Narrative Opinion Summary
In this case, the petitioner filed applications for writs of habeas corpus following convictions for multiple offenses, including aggravated sexual assault, kidnapping, burglary, and assaults, with sentences totaling 40 years for sexual assault, 30 years for kidnapping, and 20 years for each assault and burglary. The convictions were affirmed by the Sixth Court of Appeals in 2016. The petitioner asserts claims of ineffective assistance of trial counsel, citing failures such as not investigating ownership testimony, not requesting a Franks hearing, and not addressing the use of a deadly weapon. Additionally, the petitioner alleges the use of false evidence in securing his conviction. The court recognizes these claims as potentially warranting relief and has ordered the trial court to conduct a thorough examination of these issues, including assessing the effectiveness of counsel and the veracity of the complainant's testimony. The trial court is instructed to resolve these claims within 90 days and report back within 120 days, while the case remains pending these resolutions.
Legal Issues Addressed
Court's Directive for Factual Findingssubscribe to see similar legal issues
Application: The trial court is directed to make factual findings on the effectiveness of counsel and the potential falsity of the complainant's testimony, which are critical to determining the validity of the habeas corpus claims.
Reasoning: The trial court must make factual findings regarding the effectiveness of counsel, the potential falsity of the complainant's testimony, and any other relevant issues.
Ineffective Assistance of Counselsubscribe to see similar legal issues
Application: The petitioner claims ineffective assistance of trial counsel, which could warrant relief if substantiated under established legal precedents.
Reasoning: Morrow claims ineffective assistance of trial counsel based on several assertions: failure to investigate testimony regarding the ownership of the home, failure to conduct a Franks v. Delaware hearing regarding the search warrant, failure to assert a defense against the use of a deadly weapon, and failure to voir dire potential jurors about their views on sentencing.
Use of False Evidencesubscribe to see similar legal issues
Application: The petitioner alleges that false evidence was used to secure his conviction, which the court acknowledges as a potential ground for relief.
Reasoning: He also alleges that false evidence was used to secure his conviction.