Elam, Darius Duron ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-13,444-17
EX PARTE DARIUS DURON ELAM, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 380350-I IN THE 232ND DISTRICT COURT
FROM HARRIS COUNTY
Per curiam. Keel, J. not participating.
ORDER
Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the
clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated
robbery and sentenced to life imprisonment. The Fourteenth Court of Appeals affirmed his
conviction. Elam v. State, No. 14-84-00394-CR (Tex. App.—Houston [14th] June 12, 1986).
Applicant contends, among other things, that a witness has admitted that his trial testimony
was false and that the recantation of that testimony combined with new DNA evidence shows he is
actually innocent.
Applicant has alleged facts that, if true, might entitle him to relief. In these circumstances,
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additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim.
App. 1960), the trial court is the appropriate forum for findings of fact. The trial court may use any
means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
The trial court has signed findings of fact regarding Applicant’s original allegations, but has
advised the Court that supplemental grounds that Applicant filed on June 3, 2021 have not yet been
addressed and are still being developed. This Court is also missing the exhibits which were filed
during the habeas hearings held on July 12, 2019 and August 9, 2021. On January 31, 2022, an order
directing the district clerk’s office to supplement the record with those exhibits, but the exhibits have
not yet been forwarded to the Court.
The trial court may order depositions, interrogatories or a hearing. It appears that Applicant
is represented by counsel. If the trial court elects to hold a hearing, it shall determine if Applicant
is represented by counsel, and if not, 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.
The trial court shall make supplemental findings of fact and conclusions of law regarding
those grounds raised by Applicant which were not addressed in the court’s prior findings of fact.
The trial court shall also supplement the record with the exhibits from the habeas hearings held on
July 12, 2019 and August 9, 2021. The trial court shall also make any other findings of fact and
conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for
habeas corpus relief.
This application will be held in abeyance until the trial court has resolved the fact issues. The
issues shall be resolved within 90 days of this order. A supplemental transcript containing all
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affidavits and interrogatories or the transcription of the court reporter’s notes from any hearing or
deposition, along with the trial court’s supplemental findings of fact and conclusions of law, shall
be forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: April 13, 2022
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