The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-83,074-03
EX PARTE MICHAEL CHARLES HILL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. W99-70647-N(C) IN THE 195TH DISTRICT COURT
FROM DALLAS 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 a writ of habeas corpus. Ex parte
Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of aggravated sexual
assault and sentenced to five years’ imprisonment. He did not appeal his conviction.
Applicant contends that he is actually innocent, the State failed to disclose exculpatory
evidence, and his guilty plea was involuntary.
Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Elizondo, 947
S.W.2d 202 (Tex. Crim. App.1996); Brady v. Maryland, 373 U.S. 83 (1963); Brady v. United States,
397 U.S. 742 (1970). In these circumstances, additional facts are needed. As we held in Ex parte
2
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 hold a live evidentiary hearing.
Applicant appears to be represented by counsel. If he is not, the trial court finds him indigent,
and he 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 make findings of fact and conclusions of law as to whether: (1)
Applicant’s sentence has discharged and he is suffering collateral consequences, see TEX . CODE
CRIM . PROC. art. 11.07, § 3(c); (2) the complainant’s recantation is newly available or discovered
evidence, see Ex parte Brown, 205 S.W.3d 538, 545 (Tex. Crim. App. 2006); (3) Applicant has
established by clear and convincing evidence that no reasonable juror would have convicted him in
light of new evidence, see Elizondo, 947 S.W.3d at 209; (4) the State failed to disclose favorable
evidence that was material to Applicant’s conviction; and (5) Applicant’s guilty plea was
involuntary. 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 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. 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 forwarded to this Court within 120 days of the date of this order. Any extensions of time must
be requested by the trial court and shall be obtained from this Court.
Filed: December 7, 2016
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