Matthews, John Lawrence

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,374-01
EX PARTE JOHN LAWRENCE MATTHEWS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 10823JD-HC-1 IN THE 1ST DISTRICT COURT
FROM JASPER 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 Thirteenth Court of Appeals affirmed his conviction in
Matthews v. State, No. 13-12-00052-CR (Tex. App.—Edinburg–Corpus Christi July 25, 2013)(not
designated for publication).
Applicant contends that his trial counsel rendered ineffective assistance. Applicant has
alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984);
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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 to respond to Applicant’s claim of ineffective assistance of counsel. 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 Applicant 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 counsel: (1)
failed to file a motion to suppress the evidence that was obtained by a warrantless search of the crime
scene, (2) failed to file a motion to suppress Applicant’s DNA that was taken illegally, (3) failed to
argue that Applicant was arrested without a warrant, (4) failed to argue that Applicant was arrested
using an illegal GPS phone track (5) failed to object to the autopsy report, (6) failed to obtain an
expert to challenge the State’s theory of the victim’s death, (7) failed to interview a witness and his
girlfriend who could have testified that they saw Jason Brown, not Applicant, exit the room after the
victim fell through the motel window, and (8) failed to send the evidence to an independent lab for
review. The trial court shall also make findings of fact and conclusions of law as to whether the
performance of Applicant’s trial counsel was deficient and, if so, whether counsel’s deficient
performance prejudiced Applicant. 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.
This application will be held in abeyance until the trial court has resolved the fact issues. The
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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: January 14, 2015
Do not publish