Ard, Ex Parte Dennis Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: June 13, 2007
• Docket: AP-75,704
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-75,704 EX PARTE DENNIS WAYNE ARD, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. W01-4377-N(A) IN THE 195TH DISTRICT COURT

FROM DALLAS COUNTY

Per curiam.

O R D E R

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual assault and sentenced to sixty years' imprisonment.

Applicant contends that his trial counsel rendered ineffective assistance because counsel failed to adequately prepare and present expert testimony concerning memory implantation, allowed the State to make allegations of homosexual conduct through a line of questioning that was the subject of a motion in limine, and failed to object to a hearsay statement from a non-testifying witness introduced during punishment regarding alleged homosexual conduct. We order that this application be filed and set for submission to determine whether Applicant was prejudiced by trial counsel's performance. The parties shall brief this issue.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 60 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before September 12, 2007.

Filed: June 13, 2007

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