Stewart, Thomas Gilmore

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-26,727-06
EX PARTE THOMAS GILMORE STEWART, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W88-69008 U(E) IN THE 291ST 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 possession of a
controlled substance and sentenced to thirty years’ imprisonment.
Applicant contends, among other things,1 that he was denied due process in the parole
revocation process. Applicant alleges that his parole was revoked on an allegation that he possessed
a controlled substance in the Ellis County Jail. Applicant alleges that he never possessed a
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This Court has considered Applicant’s other claims and finds them to be without merit.
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controlled substance in the Ellis County Jail, although he admits that he was found to be in
possession of a controlled substance at his home, which resulted in a conviction in Ellis County.
Applicant alleges that he was not provided with adequate notice of the alleged parole violations, and
that he was not provided with adequate notice for the reasons his parole was revoked. The habeas
record contains no information or documentation regarding Applicant’s parole revocation.
Applicant has alleged facts that, if true, might entitle him to relief. 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
the Texas Department of Criminal Justice’s Office of the General Counsel to file an affidavit stating
when Applicant’s parole was revoked, and upon what basis. The affidavit shall state whether
Applicant was provided with notice of the alleged parole violations, and whether he was afforded
a preliminary hearing and a final revocation hearing or waived such hearings. The affidavit shall
state whether Applicant was provided with notice of the reasons for which his parole was ultimately
revoked.
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 first supplement the habeas record with all documents relevant to
Applicant’s parole revocation, including any notice of the alleged violations, any notification of the
offender’s rights in the revocation process signed or acknowledged by Applicant, any reports relating
to the revocation hearing or recommendation to revoke parole, and any notification of the reasons
for the revocation provided to Applicant. The trial court shall make findings of fact and conclusions
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of law as to whether Applicant was afforded adequate notice of the alleged violations of parole, and
adequate notice of the facts upon which the revocation was based. 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
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 3, 2016
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