Jean, Joseph ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,327-01
EX PARTE JOSEPH FRANCOIS JEAN, Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS
IN CAUSE NO. 1302120-A IN THE 230 TH JUDICIAL DISTRICT COURT
HARRIS COUNTY
Per curiam. N EWELL, J., not participating.
ORDER
In June 2011, a jury found Applicant guilty of the offense of capital murder. See
T EX. P ENAL C ODE § 19.03(a). Based on the jury’s answers to the statutory punishment
questions set out in Texas Code of Criminal Procedure Article 37.071, the trial court
sentenced Applicant to death.1 We affirmed Applicant’s conviction and sentence on
direct appeal. Jean v. State, No. AP-76,601 (Tex. Crim. App. June 26, 2013) (not
1
Unless otherwise indicated, all references in this order to Articles refer to the Texas
Code of Criminal Procedure.
Jean - 2
designated for publication). The trial court reviewed Applicant’s timely filed initial writ
application on the merits and forwarded it to this Court with a recommendation.
However, by the time this Court received the application, a change in the law
prompted us to remand the case for further fact-finding. See Ex parte Jean, No. WR-
84,327-01 (Tex. Crim. App. June 28, 2017) (not designated for publication). In the
remand order, we instructed the trial court to finish its review within 60 days of the date
of the order. The trial court subsequently requested an extension of time, and this Court
granted the extension to December 1, 2017.
It has been three years since the application was due to be returned to this Court.
Accordingly, we order the trial court to resolve any remaining issues in the case within 90
days from the date of this order. The clerk shall then immediately transmit the complete
writ record to this Court. Any extensions of time shall be requested by the trial judge, or
on his or her behalf, and obtained from this Court.
IT IS SO ORDERED THIS THE 13TH DAY OF JANUARY, 2021.
Do Not Publish