Smith, Antoine Lamont

• Court: Court of Criminal Appeals of Texas
• Decided: September 5, 2012
• Docket: WR-77,897-01
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-77,897-01 EX PARTE ANTOINE LAMONT SMITH, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. F-05-55554-K IN THE CRIMINAL DISTRICT COURT NO. 4

FROM DALLAS 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 he was sentenced to life in prison. The Fifth Court of Appeals affirmed the conviction in an unpublished opinion. Antoine Lamont Smith v. State, No. 05-08-01115-CR (Tex. App. - Dallas del. Aug. 18, 2010).

Applicant raises several claims in his writ application, including claims of ineffective assistance of trial and appellate counsel. The trial court indicates it obtained affidavits from counsel regarding the ineffective assistance claims, and it has entered findings of fact and conclusions of law recommending that relief be denied. The affidavits, however, are not included in the writ record provided to this Court.

The trial court shall supplement the writ record to this Court with the affidavits filed in this habeas proceeding, and this application will be held in abeyance until the writ record is supplemented, which shall occur within 30 days of the days of this order. Any extensions of time shall be obtained from this Court.

Filed: September 5, 2012

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