Ta, Tuan Trung ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-94,322-01
EX PARTE TUAN TRUNG TA, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1282590-A IN THE 228TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. YEARY , J., filed a concurring opinion in which SLAUGHTER , J., joined.
ORDER
Applicant entered an open guilty plea to murder and was sentenced to forty years’
imprisonment. He did not appeal his conviction. 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 his plea was involuntary due the ineffective
assistance of his trial attorneys. Specifically, Applicant claims that his attorneys failed to research
the law and facts necessary to present a self-defense or a defense-of-a-third person claim, as well as
a mitigation case at punishment centered on sudden passion. Applicant also claims that his attorneys
prevented him from testifying during the punishment hearing against his express wishes.
2
Applicant has alleged facts that, if true, might entitle him to relief. Hill v. Lockhart, 474 U.S.
52 (1985); Johnson v. State, 169 S.W.3d 223 (Tex. Crim. App. 2005). 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 Applicant trial attorneys to respond to
Applicant’s claims. 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
performances were deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performances. The trial court shall make specific findings as to (1) whether counsel
incorrectly advised Applicant that he would have to plead guilty in order to make a sudden passion
mitigation claim at punishment, and if so, how that advice impacted Applicant’s decision to plead
guilty; (2) whether counsel presented a sudden passion mitigation claim at punishment, including
whether counsel filed a sentencing memorandum arguing for a sudden passion finding under seal in
the trial court; and (3) whether Applicant’s belief that he would testify at punishment impacted his
decision to plead guilty. The trial court shall also make specific findings as to whether trial counsel
appropriately advised Applicant about his right to testify on his own behalf, whether counsel
prevented him from testifying against his wishes, and if so, whether Applicant was harmed. The trial
court may make any other findings and conclusions that it deems appropriate in response to
Applicant’s claims.
3
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 14, 2022
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