McAdams, Willie Joe

• Court: Court of Criminal Appeals of Texas
• Decided: August 22, 2012
• Docket: WR-73,932-03
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-73,932-03 EX PARTE WILLIE JOE MCADAMS, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 967450 IN THE 185TH DISTRICT COURT

FROM HARRIS COUNTY

Per curiam.

Alcala, J., not participating.

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 aggravated assault and sentenced to forty years' imprisonment. The First Court of Appeals affirmed his conviction. McAdams v. State, No. 01-04-00204-CR (Tex. App.-Houston [1st Dist.] Oct. 7, 2004, no pet.).

Applicant contends that trial counsel rendered ineffective assistance because, among other things, they advised him to plead true to state jail felonies alleged as punishment enhancements and did not request instructions on voluntariness and deadly conduct. Tex. Pen. Code §§ 6.01(a), 22.05. The trial court made findings of fact and conclusions of law and recommended that we dismiss this application as subsequent. Tex. Code Crim. Proc. art. 11.07, § 4. The -01 application, however, was dismissed and was not a "final disposition" for purposes of § 4. Ex parte Torres, 943 S.W.2d 469, 474 (Tex. Crim. App. 1997) (holding that a "'final disposition' of an initial writ must entail a disposition relating to the merits of all the claims raised").

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 to respond to Applicant's claims. 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 first make findings of fact and conclusions of law as to whether trial counsel were deficient for not requesting instructions on voluntariness and deadly conduct and, if so, whether Applicant was prejudiced. The trial court shall then make findings and conclusions as to whether the convictions alleged in the indictment were available as punishment enhancements, whether Applicant has other felonies that could have enhanced his punishment, and whether counsel rendered ineffective assistance by advising Applicant to plead true to the enhancements. 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 claims 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 shall be obtained from this Court.

Filed: August 22, 2012

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