Pointer, Jeffrey Shawn

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-84,786-01 & 84,786-02
EX PARTE JEFFREY SHAWN POINTER, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR07-300A & CR07-301A IN THE 235TH DISTRICT COURT
FROM COOKE 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
manslaughter and aggravated assault and sentenced to twenty-five years’ imprisonment on each
count.
Applicant contends, among other things, that trial counsel failed to investigate whether his
out-of-state punishment enhancements were final convictions. We order that these applications be
filed and set for submission to determine (1) whether Ex parte Pue, ___ S.W.3d ___ (Tex. Crim.
2
App. Feb. 28, 2018), announced a new rule for purposes of retroactivity; (2) if Pue announced a new
rule, whether it is a substantive or procedural rule; and (3) whether one of the exceptions to the
general rule of nonretroactivity applies. See Teague v. Lane, 489 U.S. 288, 307 (1989). The parties
shall brief these issues.
The trial court shall determine whether Applicant is indigent. If he is indigent and desires to
be represented by counsel, the trial court shall appoint an attorney to represent him. TEX . CODE
CRIM . PROC. art 26.04. The trial court shall send to this Court, within 60 days of the date of this
order, a supplemental transcript containing either the order appointing counsel or a statement that
Applicant is not indigent. All briefs shall be filed with this Court within 90 days of the date of this
order.
Filed: October 10, 2018
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