Brooks, Vincent Scott ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-63,573-03
EX PARTE VINCENT SCOTT BROOKS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 02-335-K277 C IN THE 277TH DISTRICT COURT
FROM WILLIAMSON COUNTY
Per curiam.
ORDER
A jury convicted Applicant of burglary of a habitation and aggravated assault. Applicant filed
this subsequent 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 alleges he is actually innocent, and he complains of a trial court evidentiary ruling.
He presents an affidavit purportedly made by the victim in which she recants her trial testimony. The
trial court entered an Order Designating Issues on the actual innocence claim. The other claim is
procedurally barred. Ex parte Banks, 769 S.W.2d 539 (Tex. Crim. App. 1989); Ex parte Gardner,
959 S.W.2d 189 (Tex. Crim. App. 1996). There are no findings in the habeas record resolving the
disputed factual issues.
2
Applicant presents an affidavit purportedly made by the victim stating, “[T]he case with
[Applicant] was fabricated. The prosecutor coerced me into agreeing with the Machete and the
violence against me, and at this time I am withdrawing my testimony. We had an argument and I was
not attacked.” The notary supplied an affidavit stating, in relevant part, “The signature and notary
stamp are mine. None of the other writings on the page are from me. I do not recall ever seeing the
document before today.” The victim also supplied an affidavit—she says she did not make the
recantation.
The record should be developed, and the trial court is the appropriate forum for findings of
fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall make credibility determinations
and enter findings of fact resolving the disputed factual issues. The trial court shall also make
findings on whether, if the affidavit Applicant presented is fraudulent, Applicant should be cited for
abuse of the writ. See Ex parte Jones, 97 S.W.3d 586 (Tex. Crim. App. 2003); TEX . GOV ’T CODE
§ 498.0045(a-1). 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: March 31, 2021
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