Green, Ex Parte Jerry Wayne

• Court: Court of Criminal Appeals of Texas
• Decided: May 4, 2011
• Docket: AP-76,545
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. AP-76,545 EX PARTE JERRY WAYNE GREEN, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 1008352 IN THE 179TH DISTRICT COURT

FROM HARRIS 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 murder and sentenced to eighty years' imprisonment. The Fourteenth Court of Appeals affirmed his conviction. Green v. State, No. 14-05-01223-CR (Tex. App.-Houston [14th Dist.] Jan. 9, 2007, pet. ref'd).

Applicant contends that counsel at the guilt and punishment stages of his trial were ineffective. We order that this application be filed and set for submission to determine whether counsel's performance was deficient and whether Applicant was prejudiced by the totality of counsel's representation. Strickland v. Washington, 466 U.S. 668, 104 S. Ct. 2052, 80 L. Ed. 674 (1984); Ex parte Welborn, 785 S.W.2d 391 (Tex. Crim. App. 1990). The parties shall brief these issues. Oral argument is not permitted.

It appears that Applicant is 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: May 4, 2011

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