with counsel. The trial court shall also determine whether this evidence would have been inadmissible had counsel timely objected. The trial court shall then determine whether counsel's conduct was deficient and Applicant was prejudiced. 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 claims 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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.   

Filed: June 6, 2012

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