Thomas, Edward Louis ( 2017 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-86,364-01 AND WR-86,364-02
EX PARTE EDWARD LOUIS THOMAS, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 1101865-A AND 1101866-A IN THE 176TH DISTRICT COURT
FROM HARRIS 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). Applicant was convicted of two
aggravated assaults against public servants and sentenced to concurrent terms of forty and thirty-five
years’ imprisonment.
Applicant contends that his trial counsel provided ineffective assistance. After a review of
the record, this Court has determined that Applicant’s ineffective assistance of counsel claim
regarding Applicant’s punishment election lacks merit. Applicant’s remaining claims, including
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his claims regarding opinion testimony, testimony about grand jury proceedings, testimony about a
police internal affairs investigation, testimony about whether the officers had ever discharged their
weapons, testimony about stolen guns, and prosecutor argument outside the record, are filed and set
for submission to determine whether Applicant was denied the effective assistance of counsel. The
parties shall brief whether the complained of testimony was inadmissible, whether the complained
of argument was improper, whether counsel was deficient in failing to object to or in eliciting the
testimony and argument, and whether Applicant suffered resulting harm, including whether the
cumulative effect from any deficient performance harmed Applicant. See Strickland v. Washington,
466 U.S. 668 (1984).
It appears that Applicant is represented by counsel. If that is not correct, the trial court shall
determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by
counsel, the trial court shall appoint an attorney to represent Applicant. 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: a confirmation that Applicant is represented by counsel; the
order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with
this Court within 120 days of the date of this order.
Filed: April 26, 2017
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