EX PARTE ERIN MICHELLE CAFFEY v. << (2026)

ORDER

Applicant was convicted of murder in three different cases (Cause Nos. 4974, 4975, 4976). She was sentenced to 25 years’ imprisonment in Cause No. 4974 and life imprisonment for Cause Nos. 4975 and 4976. Applicant filed these applications for writs of habeas corpus in the county of conviction, and the district clerk forwarded them to this Court. See Tex. Code Crim. Proc. art. 11.07.

Applicant contends, among other things, that she is unlawfully confined under convictions entered without jurisdiction. Applicant has alleged facts that, if true, might entitle her to relief. Ex parte Sledge, 391 S.W.3d 104, 108 (Tex. Crim. App. 2013). 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). In developing the record, the trial court may use any means set out in Article 11.07, § 3(d). It appears that Applicant is represented by counsel. If the trial court determines she is not represented by counsel and elects to hold a hearing, it shall then determine whether Applicant is indigent. If Applicant is indigent and wants to be represented by counsel, the trial court shall appoint counsel to represent her 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 Applicant is unlawfully confined because her convictions were entered without jurisdiction. The trial court may make any other findings and conclusions that it deems appropriate in response to Applicant's claim.

The trial court may consider and determine whether Applicant's claim should be barred by the doctrine of laches. If the trial court does so, it must give Applicant the opportunity to explain the reasons for the delay and give the State's prosecutors an opportunity to state whether Applicant's delay has caused any prejudice to their ability to defend against Applicant's claims.

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.

Per curiam.

Parker, J. filed a dissenting opinion in which Yeary, J., joined.