The opinion
IN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NO. WR-92,668-01
EX PARTE LYNN ALLEN ISBELL, Applicant
ON APPLICATION FOR A WRIT OF HABEAS CORPUS
CAUSE NO. CR24450-A IN THE 35TH DISTRICT COURT
FROM BROWN COUNTY
Per curiam.
ORDER
Applicant was convicted of aggravated assault and sentenced to life imprisonment. The
Seventh Court of Appeals affirmed his conviction. Isbell v. State, No. 07-18-00130-CR (Tex.
App.—Amarillo del. Oct. 22, 2019). 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.
Applicant raises claims of ineffective assistance of trial and appellate counsel—failing to
raise claims regarding a search warrant, failing to request a limiting instruction regarding extraneous
bad act evidence, conceding disputed factual issues at closing, and failing to argue on appeal that the
trial court erred in denying a lesser-included instruction on deadly conduct. Applicant has alleged
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facts that, if true, might entitle him to relief. Strickland v. Washington, 466 U.S. 668 (1984).
Accordingly, the record should be developed. The trial court is the appropriate forum for findings
of fact. TEX . CODE CRIM . PROC. art. 11.07, § 3(d).
The trial court shall order trial and appellate counsel to respond to Applicant’s habeas claims.
In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). If the
trial court elects to hold a hearing, it shall determine whether Applicant is indigent. If Applicant is
indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent him
at the hearing. See TEX . CODE CRIM . PROC. art. 26.04. If counsel is appointed or retained, the trial
court shall immediately notify this Court of counsel’s name.
The trial court shall make findings of fact and conclusions of law as to whether trial and
appellate counsel’s performance was deficient and Applicant was prejudiced. The trial court may
make any other findings and conclusions that it deems appropriate.
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.
Filed: May 26, 2021
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