## 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-92,608-01

EX P ARTE KEVIN M ORRIS, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 19244A IN THE 2 DISTRICT COURT N D F ROM CHEROK

EE COUNTY

Per curiam . O R D E R Applicant was convicted of eleve n counts of ag g rava ted sexual assault of a child, ten counts of sexual assault of a child, and thirteen counts of indece ncy with a child. He was sentenc ed to life imprisonment on e ach of

the ag g rava ted sexual assault counts, twenty y ear s’ imprisonment on the sexual assault counts, twenty y ear s’ imprisonment on twelve of the indece ncy counts, and ten y ear s’

on the last indece ncy count. The Twelfth Court of Appea ls aff irmed his conviction. Morris v. State , No. 12-17-00124- CR (Tex App.—Ty ler Dec

. 4, 2018)(not desig nated f or publication). Applica

nt filed t his application for a writ of habeas corpus in the county of conviction, and t h e district cler k forwa rded it to this Court. See T E X . C O D E C R I M . P R O C . art. 11.07. Applicant contends that trial counsel was ineffe ctive by failing to raise a statute of limit ations2

defe nse on numerous counts, failing to objec t t o t h e prosec utor eliciting statements reg arding a familial arg ument, opening the door to h ar m fu l testimony , failing to object to the prosec utor’s opening statement which mentioned other victims, and failing to object to numerous extraneous offe nses. Applicant has alleg ed fac ts that , i f true, might entitle him to relief

. Strickland v. W ashington , 466 U.S. 668 (1984). Acc ording ly , the rec ord should be develope d. The trial court is the appr opriate f

orum for f

indings of f

act. T E X . C O D E C R I M . P R O C . art. 11.07, § 3(d)

. The trial court shall order trial counsel to respond to Applicant’s claims. I n developing the

rec ord, the trial court may use any means set out in Article 11.07, § 3(d). I f the trial court elec ts to hold a hear ing, it shall deter mine whether Applicant is indige nt. I f Applicant is indige nt and wants to be represe nted by counsel, th e trial court shall appoint counsel to repr esent him at t he hearing

. See T E X . C O D E C R I M . P R O C . art. 26.04. I f counsel is appointed or reta ined, the trial court s h all immediately

notify this Court of counsel’s name

. The trial court shall make finding s stating the birth dates of the co m p l ai n an t s in all of the counts for which Applicant challeng es the statute of limit ations. The trial court shall make findnig s

as to whether the statute of limit ations had run befor e the indictment of any of the thirty -four counts of the indictment. The trial court shall make finding s of fac t a nd conclusions of law as to w hether trial counsel’s perf

ormanc e was defic ient and Applicant was prejudice d. The trial court may make any other finding s and conc lusions that it deems a ppropriate in response to Applica nt’s claims. T h e t rial court shall make findings of fac t and conclusions of l aw within ninety day s from the date of this order

. The district cler k shall then immediately forwa rd to this Court the trial court’s finding s and conclusions and the rec ord develope d on rema nd, including, among other things, aff idavits, motions, objections, propo sed finding s and conclusions, order s, and transcr ipts from3

hear ings and depositions. See T E X . R. A P P . P. 73.4(b)( 4). Any extensions of time must be reque sted by the trial cour

t and obtained f

rom this Court.

Filed: May

12, 2021 Do not publish