Traylor, Clifford Wayne

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-49,780-03, WR-49,780-04, & WR-49,780-05
EX PARTE CLIFFORD WAYNE TRAYLOR, Applicant
ON APPLICATIONS FOR WRITS OF HABEAS CORPUS
CAUSE NOS. W97-13952Q(B), W97-13953Q(B), & W97-13954Q(B)
IN THE 204TH DISTRICT COURT
FROM DALLAS COUNTY
Per curiam.
ORDER
Applicant was convicted three times of aggravated robbery and sentenced to twenty-eight
years’ imprisonment for each conviction. The Fifth Court of Appeals affirmed his convictions.
Taylor v. State, Nos. 05-98-01264-CR, 05-98-01265-CR, & 05-98-01266-CR (Tex. App.—Dallas
Apr. 19, 2000) (not designated for publication). Applicant filed these applications for writs of
habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See
TEX . CODE CRIM . PROC. art. 11.07.
Applicant contends, among other things, that the Parole Board violated his due process rights
by revoking his parole without giving him a final parole revocation hearing and by failing to give
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him a written statement detailing the evidence relied upon and the reasons for revoking his parole.
Applicant has alleged facts that, if true, might entitle him to relief. Morrissey v. Brewer, 408 U.S.
471 (1972). Accordingly, the record should be developed. The trial court is the appropriate forum
for findings of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d). The trial court shall order the Texas
Department of Criminal Justice’s Office of the General Counsel to obtain a response from a person
with knowledge of relevant facts. In developing the record, the trial court may use any means set
out in Article 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 wants to be represented by counsel, the trial court
shall appoint counsel to represent him at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If
counsel is appointed or retained, the trial court shall immediately notify this Court of counsel’s
name.
The trial court shall make findings of fact and conclusions of law as to whether Applicant
is receiving due process in the parole revocation proceedings. The trial court may make any other
findings and conclusions that it deems appropriate in response to Applicant’s claim.
The trial court shall make findings of fact and conclusions of law within ninety days from
the date of this order. The district clerk shall then immediately forward to this Court the trial court’s
findings and conclusions and the record developed on remand, including, among other things,
affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from
hearings and depositions. See TEX . R. APP. P. 73.4(b)(4). Any extensions of time must be requested
by the trial court and obtained from this Court.
Filed: September 7, 2022
Do not publish