EX PARTE JEREMY FRITZ WILLIAMS v. << (2026)

ORDER

Applicant was convicted of capital murder and sentenced to life imprisonment. The Fifth Court of Appeals affirmed his conviction. Williams v. State, No. 05-04-00269-CR, (Tex. App.—Dallas Dec. 14, 2005, no pet.). 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 contends that, had newly available scientific evidence been presented at trial, on the preponderance of the evidence, he would not have been convicted. Tex. Code Crim. Proc. Art. 11.073.

Applicant has alleged facts that, if true, might entitle him to relief. Ex parte Patterson, 993 S.W.2d 114, 115 (Tex. Crim. App. 1999). 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 hold a live evidentiary hearing. Applicant appears to be represented by counsel. If he is not and 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 him at the hearing. Tex. Code Crim. Proc. art. 26.04.

After holding an evidentiary hearing, the trial court shall make findings of fact and conclusions of law as to whether: (1) Applicant's claims are barred by Article 11.07, § 4 of the Code of Criminal Procedure; (2) relevant scientific evidence is currently available and was not available at the time of trial because the evidence was not ascertainable through the exercise of reasonable diligence; (3) the scientific evidence would be admissible under the Texas Rules of Evidence at a trial held on the date of the application; and (4) had the scientific evidence been presented at trial, on the preponderance of the evidence the person would not have been convicted. 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.

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.