Williams, James Dale ( 2021 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-38,531-02 & 38,531-03
EX PARTE JAMES DALE WILLIAMS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NOS. 1567892-A & 1553688-A IN THE 248TH DISTRICT COURT
FROM HARRIS COUNTY
Per curiam.
ORDER
Applicant pleaded guilty to retaliation and aggravated assault with a deadly weapon. He was
sentenced to sixty years’ imprisonment for each offense, to run concurrently. Applicant did not
appeal his convictions. Applicant filed these applications for a writ of habeas corpus in the county
of conviction, and the district clerk forwarded them to this Court. See TEX . CODE CRIM . PROC. art.
11.07.
Applicant contends, among other things, that his pleas were involuntary because trial counsel
failed to investigate his psychiatric history. Applicant has alleged facts that, if true, might entitle him
to relief. Hill v. Lockhart, 474 U.S. 52 (1985); Ex parte Argent, 393 S.W.3d 781 (Tex. Crim. App.
2013). Accordingly, the record should be developed. The trial court is the appropriate forum for
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findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order trial counsel
to file a supplemental response to Applicant’s claims. In developing the record, the trial court may
use any means set out in Article 11.07, § 3(d). If the trial court elects to hold a hearing, it shall
determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by
counsel, the trial court shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM .
PROC. art. 26.04. If counsel is appointed or 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 trial counsel’s
performance was deficient and Applicant would have insisted on a trial but for counsel’s alleged
deficient performance. The trial court shall also make specific findings of fact as to whether
Applicant’s medical records support his allegations about his mental health, whether Applicant told
trial counsel about his psychiatric history, and whether Applicant asked trial counsel to request the
trial court to order a psychiatric evaluation. The trial court may make any other findings and
conclusions that it deems appropriate in response to Applicant’s claims.
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: July 28, 2021
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