Duncan, Michael Edwin Jr.

• Court: Court of Criminal Appeals of Texas
• Decided: April 21, 2021
• Docket: WR-92,466-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-92,466-01

EX PARTE MICHAEL EDWIN DUNCAN, JR., Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. W0455333A IN THE 203RD DISTRICT COURT FROM DALLAS COUNTY

Per curiam.

ORDER

Applicant was convicted of murder and sentenced to life years’ imprisonment. The Fifth

Court of Appeals affirmed his conviction. Duncan v. State, No. 05-05-01136-CR, 2006 WL 1461189

(Tex. App.—Dallas May 30, 2006, no pet.) (not designated for publication). 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 October 12, 2020, the trial court entered an order designating issues. The district clerk

properly forwarded this application to this Court under Texas Rule of Appellate Procedure

73.4(b)(5). However, the application was forwarded before the trial court made findings of fact and

conclusions of law. We remand this application to the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law.

The trial court shall make findings of fact and conclusions of law within ninety days from

the date of this order. The district clerk shall then immediately forward to this Court the trial court’s

findings and conclusions and the record developed on remand, including, among other things,

affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from

hearings and depositions. See TEX . R. APP . P. 73.4(b)(4). Any extensions of time must be requested

by the trial court and obtained from this Court.

Filed: April 21, 2021 Do not publish