Phillips, Sherron Dondriel ( 2014 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,437-01
EX PARTE SHERRON DONDRIEL PHILLIPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR-566-12-D(1) IN THE 206TH DISTRICT COURT
FROM HIDALGO 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 possession of
marihuana and sentenced to forty-two months’ imprisonment. He did not appeal his conviction.
In a single ground, Applicant contends that the Board of Pardons and Paroles’ written notice
of its decision not to release him to parole violates due process. See TEX . GOV ’T CODE § 508.1411.
We order that this application be filed and set for submission to determine the following questions:
(1) whether an applicant who contends that under § 508.1411 the Board of Pardons and Paroles’
2
written notice violates the Due Process Clause of the United States Constitution has an adequate
remedy on habeas when there is not a presumption of release to parole;1 (2) assuming for the sake
of argument that an applicant does have an adequate remedy on habeas, whether § 508.1411
implicates due process and the written notice provided by the Board of Pardons and Paroles satisfies
due process; and (3) whether an application for a writ of mandamus is the proper remedy for such
claims. The parties shall brief these issues. The Board of Pardons and Paroles is invited to submit
a brief.
The trial court shall determine whether Applicant is indigent. If he is indigent and desires
to be represented by counsel, the trial court shall appoint an attorney to represent him. TEX . CODE
CRIM . PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this
order, a supplemental transcript containing either the order appointing counsel or a statement that
Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this
order.
Filed: December 17, 2014
Do not publish
1
See Ex parte Geiken, 28 S.W.3d 553, 558 (Tex. Crim. App. 2000); TEX . GOV ’T CODE §
508.141(a).