EX PARTE QUILLA MARSH MOORE, Applicant (Other)
Annotate this Case
Download PDF
IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-72,527-03 EX PARTE QUILLA MARSH MOORE, Applicant ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 6290-A IN THE 39TH JUDICIAL DISTRICT COURT FROM HASKELL COUNTY Per curiam. ORDER 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 possession of a controlled substance and sentenced to twenty years imprisonment. The Eleventh Court of Appeals affirmed his conviction. Moore v. State, No. 11-08-00219-CR (Tex. App. Eastland, May 20, 2010, pet. ref d). Applicant contends, inter alia, that his trial counsel rendered ineffective assistance because counsel failed to challenge the search, seizure and arrest, failed to move for disclosure of the identity of a confidential informant, failed to subpoena witnesses who were in the room where the drugs were 2 found, and failed to strike a juror who had known Applicant all his life. Applicant has alleged facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984); Ex parte Lemke, 13 S.W.3d 791,795-96 (Tex. Crim. App. 2000). 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 obtain an affidavit from Applicant s trial counsel responding to Applicant s claims of ineffective assistance of counsel. The trial court may use any means set out in TEX . CODE CRIM . PROC. art. 11.07, ยง 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. The trial court shall first supplement the habeas record with all relevant trial documents, including the indictment, the judgment, the trial docket, copies of any search and arrest warrants, and a transcript of the voir dire, pre-trial and trial proceedings. The trial court shall then make findings of fact as to whether the performance of Applicant s trial attorney was deficient and, if so, whether counsel s deficient performance prejudiced Applicant. 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 3 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: November 9, 2011 Do not publish
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
