EX PARTE SPENCER IMOUDU (other)

OF TEXAS

NO. AP-75,964

EX PARTE SPENCER IMOUDU, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 2005CR8097-W1 IN THE 187th DISTRICT COURT

FROM BEXAR 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 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 seventeen years imprisonment.

Applicant contends that applicant s plea of guilty was involuntary. We order that this application be filed and set for submission to determine whether applicant s plea of guilty was involuntary under the Due Process Clause of the Constitution of the United States because his trial counsel did not investigate whether he might have been insane at the time of the offense. If applicant s trial counsel were constitutionally ineffective for failing to investigate applicant s mental state at the time of the offense, what more, if anything, must applicant show to obtain relief on his involuntary plea claim? The parties shall brief these issues.

It appears that Applicant is represented by counsel. If that is not correct, the trial court shall determine whether Applicant is indigent. If Applicant is indigent and desires to be represented by counsel, the trial court shall appoint an attorney to represent Applicant. Tex. Code Crim. Proc. art 26.04. The trial court shall send to this Court, within 30 days of the date of this order, a supplemental transcript containing: a confirmation that Applicant is represented by counsel; the order appointing counsel; or a statement that Applicant is not indigent. All briefs shall be filed with this Court on or before August 13, 2008.

Filed: July 2, 2008

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