## 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-89,547-01

EX P ARTE BYRON ORRICK OUTLAW, App licant

ON AP P LICATION FOR A WRIT OF HABEAS CORP US CAUSE NO. 44442-B IN THE 78T H DISTRICT COURT

F ROM WICHITA 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 Second Court of Appea ls aff irmed his conviction. Outlaw v

. State , No. 02-06-0044- CR (Tex. App. — Fort Worth, 2008) (not desig nated f or publication). Applicant contends, among other things, that the State prese nted false te s ti mony at trial from 1 witness Clifton Wiley , that the State withheld favor able evidenc e from the defe nse, that Applicant

This Court has review ed Applica nt’s other c laims and finds them to be without merit. 12

has newly -ava ilable evidenc e o f actual innocenc e, and that his trial counsel rende red ineffe ctive assistance becaus e t rial counsel failed to adequately investigate and interview witnesses, failed to investiga te and pr esent e vidence in mitigation of punishment, improperly ref err ed to Applicant as “the criminal” during his opening statement at punishment, and elicited information that Applicant derive d a lar g e par

t of his income from se lling cr ack c ocaine during the punishment stag e of tria l. 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). I n 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 r espond to A pplicant’s claims 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 n the appropr iate ca se, the trial c ourt may rely on its personal re collection. Id

. I f the trial c ourt elec ts to hold a hearing , it sha ll de termine whether Applicant is indigent. I f Applicant is indige nt and wishes to be repr esente d by counsel, the tri al co u rt shall appoint an attorney to repre sent Applicant a t the hear ing. T E X . C O D E C R I M . P R O C . art. 26.04. The trial cour t shall make finding s of fac t and conclusions of law as to whether the State prese nted false testimony at trial or withheld favor able evidenc e from the defe nse, whether there is previously -unava ilable evidenc e estab li s h in g A p p li c a n t’ s a c tu a l in

n o c e n c e , w

h e th e r the perf

ormanc e of Applicant’s trial counsel wa s defic ient and, if so, whether counsel’s defic ient perf ormanc e prejudice d Applicant. The trial court shall also make any other finding s of fac t and conclusions of law that it deems rele vant and appropr iate to the dispositi on of Applicant’s claim for habea s corpus relief

.3

This application will be held in abey ance until the trial court has resolved the fac t issues. The issues shall be resolv ed wi t h i n 9 0 day s of this order

. A supplemental transcr ipt containing all aff idavits and int err og atories or the t ransc ription of t he court repor ter’s notes from any hear ing or deposition, along with the trial court’ s supplemental finding s of fa ct and c onclusions of law, shall be for war ded to this Court withi n 120 day s of the da te of this order . Any extensions of ti me must be re quested by

the trial cour

t and shall be obtaine d from this Court.

Filed: Marc h 20, 2019 Do not publish