Wasserman, Charles Devon ( 2022 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,735-02
EX PARTE CHARLES DEVON WASSERMAN, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 12-10-11,721-A IN THE 24TH DISTRICT COURT
FROM DEWITT COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated sexual assault of a child and sentenced to ninety-nine
years’ imprisonment. The Thirteenth Court of Appeals affirmed his conviction. Wasserman v. State,
13-13-00144-CR (Tex. App.—Corpus Christi-Edinburgh Aug. 14, 2014)(not designated for
publication). Applicant filed this 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 contends, among other things, that trial counsel was ineffective by failing to
consult and hire an expert witness, failing to effectively cross-examine witnesses, failing to call
favorable witnesses, and failing to properly investigate the case and the complainant’s medical
records. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v.
Washington, 466 U.S. 668 (1984). Accordingly, the record should be developed. The trial court is
the appropriate forum for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). Trial counsel
has already submitted an affidavit and testified in a habeas hearing held on March 4, 2022. If the
trial court believes further information or testimony would assist in the making of his findings of
fact, the trial court may obtain a supplemental affidavit or hold an additional hearing.
The trial court shall make findings of fact and conclusions of law as to whether, considering
the totality of the circumstances, the common-law doctrine of laches bars equitable relief in this case.
Ex parte Perez, 398 S.W.3d 206 (Tex. Crim. App. 2013). The trial court shall also make findings
of fact and conclusions of law as to whether, in light of the totality of the evidence presented at trial,
trial counsel’s performance was deficient and Applicant was prejudiced. 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: April 20, 2022
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