Brooks, Darren

• Court: Court of Criminal Appeals of Texas
• Decided: January 12, 2023
• Docket: WR-93,887-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,887-01

EX PARTE DARREN BROOKS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W20-00586-V(A) IN THE 292ND DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

ORDER

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. On July 27,

2022, this Court remanded this matter to the trial court to obtain affidavits from trial counsel and the

trial prosecutor, and findings of fact and conclusions of law from the trial court addressing

Applicant’s claims. On January 9, 2023, this Court received a supplemental record containing the

trial court’s findings of fact and conclusions of law. Under Article 11.07 of the Texas Code of

Criminal Procedure, a district clerk is required to forward to this Court, among other things, “the

application, any answers filed, any motions filed, transcripts of all depositions and hearings, any

affidavits, and any other matters such as official records used by the court in resolving issues of 2

fact.” Id. at § 3(d); see also TEX . R. APP . P. 73.4(b)(4). The record forwarded to this Court appears,

however, to be incomplete. Specifically, the trial court’s findings of fact and conclusions of law

make reference to attached affidavits from trial counsel Heath Harris and trial prosecutor Robert

Withers. However, those documents are not attached and are not included in the supplemental

record.

The district clerk shall either forward to this Court affidavits of trial counsel Heath Harris

and trial prosecutor Robert Withers or certify in writing that these documents are not part of the

record. The district clerk shall comply with this order within thirty days from the date of this order.

Filed: January 12, 2023 Do not publish