Mapps, Tilton Joshua Isaiah

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-89,028-01
EX PARTE TILTON JOSHUA ISAIAH MAPPS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 1524810A IN THE 8TH DISTRICT COURT
FROM HOPKINS 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 ninety-nine years’ imprisonment. The Sixth Court of Appeals affirmed his conviction.
Mapps v. State, No. 06-16-00156-CR (Tex. App. — Texarkana 2017) (not designated for
publication) .
Applicant contends that his trial counsel rendered ineffective assistance for numerous
reasons. Applicant alleges that trial counsel failed to object when Applicant was not present during
critical stages of trial, and failed to object to ex parte meetings between the trial court and two
2
jurors.
Applicant alleges that trial counsel failed to advise him about the “confession and avoidance
doctrine,” and failed to advise him that if he testified that he was not present during the offense he
could not have the jury consider whether he acted in self-defense.
Applicant alleges that trial counsel failed to request a mistrial when a venire member had an
outburst that tainted the entire venire panel. Applicant alleges that trial counsel failed to request an
instruction to disregard or a mistrial when it was noticed that a person seated in the gallery
immediately in front of the jury was wearing a shirt with a large picture of the deceased on it.
Applicant alleges that trial counsel failed to request an instruction limiting the jury’s
consideration of extraneous offenses and bad acts.
Applicant alleges that trial counsel failed to file a motion to suppress evidence illegally
seized from his cell phone. He alleges that trial counsel failed to object to improper victim impact
testimony, failed to object to the State’s gang expert on the basis that he was not qualified, failed to
object when the prosecutor interjected his personal and religious beliefs during closing arguments,
failed to ask that the jurors be re-admonished regarding their consideration of the application of
parole law to Applicant’s sentence, and failed to object when the State introduced evidence of the
national gang problem and suggested that Applicant should be punished based on gang activities
throughout the state and nation.
Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington,
466 U.S. 668 (1984); 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
3
shall order trial counsel to respond to Applicant’s claims of ineffective assistance of counsel. The
trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, § 3(d). In the
appropriate case, the trial court may rely on its personal recollection. Id.
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 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
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 must
be requested by the trial court and shall be obtained from this Court.
Filed: October 24, 2018
Do not publish