Dorn, Christopher James ( 2020 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-91,228-01
EX PARTE CHRISTOPHER JAMES DORN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 25,709-A IN THE 258TH DISTRICT COURT
FROM POLK COUNTY
Per curiam.
ORDER
Applicant pled guilty to aggravated kidnapping under a plea agreement for a fifteen-year
prison sentence. There was no direct appeal. Applicant filed a pro se application for a writ of habeas
corpus alleging that his guilty plea was not voluntary. The trial court entered an order designating
issues and appointed habeas counsel, who filed an amended habeas application. Applicant says the
victim has been making statements to others that removes or lessens Applicant’s culpability, he
presents an exculpatory affidavit from a co-defendant, and he says he did not understand that he had
a possible defense to the kidnapping charge. The trial court has set several dates for an evidentiary
hearing but has had to continue the settings. The district clerk properly forwarded the habeas
application to this Court. See TEX . R. APP . PROC. 73.4(b)(5).
2
Regarding his claim about counsel, Applicant says that he “did not understand at the time of
his plea, if he was forced to assist in a criminal act for fear of his own personal safety in addition to
being verbally threatened and physically assaulted, that it amounts to ‘duress’ and therefore not held
accountable for such criminal acts” (emphasis in original). The affidavit habeas counsel submitted
from a co-defendant supports Applicant’s account of duress, and habeas counsel details her own
unsuccessful efforts to contact the victim. There is no response from trial counsel regarding his
discussions with Applicant about the facts of the offense and possible defenses, and there are no
findings from the trial court resolving the disputed factual issues it designated.
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 claims that Applicant’s guilty plea was involuntary. In developing the
record, the trial court may use any means set out in Article 11.07, § 3(d). The trial court shall then
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.
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 16, 2020
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