Brown, Bakari Abdul

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-87,811-01 & 87,811-02
EX PARTE BAKARI ABDUL BROWN, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. CR30879-A & CR30880-A IN THE 253RD DISTRICT COURT
FROM LIBERTY 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 these applications for writs of habeas corpus. Ex
parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of possession
of a controlled substance and unlawful possession of a firearm by a felon and sentenced to two terms
of life imprisonment. The Ninth Court of Appeals affirmed his convictions. Brown v. State, Nos. 09-
15-00003-CR & 09-15-00004-CR (Tex. App.—Beaumont Mar. 15, 2017) (not designated for
publication).
Applicant contends, among other things, that at the guilt stage of trial counsel failed to
stipulate to Applicant’s prior conviction for possession of a controlled substance and object when
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the State elicited details about this conviction and introduced the judgment. Applicant also contends
that at the guilt stage counsel failed to introduce an exculpatory affidavit signed by Judy Daniels.
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 the above claims and explain her trial strategy, if any, for his
alleged deficient conduct. 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 him at the hearing. TEX . CODE CRIM . PROC. art. 26.04.
After reviewing counsel’s response, the trial court shall make findings of fact and conclusions
of law as to whether counsel’s conduct was deficient and Applicant was prejudiced. 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 claims for habeas corpus relief.
These applications 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.
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Filed: October 10, 2018
Do not publish