Bryant, Billy Ray

• Court: Court of Criminal Appeals of Texas
• Decided: January 12, 2011
• Docket: WR-74,973-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

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NO. WR-74,973-01

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EX PARTE BILLY RAY BRYANT, Applicant

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ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR01125 IN THE 102ND DISTRICT COURT

FROM RED RIVER COUNTY

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           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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of capital murder and sentenced to imprisonment for life. The Sixth Court of Appeals affirmed his conviction. Bryant v. State, No. 06-08-00037-CR (Tex. App.–Texarkana 2009, pet. ref’d).

            Applicant contends, among other things, that his due process rights were violated when Dalinda Claborne committed perjury at trial. Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Fierro, 934 S.W.2d 370 (Tex. Crim. App. 1996); Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009). 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 make findings of fact and conclusions of law as to whether Claborne committed perjury and, if so, whether Applicant has established by a preponderance of the evidence that this error contributed to his conviction or punishment.

            The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, § 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id. Applicant appears to be represented by counsel. If he is not and 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 him at the hearing. Tex. Code Crim. Proc. art. 26.04.

            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. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. 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 returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: January 12, 2011

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