## 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-89,518-01

EX P ARTE TIMOTH Y G REEN, Appl icant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W15-75395-W(A ) IN THE 363 DISTRICT COURT R D 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 co n v i cted of murder and sentenc ed to life imprisonment. The Fifth Court of Appea ls aff irmed his conviction. Gree n v. State , No. 05-16-00765- CR (Tex. App.—Dallas May 23, 2017)(not desig nated f or publication). Applicant contends, among other things, that his trial counsel rende red ineffe ctive assistance by failing to move to suppress the conf ession, failingto investigate the fa cts of the c ase, f ailing to obtain Applicant’s medical rec ords to show that he had a mental brea kdown just prio r t o t his i n ci d en t, and failing to interview witness Demond L ee Clark. He also contends that the S t at e2

withheld favor able evidenc e from the defe nse, specific ally that Clark would have testifi ed that Applicant was not involved in his kidnapping (ac cording to Applicant an extraneous offe nse broug ht up during sentenc ing) and that he w as neve r af raid of A pplicant. 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). 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 i neff ec t i v e 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 hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial court shall make finding s of fac t and conclusions o f l aw as to whether the perf ormanc e of Applicant’s trial counsel was defic ient and, if so, whe t h er counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make findings re gar d i ng whether witness Clark informed the Stat e t h at Ap plicant was not involved in his kidnapping and if so, whether the State informed the defe nse of that statement. The trial court shall also make any other finding s of fa ct and c onclusions of law that it de ems rele vant and a ppropriate to the dispositi on of Applicant’s c laim for habe as cor pus relief

. This application will be held in abeyance until the trial court has resolved the fac t issues. The i s s u es shall be resolved within 90 day s of this order

. A supplemental transcr ipt containi n g al l aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hearing or3

deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be forwar ded to this Court wit hin 120 day s of the date of this order. A ny extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court. Filed: F ebrua

ry 27, 2019 Do not publish