Ex Parte Jacky Clay Reynolds, 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 these applications for writs of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of one count of attempted indecency with a child and one count of indecency with a child. Applicant’s first sentences were overturned by the Sixth Court of Appeals. Reynolds v. State, 227 S.W.2d 355 (Tex. App.-Texarkana, 2007); Reynolds v. State, No. 06-05-00155-CR (Tex. App.-Texarkana, May 31, 2007). After re-sentencing, he was sentenced to fifty years’ imprisonment on each count. He did not appeal that re-sentencing.

Applicant contends that his trial counsel rendered ineffective assistance by failing to secure a witness’ testimony, failing to object to a rebuttal witness’ testimony based on its prejudicial effect, and failing to seek a limiting instruction on extraneous bad acts evidence. Applicant contends that his appellate counsel rendered ineffective assistance by failing to raise trial court error for the denial of a defense’s motion for continuance due to a witness’ unavailability and for the trial court’s ruling that allowed a rebuttal witness to testify regarding extraneous bad acts by Applicant.