King, Courtland Wayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-72,077-02
EX PARTE COURTLAND WAYNE KING, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W11-59371-U(A) 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 capital murder
and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. King v.
State, No. 05-12-00842-CR (Tex. App.—Dallas, Jan. 28, 2014) (not designated for publication).
Applicant contends, among other things, that his appellate counsel rendered ineffective
assistance because he did not recognize that the trial court granted of a motion for new trial and did
not take action accordingly. The habeas record contains no record of a motion for new trial, no
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response from the State, and no findings from the trial court.
Applicant has alleged facts that, if true, might entitle him to relief. Smith v. Robbins, 528
U.S. 259, 285-86 (2000); Strickland v. Washington, 466 U.S. 668 (1984). 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
appellate 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 a motion for
new trial was granted in this case. If so, the trial court shall also make findings of fact and
conclusions of law as to whether appellate counsel’s performance 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
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.
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Filed: July 1, 2015
Do not publish