Stephenson, Markus Ladane

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-84,646-01
EX PARTE MARKUS LADANE STEPHENSON, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. WRIT08574 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 charged with capital murder,
but pleaded guilty to the lesser offense of murder in exchange for a sentence of sixty years’
imprisonment. He did not appeal his conviction.
Applicant contends, among other things1, that his trial counsel rendered ineffective assistance
because trial counsel failed to adequately investigate, failed to file a motion to suppress Applicant’s
1
This Court has reviewed Applicant’s other claims and finds them to be without merit.
custodial statement, failed to move for a recusal of the trial judge, advised Applicant that he had “no
chance” at trial and that the plea in exchange for a sixty-year sentence was his best option, and failed
to provide Applicant with copies of documents or transcripts upon request.
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
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).
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 copies of the plea documents,
including any written admonishments, waivers and stipulations, plea agreement, and any evidence
which was introduced in support of the plea. 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 shall
be obtained from this Court.
Filed: March 9, 2016
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