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Ex parte Haye

Court of Criminal Appeals of Texas
Apr 26, 2023
WR-94,638-01 (Tex. Crim. App. Apr. 26, 2023)

Opinion

WR-94,638-01

04-26-2023

EX PARTE MERVIN RICHARD HAYE, Applicant


Do not publish

ON APPLICATION FOR A WRIT OF HABEAS CORPUS CAUSE NO. 1416291-A IN THE 179TH DISTRICT COURT FROM HARRIS COUNTY

ORDER

PER CURIAM.

Applicant was convicted of murder and sentenced to seventy years' imprisonment. The First Court of Appeals affirmed his conviction. Haye v. State, No. 01-15-01057-CR (Tex. App.-Houston [1st Dist] Feb. 2, 2017)(not designated for publication). Applicant filed this application for a writ of habeas corpus in the county of conviction, and the district clerk forwarded it to this Court. See Tex. Code Crim. Proc. art. 11.07.

The district clerk properly forwarded this application to this Court under Texas Rule of Appellate Procedure 73.4(b)(5). However, the application was forwarded before the trial court made findings of fact and conclusions of law. We remand this application to the trial court to complete its evidentiary investigation and make findings of fact and conclusions of law.

The trial court shall make findings of fact and conclusions of law within ninety days from the date of this order. The district clerk shall then immediately forward to this Court the trial court's findings and conclusions and the record developed on remand, including, among other things, affidavits, motions, objections, proposed findings and conclusions, orders, and transcripts from hearings and depositions. See Tex. R. App. P. 73.4(b)(4). Any extensions of time must be requested by the trial court and obtained from this Court.


Summaries of

Ex parte Haye

Court of Criminal Appeals of Texas
Apr 26, 2023
WR-94,638-01 (Tex. Crim. App. Apr. 26, 2023)
Case details for

Ex parte Haye

Case Details

Full title:EX PARTE MERVIN RICHARD HAYE, Applicant

Court:Court of Criminal Appeals of Texas

Date published: Apr 26, 2023

Citations

WR-94,638-01 (Tex. Crim. App. Apr. 26, 2023)