McCurdy, Tyrone Learone

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,218-01
EX PARTE TYRONE LEARONE MCCURDY, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. WRIT08497 IN THE 196TH DISTRICT COURT
FROM HUNT 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 murder and
sentenced to fifty years’ imprisonment. The Sixth Court of Appeals modified the judgment and
affirmed his conviction. McCurdy v. State, No. 06-12-00206-CR (Tex. App.—Texarkana Sept. 26,
2013) (not designated for publication).
Applicant contends that the State failed to disclose evidence of a plea agreement it made with
Bernard Kelly, Jr., and knowingly elicited testimony from Kelly at trial that no promises had been
made in exchange for his testimony. Applicant also contends that trial counsel failed to object to
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Detective Mike Johnston’s testimony at trial, consult with or call a ballistics expert, and object when
a video of the deceased lasting approximately fifteen minutes was played at trial.
On December 16, 2015, and May 17, 2017, we remanded this application for an evidentiary
hearing, a response from trial counsel, and findings of fact and conclusions of law. After holding
evidentiary hearings and making findings and conclusions, the trial court recommended that we deny
relief. Based on the trial court’s findings and conclusions and our own independent review of the
record, we agree with the trial court’s recommendation. Relief is denied.
Filed: November 14, 2018
Do not publish