Dunlap, Timothy Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: January 12, 2023
• Docket: WR-93,731-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-93,731-02

EX PARTE TIMOTHY WAYNE DUNLAP, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 007-0185-18-A IN THE 7TH DISTRICT COURT FROM SMITH 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 November

9, 2022, this Court remanded this matter to the trial court for affidavits, findings of fact and

conclusions of law, and supplementation of the habeas record with various documents necessary to

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

including an affidavit from trial counsel and findings of fact from the trial court, along with some

of the documents requested by this Court’s remand order. The trial court ordered the District Clerk

to forward the supplemental record to this Court, including the specific items required by this

Court’s order. Under Article 11.07 of the Texas Code of Criminal Procedure, a district clerk is 2

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 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 pre-sentence investigation report and the transcripts fo the plea and sentencing hearings are not

contained in the supplemental record.

The district clerk shall either forward to this Court 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Filed: January 12, 2023 Do not publish