Chimney, Antonio ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-90,121-02
EX PARTE ANTONIO CHIMNEY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 22-9640-W2 IN THE 12TH DISTRICT COURT
FROM MADISON COUNTY
Per curiam.
ORDER
Applicant was convicted of murder and sentenced to life imprisonment. The Tenth Court
of Appeals affirmed his conviction. Chimney v. State, 6 S.W.3d 681 (Tex. App.—Waco 1999).
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 that he is actually innocent and that trial counsel was ineffective because
he failed to investigate and present evidence of an alternate shooter. As part of the record in writ
number 90,121-01, which this Court dismissed as non-compliant in 2019, Applicant provided an
affidavit from Roshaan Perry stating that he was the person who shot the victims in this case and that
Applicant did not have a gun on the night of the incident. Applicant has alleged facts that, if true,
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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). If the
trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant 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. If counsel is appointed or retained, the trial
court shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether, considering
the totality of the circumstances, the common-law doctrine of laches bars equitable relief in this case.
Ex parte Perez, 398 S.W.3d 206 (Tex. Crim. App. 2013). The trial court shall also make findings
of fact and conclusions of law as to whether there is new evidence sufficient to show that Applicant
is actually innocent of this offense and whether trial counsel’s performance was deficient and
Applicant was prejudiced. 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,
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 05, 2022
Do not publish