Davenport, James Javance

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-82,546-01
EX PARTE JAMES JAVANCE DAVENPORT, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W05-41796-V(A) IN THE 292ND 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 the offense of
capital murder and sentenced to life imprisonment. The Fifth Court of Appeals affirmed Applicant’s
conviction in Davenport v. State, No. 05-10-00329-CR (Tex. App.–Dallas 2012)(not designated for
publication).
On June 6, 2014, an order designating issues was signed by the trial court. It appears that the
trial court has not completed its fact finding in these cases. We remand this application to the 292nd
District Court of County to allow the trial judge to complete an evidentiary investigation and enter
findings of fact and conclusions of law.
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: January 14, 2015
Do not publish