THE ISSUE TO BE RESOLVED/ BUT INSTEAD ON 4/3/15 SIGNED THE STATES PROPOSAL ;OF FINDINGS OOF FACTS CONCLUSION OF LAW AND RECOMMENDATION WITHOUT AN EVIDENTIARY HEARING.
IV.
ABSENT, AN OPPORTUNITY TO CARRY HIS BURDEN OF SHOWING STRICKLAND'S DUAL PRONGS( DEFICIENCY AND PERJUDICE) WHICH IS A REQUIREMENT ON A CLAIM OF INEFFECTIVE ASSISTANCE OF COUNSEL. THAT MUST BE SUPPORT BY A RECORD CONTAINING DIRECT EVIDENCE OF WHY COUNSEL ACTED (OR DIDN'T) AS HE DID. IN EX PARTE TORRES/ 943 S.W.3d 469/475(T.C.A.1997) THIS COURT HELD/ "THE IN HERENT NATURE OF MOST INEFFECTIVE ASSISTANCE OF COUNSEL CLAIMS MEANS THAT THE TRIAL COURT RECORD WILL OFTEN FAIL TO CONTAIN THE INFO RMATION NECESSARY TO SUBSTANTIATE THE CLAIM." ALSD/THE COURT STATED/ " IT IS ESSENTIAL TO GATHERING THE FACTS NECESSARY TO...EVALUTE... THE INEFFECTIVE ASSISTANCE OF COUNSEL CLAIM." TORRES SUPRA @ 475.
V.
APPLICANT HAS PRESENTED IN HIS APPLICANT MEMO AN ALLEGATION OF INEFFECTIVE ASSISTANCE OF COUNSEL, FOR FAILING TO INVESTIGATE, WHICH IF 2. TRUE/ MAY ENTITLE HIM TO RELIEF. HOWEVER/ WITH THE UNDEVELOPED RECORD,
WHICH IS THE SAME RECORD AS ON DIRECT APPEAL/ APPLICANT IS UNABLE TO
SUBSTANTIATE HIS CLAIM BECAUSE THE TRIAL COURT DID NOT DESIGNATED ISSUES
WHICH ARE CONTROVERTED BY THE STATE AND PREVIOUSLY UNRESOLVED/ BECAUSE
TRIAL COUNSEL HAS NOT BEEN DEPOSITION CONCERNING THE APPLICANT'S ALLEG
ATION THAT HE FAILED TO INVESTIGATE.
PRAYER
WHEREFORE, PROMISES, CONSIDERED, APPLICANT PRAYS THAT THE COURT OF
CRIMINAL APPEALS WOULD HOLD HIS APPLICATION FOR WRIT OF HABEAS CORPUS
IN ABEYANCE AND REMAND WITH AN ORDER TO THE TRIAL COURT TO HOLD AN
EVIDENTIARY HEARING TO ALLOW APPLICANT TO FULLY DEVELOP HIS ALLEGATIONS
AND RETURN A TRANSCRIPTION OF THE COURT REPORTER'S NOTES AND A FINDINGS
BY THE COURT WITHIN A SPECIFIC TIME, WITH ANT EXTENSION TO BE OBTAINED
BY THE COURT OF CRIMINAL APPEALS. SEE EXPARTE REYNA, 701 S.W.2d 921(T.C.A.
1986)
RESPECTFULLY/
RANDY J.AKAIZER # 1730604
C.T.TERRELL UNIT
1300 F.M. 655
ROSHARON, TX 77583 UNSWORN DECLARATION
1/ RANDY J. KAIZER/ DO HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE FOREGOING SUGGESTION FOR A REMAND TO THE TRIAL COURT FOR AN EVIDENTIARY HEARING IS TRUE AND CORRECT.
EXCUTED ON:, (fQ'/fa- /j ^^ANDW^Il^Tl730604
CERTIFICATE OF SERVICE
1/ RANDY J. KAIZER DO CERTIFY THAT A TRUE AND CORRECT COPY OF THE FOREGOING SUGGESTION FOR REMAND TO THE TRIAL COURT FOR AN EVIDENTIARY HEARING WAS PLACED IN THE PRISON MAIL BX WITH PRE-PAID POSTAGE ON THIS 'dV'^ DAY OF /rp^'l 2015. r- tfoAf^H EXCUTED °N: {f""r ' ' RA%f J^KA^ER #1730604 C.T.TERRELL UNIT
1300 F.M. 655 ROSHARON/ TX 77583
4.