Kim, Chung ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,901-01
EX PARTE CHUNG KIM, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W13-52168-U(A) IN THE 291ST 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). This Court remanded the writ application for
a response from counsel and findings from the habeas court. Ex parte Kim, No. WR-83,901-01 (Tex.
Crim. App. Nov. 11, 2015) (not designated for publication). The District Clerk forwarded a
supplemental record to this Court containing, among other things, findings of fact and conclusions
of law in which the habeas court recommends that relief be denied. The findings and conclusions
refer to pleadings filed by Applicant, including a Motion to Supplement and Amend Writ in which
he raised additional claims of ineffective assistance of counsel. However, the supplemental record
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returned to this Court with the findings of fact contains no additional pleadings filed by Applicant.
TEX . CODE CRIM . PROC. art. 11.07 § 3(d).
The District Clerk of Dallas County shall file a response that includes any subsequent
pleadings filed by Applicant, including motions and additional writ grounds. Should the District
Clerk determine it has no such supplemental pleadings on file, it shall certify that Applicant filed no
additional pleadings under Article 11.07 of the Code of Criminal Procedure after his initial writ
application, which was filed in the trial court on August 13, 2015.
This application will be held in abeyance the District Clerk responds. A supplemental
transcript containing any additional pleadings filed by Applicant along with any other supplemental
material relating to this habeas corpus application shall be forwarded to this Court within 30 days
of the date of this order. Any extensions of time shall be obtained from this Court.
Filed: March 22, 2017
Do not publish