Eitel, Ronald Dale ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-16,721-11; WR-16,721-12; WR-16,721-13; WR-16,721-14
EX PARTE RONALD DALE EITEL, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. 364014-E; 356103-E; 364015-E 356099-E
IN THE 263RD DISTRICT COURT FROM HARRIS COUNTY
Per curiam. KELLER , P.J. filed a concurring opinion, joined by SLAUGHTER , J.
YEARY , J. filed a concurring opinion joined by SLAUGHTER , J.
ORDER
Applicant was convicted of two counts of rape and two counts of aggravated sexual abuse
and sentenced to twenty years’ imprisonment on the rape charges and sixty years’ imprisonment on
the aggravated sexual abuse charges. The First Court of Appeals affirmed his convictions. Eitel v.
State, Nos. 01-82-00880-CR; 01-82-00881-CR; 01-82-00882-CR; 01-82-00883-CR (Tex.
App.—Houston [1st Dist.] Nov. 23, 1983)(not designated for publication). Applicant filed these
applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded
them to this Court. See TEX . CODE CRIM . PROC. art. 11.07.
These applications were file-stamped in Harris County on October 4, 2013. An order
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designating issues was signed by the trial judge on November 4, 2013. These applications were not
received by this Court until October 18, 2022. There is no indication in the record of any action by
the trial court after the order designating issues was signed. Nor is there any indication as to why
these applications were pending in Harris County for so long without any action by the clerk or the
trial court.
Applicant contends that his plea was involuntary because counsel told him that the forensic
serology testing did not exclude him as the perpetrator of the assaults when actually five of the six
tests excluded him as a possible contributor. Applicant has alleged facts that, if true, might entitle
him to relief. Brady v. United States, 397 U.S. 742 (1970). 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).
As a preliminary matter, the trial court shall make findings of fact as to why no action was
taken by the trial court or the clerk between the entry of the order designating issues and the
forwarding of the application to this Court. The trial court shall obtain a response from Applicant
as to whether Applicant still wants to pursue these applications, and shall include that response in
the supplemental record. If the trial court is unable to obtain such a response from Applicant, the
trial court shall detail the efforts made to obtain a response from Applicant. The trial court shall
then return the application to this Court.
If Applicant indicates that he does want to pursue these applications, 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 whether Applicant is indigent. If Applicant
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is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent
him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings as to whether this application meets an exception to the
bar on subsequent applications under TEX . CODE CRIM . PROC. art. 11.07 §4. The trial court shall
make findings of fact and conclusions of law as to whether Applicant’s plea was involuntary. The
trial court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claim.
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,
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.
Filed: December 7, 2022
Do not publish