Freeman, Jonathan Edward ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-93,111-01
EX PARTE JONATHAN EDWARD FREEMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1143836-A IN THE 339TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated robbery with a deadly weapon and sentenced to
twenty-five years’ imprisonment. The Fourteenth Court of Appeals affirmed his conviction.
Freeman v. State, No. 14-09-00882-CR (Tex. App.—Houston [14th Dist.], Feb. 24, 2011) (not
designated for publication). Applicant filed this application for a writ of habeas corpus in the county
of conviction, and the district clerk forwarded it to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends, among other things, that trial counsel was ineffective because he failed
to subject the State's case to meaningful adversarial testing by failing to have an independent DNA
analysis of items seized by police and used by the State to corroborate the testimony by two
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accomplice-witnesses. Applicant has alleged facts that, if true, might entitle him to relief. Strickland
v. Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court
is the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial
court shall order trial counsel to respond to Applicant’s claim. In developing the record, the trial
court may use any means set out in Article 11.07, § 3(d). It appears that Applicant is represented by
counsel. If the trial court elects to hold a hearing, it shall determine if Applicant is represented by
counsel, and if not, whether Applicant is indigent. If Applicant is indigent and wishes to be
represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing.
See TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether trial counsel’s
performance was deficient and Applicant was prejudiced. The trial court shall also make specific
findings as to whether an independent DNA analysis at the time of Applicant’s trial would have
yielded different results than the DNA analysis used and relied upon by the State at trial. The trial
court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claims.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
Applicant’s memorandum in support, if one exists, affidavits, motions, objections, proposed findings
and conclusions, orders, and transcripts from hearings and depositions. See TEX . R. APP . P.
73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.
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Filed: October 27, 2021
Do not publish