Opinion
NO. WR-84,508-02
10-04-2017
EX PARTE LARRY RANDALL STEELE , Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 17-11739-W2 IN THE 278TH DISTRICT COURT FROM MADISON 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 indecency with a child and sentenced to twelve years' imprisonment. The Fourth Court of Appeals affirmed his conviction. Steele v. State, No. 04-13-00486-CR (Tex. App.—San Antonio June 4, 2014)(not designated for publication) .
Applicant contends that his trial counsel rendered ineffective assistance because counsel failed to object under Texas Rules of Evidence 601(a)(2) that the victim was not competent to testify, failed to secure a ruling from the trial court or request a mistrial when the prosecutor improperly argued that the defense was leading the jury down rabbit trails, and failed to bring to the trial court's attention that the State prevented the defense from locating a key witness. Applicant also alleges appellate counsel was deficient for failing to file a motion for new trial. Specifically, Applicant alleges that appellate counsel should have developed the fact that a key witness was fraudulently kept from the court.
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 and appellate counsel to respond to Applicant's claim 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 make findings of fact and conclusions of law as to whether the performance of Applicant's trial counsel and appellate 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 must be requested by the trial court and shall be obtained from this Court. Filed: October 4, 2017
Do not publish