Henry, Willie Iii

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-73,015-17
EX PARTE WILLIE HENRY III, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 98575-H IN THE 252ND DISTRICT COURT
FROM JEFFERSON 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 aggravated assault
and sentenced to prison. He is currently on parole release. In his habeas application, Applicant
complains of a parole condition—Special Condition X—that the Parole Board imposed on him.
This parole condition is regularly applied to sex offenders. Applicant, however, was
convicted of aggravated assault, and the habeas record does not show any other convictions.
Applicant complains that he was not afforded adequate due process in the Parole Board’s decision
to impose Special Condition X.
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A parolee who has not been convicted of a sex offense must be afforded procedural due
process before sex-offender conditions may be imposed upon him. See Ex parte Evans, 338 S.W.3d
545 (Tex. Crim. App. 2011). It appears from the habeas record that there was notice and disclosure
of evidence to Applicant before the Parole Board applied the sex-offender condition. It remains
unclear whether there was a hearing or if a hearing was waived and whether Applicant was afforded
due process in connection with that hearing (e.g, permitted to call and confront witnesses).
Applicant has alleged facts that, if true, might entitle him to relief. There is no response from
the Parole Board in the habeas record provided to this Court. 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 addressing the
issue of whether Applicant was provided adequate due process in connection with the Parole Board’s
decision to impose Special Condition X.
After obtaining the affidavit, the trial court may make further findings of fact and conclusions
of law regarding the claims raised in the habeas application. The trial court may also make any other
findings of fact and conclusions of law it deems relevant and appropriate to the disposition of
Applicant’s claims 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
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obtained from this Court.
Filed: October 24, 2018
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