Opinion
WR-95,526-01
04-03-2024
EX PARTE WILLIAM CLIFFORD GOBLE JR., Applicant
Do not publish
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. B-20-0197-CR-W1 IN THE 161ST DISTRICT COURT FROM ECTOR COUNTY
ORDER
PER CURIAM
Applicant was convicted of murder and sentenced to 38 years' imprisonment. The Eleventh Court of Appeals affirmed his conviction. Goble v. State, No. 11-21-00174-CR (Tex. App.- Eastland Dec. 30, 2022) (not designated for publication). Through habeas counsel, Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.
Applicant contends that trial counsel was ineffective because counsel failed to object to witness testimony, to the State's mention of the Applicant's silence after being Mirandized, and to the jury instructions about the duty to retreat. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984). The record contains no response from trial counsel or trial court findings resolving the disputed factual issues. 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 trial counsel to respond to Applicant's claims. In developing the record, the trial court may use any means set out in Article 11.07, § 3(d).
The trial court shall make findings of fact and conclusions of law as to whether trial counsel's performance was deficient and Applicant was prejudiced. The trial court may make any other findings and conclusions that it deems appropriate.
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.