EX PARTE JOHNICA LYNN PRYOR (other)

OF TEXAS

NO. WR-70,010-02

EX PARTE JOHNICA LYNN PRYOR, Applicant

ON APPLICATION FOR A WRIT OF HABEAS CORPUS

CAUSE NO. 4036 IN THE 8th DISTRICT COURT

FROM RAINS 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 aggravated kidnapping and sentenced to thirty-eight years imprisonment. The Twelfth Court of Appeals affirmed his conviction. Pryor v. State, No. 12-04-00301-CR (Tex. App. Tyler, delivered July 31, 2006, pet. ref d).

Applicant alleges that the prosecutor in this case knowingly and intentionally failed to disclose to the defense, and the trial court, that one of the jurors in this case was his sister-in-law. // The Applicant further alleges that he was deprived of a fair trial as a result of this lack of disclosure and this claim is the result of newly discovered evidence.

Applicant has alleged facts that, if true, might entitle to relief. In these circumstances, additional facts are needed. As we held in Ex parte Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960), the trial court is the appropriate forum for findings of fact. The trial court shall provide the prosecutor in this case with the opportunity to respond to Applicant s claims. 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.

If the trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is indigent and wishes to be represented by counsel, the trial court shall appoint an attorney to represent Applicant at the hearing. Tex. Code Crim. Proc. art. 26.04.

Because this is a subsequent application, the trial court shall make findings of fact as to whether this claim meets an exception set out in Article 11.07, 4 of the Code of Criminal Procedure. If this application meets an exception under the statute, the trial court shall make findings of fact as to whether the prosecutor knowingly and intentionally failed to disclose that one of the jurors in this case was his sister-in-law. The trial court shall also make any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant s claim 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: October 20, 2010

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