Dyson, James Aaron ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-51,197-03
EX PARTE JAMES AARON DYSON, Applicant
ON APPLICATION FOR WRIT OF HABEAS CORPUS
CAUSE NO. C-4-W011479-0657742-C
IN THE CRIMINAL DISTRICT COURT NO. 4 FROM TARRANT COUNTY
Per curiam.
ORDER
Applicant was convicted of engaging in organized criminal activity with a deadly weapon
and was sentenced to 50 years’ imprisonment. The Second Court of Appeals affirmed his
conviction. Dyson v. State, No. 02-98-096-CR (Tex. App.—Fort Worth, Sept. 16, 1999) (not
designated for publication). Applicant filed this application for 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.
This Court dismissed this application as subsequent on June 5, 2019. TEX . R. APP . P.
73.1(d). The Court has since received a suggestion to reconsider. We now withdraw our order of
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June 5, 2019, and reconsider this application on our own motion. TEX . R. APP . P. 79.2(d).
A defendant is entitled to relief on a false-evidence claim if he proves that (1) the
complained-of evidence was false and that (2) the false evidence was material to his conviction. Ex
parte Weinstein, 421 S.W.3d 656, 665 (Tex. Crim. App. 2014). Whether evidence is false turns on
whether the jury was left with a misleading or false impression after considering the evidence in its
entirety. Id. at 665-66. False evidence is material when “there is a ‘reasonable likelihood’ that [the
false evidence] affected the judgment of the jury.” Ex parte Chaney, 563 S.W.3d 239, 263-64 (Tex.
Crim. App. 2018) (quoting Weinstein, 421 S.W.3d at 665). Falsity is a factual inquiry, and we review
the court's findings under a deferential standard. Id. at 263. Materiality is a legal question that we
review de novo. Id.
We remand this application to Criminal District Court No. 4, of Tarrant County, to allow the
trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law.
TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall determine whether Aguirre’s
affidavit is a previously unavailable factual basis within the meaning of Article11.07, § 4(a)(1). The
court shall also determine whether, but for Aguirre’s misleading testimony, Applicant would not
have been convicted of engaging in organized crime. TEX . CODE CRIM . PROC. art. 11.07, § 4(a)(2).
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. However, if the trial court elects to hold
a hearing, it shall determine whether Applicant is represented by counsel. If Applicant is not
represented by counsel, the trial court shall determine 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. TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or
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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 Applicant’s
habeas application is barred as subsequent under Article 11.07, § 4. If the court determines that this
application is not barred as subsequent, then it shall address Applicant’s false-testimony allegation
on the merits. The trial court may make any other findings and conclusions that it deems relevant
and appropriate to the disposition of the application.
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: February 3, 2021
Do not publish