Bryant, Billy Ray

• Court: Court of Criminal Appeals of Texas
• Decided: February 5, 2014
• Docket: WR-74,973-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-74,973-01 EX PARTE BILLY RAY BRYANT, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. CR01125-HC IN THE 102ND DISTRICT COURT

FROM RED RIVER 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 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, 282 S.W.3d 156 (Tex. App.--Texarkana 2009, pet. ref'd).

Applicant contends, among other things, that trial counsel rendered ineffective assistance. We order that this application be filed and set for submission to determine whether trial counsel's conduct was deficient and Applicant was prejudiced. Strickland v. Washington, 466 U.S. 668, (1984). The parties shall brief this issue. Oral argument is not permitted.

Applicant appears to be 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 within 90 days of the date of this order.

Filed: February 5, 2014

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