Ex Parte Eric Lamond Davis, Applicant

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 writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of murder and sentenced to life imprisonment. The Sixth Court of Appeals affirmed his conviction. Davis v. State, No. 06-09-00033-CR (Tex. App.–Texarkana Sep. 18, 2009).

Applicant raises multiple grounds, including trial court error and ineffective assistance of trial and appellate counsel. Applicant contends that his trial counsel rendered ineffective assistance because, inter alia, he did not convey plea bargain offers, did not have tests done to confirm whether the decedent’s hands had gunshot residue, did not request an accomplice witness instruction, did not call witnesses who made “beneficial statements” to the police, and did not suppress applicant’s custodial statement. Applicant also contends that his appellate counsel rendered ineffective assistance of counsel because, inter alia, he did not inform applicant of his right to file a pro-se petition for discretionary review. The habeas record contains no affidavit from counsel and no findings from the trial court.