EX PARTE CARLOS LUIS CAMPOS (other)

IN THE COURT OF CRIMINAL APPEALS 
OF TEXAS 

NO. WR-68,333-01 
EX PARTE CARLOS LUIS CAMPOS, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. 9412877 IN THE 179TH DISTRICT COURT 
FROM HARRIS COUNTY 
Per curiam.O R D E R

Pursuant to the provisions of Article 11.07 of the Texas Code of Criminal Procedure, the clerk of the trial court transmitted to this Court this application for a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to imprisonment for life. The Fourteenth Court of Appeals affirmed his conviction. Campos v. State, No. 14-95-00740-CR (Tex. App.-Houston [14th Dist.], delivered June 5, 1997, pet. ref'd).

Applicant contends, among other things, that the State failed to disclose a supplemental police report written by Deputy M.G. Gonzales, and the fact that when Sean Aveilhe and Lynn Harris testified, they were on deferred adjudication probation, motions to adjudicate their guilt had been filed, and warrants for their arrests were outstanding. See Brady v. Maryland, 373 U.S. 83, 83 S. Ct. 1194, 10 L. Ed. 2d 215 (1963). Applicant also contends that trial counsel rendered ineffective assistance because he failed to impeach Rodney Mueller with an inconsistent statement he made to the police.

The trial court entered findings of fact and conclusions of law, and recommended that we deny. We believe that the record is not adequate to resolve Applicant's claims. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1997), the trial court is the appropriate forum for findings of fact. The trial court may use any means set out in Tex. Code Crim. Proc. art. 11.07, 3(d). In the appropriate case, the trial court may rely on its personal recollection. Id.

Applicant appears to be represented by counsel. If he is not and the trial court elects to hold a hearing, it shall determine whether he is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent him at the hearing. Tex. Code Crim. Proc. art. 26.04.

The trial court shall order Matthew Alford to submit a second affidavit in response to Applicant's Brady allegations. The trial court shall then make further findings based on Alford's affidavit as to whether the State failed to disclose evidence and, if so, whether the evidence was favorable and material. See United States v. Bagley, 473 U.S. 667, 87 L. Ed. 2d 481, 105 S. Ct. 3375 (1986). The trial court shall also make further findings of fact as to whether Applicant was prejudiced by counsel's failure to impeach Mueller. The trial court shall make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant's claims for habeas corpus relief.

This application will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. If any continuances are granted, a copy of the order granting the continuance shall be sent to this Court. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be returned to this Court within 120 days of the date of this order. Any extensions of time shall be obtained from this Court.

Filed: May 14, 2008

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