Mozee, Stanley Orson

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,467-01
EX PARTE STANLEY ORSON MOZEE, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. F-99-02631-TR IN THE 265TH DISTRICT COURT
FROM DALLAS 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 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 capital murder
and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Mozee v.
State, No. 05-00-01260-CR (Tex. App.—Dallas Dec. 14, 2001) (not designated for publication).
Applicant contends, among other things, that the State violated Brady v. Maryland1 when it
did not disclose an alleged agreement with a jailhouse informant despite the informant’s testimony
1
373 U.S. 83 (1963).
2
at trial that they had “no deal.” The trial court and the State agree that Applicant is entitled to relief
under Brady.
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 provide the trial prosecutor with the opportunity to respond to Applicant’s Brady
claim. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
It appears that Applicant is represented by counsel. If the trial court determines he is not
represented by counsel and elects to hold a hearing, it shall then 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.
The trial court shall make supplemental findings of fact and conclusions of law addressing
the response, if any, of the trial prosecutor. The trial court shall also make any other supplemental
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
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 shall
be obtained from this Court.
Filed: February 4, 2015
Do not publish