Strickland, David Malcom

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,470-01
EX PARTE DAVID MALCOM STRICKLAND, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. S-14-3187CR-HC IN THE 36TH DISTRICT COURT
FROM SAN PATRICIO COUNTY
Per curiam.
ORDER
Applicant was convicted of capital murder and sentenced to life imprisonment. The
Thirteenth Court of Appeals affirmed his conviction. Strickland v. State, No. 13-16-00701-CR (Tex.
App.—Corpus Christi, Jan. 23, 2020). 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 asserts, and the appellate court’s opinion affirms, that DNA testing was performed
on a pubic hair after trial. Applicant contends that the test results show that another suspect was the
source of the hair. We remand this application to the 36th District Court of San Patricio County, to
allow the trial judge to complete an evidentiary investigation and enter findings of fact and
conclusions of law. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall make findings
of fact and conclusions of law in regard to Applicant's claim that he is actually innocent and whether
the evidence he provides is newly discovered. Ex parte Brown, 205 S.W.3d 538, 545 (Tex. Crim.
App. 2006). 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. 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 represented
by counsel. If Applicant is not represented by counsel, the trial court 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 Applicant at the hearing. 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.
We remand this application to the trial court to complete its evidentiary investigation and
make findings of fact and conclusions of law. To the extent that Applicant seeks DNA testing of
other items, an 11.07 habeas application is not the proper vehicle for relief. See Ex parte Baker, 185
S.W.3d 894, 897 (Tex. Crim. App. 2006).
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: May 12, 2021
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