Bush, Lanny Marvin

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2018
• Docket: WR-22,600-04
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-22,600-04

EX PARTE LANNY MARVIN BUSH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 2602-C IN THE 42ND DISTRICT COURT FROM COLEMAN 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 murder and

sentenced to life imprisonment. The Eleventh Court of Appeals affirmed his conviction. Bush v.

State, No. 11-14-00129-CR (Tex. App.—Eastland Aug. 11, 2016)(not designated for publication).

Applicant contends, among other things, that his trial counsel rendered ineffective assistance

due to a conflict of interest. Applicant alleges that counsel also represented a State’s witness and

prevented that witness from being called to testify at Applicant’s trial. Applicant also contends that

his appellate counsel rendered ineffective assistance because counsel failed to brief the issue of the 2

trial court’s denial of a mistrial due to the improper admission of Applicant’s prior criminal history.

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. 3

Filed: August 22, 2018 Do not publish