## 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-25,176-06

EX P ARTE MANASSEH ADRIEL PHILIP , Appli cant
ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. W88-81768-T(D) IN THE 283 DISTRICT COURT FROM DALLAS COUNTY

R D
Per curiam . O R D E R Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedur e, the cler k of the trial c ourt transmitted to this C ourt this application for a writ of habe as cor

pus. Ex parte Y oung , 418 S.W .2d 824, 826 (Tex. Crim. App. 1967). Applicant wa s convicted of ag g rava ted sexual assault of a c hild and sentenc ed to five y ear s’ imprisonment. He did not appea l his conviction. Applicant conte nds that he is actua lly innocent base d on the re cantation of the complaining witness, that counsel wa s ineffe ctive for advising him to plead no contest, and that a
new a ffidavit “e viscera

tes the State’s c ase” , so he is entitled to relief. We be lieve that in
rec antation ca ses such a s this one, before we make the important dec ision of whether Applicant-2-

is entitled to relief, the r ecor d should be more f ully develope d. The trial c ourt shall there fore conduct a live evidentiar

y hear ing on the matter at which the complaina nt shall be ca lled to testify . Notice of

the hea ring and an oppor

tunity to testify shall be g iven to those persons who participated in the trial or the inve stigation. The trial c ourt shall make f indings a s to the cre dibilit y of the c omplaining witness’
rec antation. The c ourt shall make f urther f indings of f

act r eg arding

the circ umstances surroundingthe complainant’ s rec antation, including the delay betwee n the trial and the
rec antation. The tria l court shall make f indings a s to whether A

pplicant could have prese nted the information containe d in the rec anting witness’ af fidavit prior to his g uilty

plea. The trial court shall specific ally

weig h the evidenc e of A

pplicant’s guilt aga inst the new evide nce of innocenc e. See E x parte Tuley , 109 S.W .3d 388, 393 (Tex. Crim. App. 2002). The trial c ourt shall enter finding s of fa ct as to the c redibility of ea ch witness and a s to whether A pplicant is entitled to relief . The trial c ourt shall also make f indings re g ardingwhether Applicant’s inef

fec tive assistance of counse l gr ound could have been r aised in a pr ior application, and if he is otherw ise entitled to relief. T he trial c ourt shall also make a ny other finding s of fa ct and c onclusions of law that it deems rele vant and a ppropriate to the dispositi on of Applica nt’s claim for ha

beas c orpus relief
. I t appea rs that Applicant is re prese nted by habea s counsel. The trial court, within 30 day s of the date of this order , shall determine whether Applicant is indige nt. I f Applica nt is indi g ent and wishes to be r epre sented by counsel, the tria l court shall appoint an attorney to repre sent Applicant at the e videntiary hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. This application will be held in abe y ance until the trial court has re solved the fa ct issues.-3-

The issues shall be r esolved within 90 day s of this order. Asupplemental transc ript containing the transc ription of the cour t reporte r’s notes f

rom the live evide ntiary

hear ing a nd a copy of the exhibi ts admitted, alongwith the trial court’ s findings of fac t and conc lusions of law and a copy of the trial r ecor d, including the cler k’s re cord a

nd a tra nscription of the re porter’ s rec ord of the trial, shall be for

war ded to this Court withi n 120 day s of the date of this order. A ny extensions of time must be requeste d by the trial cour

t and shall be obtaine d from this Court.

Deliver ed: Novembe r 20, 2019 Do not publish