Moseley, Jeana Denise A/K/A Jeana Denise Place A/K/A Jeanna Denise Place ( 2019 )

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-90,204-01, 90,204-02 & 90,204-03
EX PARTE JEANA DENISE MOSELEY, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR14-0595-01, CR14-0593-01 & CR14-0594-01
IN THE 43RD DISTRICT COURT
FROM PARKER COUNTY
Per curiam.
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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two counts
of delivery of a controlled substance and one count of aggravated assault. She was sentenced to
imprisonment for two terms of forty years and one term of twenty years. She did not appeal her
convictions.
Applicant contends that her guilty pleas were involuntary because she was not competent to
stand trial and because trial counsel failed to investigate whether she was competent. Applicant has
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alleged facts that, if true, might entitle her to relief. Strickland v. Washington, 466 U.S. 668 (1984);
Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). In these circumstances, 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 shall order trial counsel,
James R. Wilson, to respond to Applicant’s claims. The trial court may use any means set out in
TEX . CODE CRIM . PROC. art. 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 wishes to be represented by counsel, the trial court shall appoint an
attorney to represent her at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
The trial court shall make findings of fact and conclusions of law as to whether Applicant’s
guilty pleas were involuntary because she was not competent to stand trial and because trial counsel
failed to investigate whether she was competent. The trial court shall also determine whether
Applicant’s claims are barred by the equitable doctrine of laches. 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 claims for habeas corpus relief.
These applications 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
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.
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Filed: August 21, 2019
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