## I N T H E C O U R T O F C R I M I N A L A P P E A L S O F T E X A S NO. WR-81,630-03

EX P ARTE ARTHUR EUGEAN HENDERSON, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W09-58128-L(C) IN THE NO. 5 CRIMINAL DISTRICT COURT F ROM DALLAS COUNTY

Per curiam . O R D E R Pursuant to the provisi o n s o f Ar t icle 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial court transmitted to this Court this application for a writ of habea s corpus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s convicted of capital murder and sentenc ed to life imprisonment. The Fifth Court of Appea ls aff irmed his conviction. Hende rson

v. State , No. 05-11-01437- CR, (Te x . App.— Dallas Nov. 5, 2012, no pet.)(op., not de signa ted for publication). Applicant raises nine g rounds for relief : (1) newly discovere d evidenc e, (2) actua l innocenc e, (3) a Brady violation, (4) ineffe ctive as s i s t an ce of trial counsel, (5) prosec utorial misconduct for falsifying evidenc e, (6) p rosec utorial misconduct for the use of false testimony , (7) other2

p r o s e cutorial misconduct, (8) "post-c onviction fra ud" and "a dversa

rial misconduct," and (9) judicial bias. Applicant has alleg ed fac ts that, if true, might entitle him to relief

. Strickland v. W

ashington , 466 U.S. 668 (1984); Ex parte Patterson , 993 S.W .2d 114, 115 (Tex. Crim. App. 1999); Ex parte Elizondo , 947 S.W .2d 202, 208 (Tex. Crim. App. 1996). In these circ umstances, additional fac ts are neede d. As we held in Ex parte Rodriguez , 334 S.W .2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropr iate forum for finding s of fac t. The trial court shall order trial counsel to respond to Applicant’s claim of ineffe ctive assistance of counsel. The trial court may use any means set out in T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. I f the trial court e lects to hold a hea ring , it shall determine whe ther Applica nt is indi g ent. I f Applicant is indige nt and wishes to be repr esente d b y counsel, the trial court shall appoint an attorney to repre sent Applicant at the hearing. T E X . C O D E C R I M . P R O C . art. 26.04. T h e t ri al court shall make finding s of fac t and conclusions of law responding to al l o f Applicant’s claims. Th e trial court shall also make finding s of fac t and conclusions of law as to whether the perf

o rm ance of Applicant’s trial counsel was defic ient and, if so, whether counsel’s defic ient perf

ormanc e prejudiced Applicant. The trial court shall also make any other findings of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for ha

beas c orpus re lief. This application will be held in abeyance until the trial court has resolved the fac t issues. The issues shall be resolved within 90 day s of th i s o rd er . A supplemental transcript containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or deposition, alongwith the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall3

be for war ded to this Court withi n 120 day s of the date of t his order

. Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Oc tober 9, 2019 Do not publish