Summary
This document is Charles Christopher Lancaster's objections to the trial court's findings of fact and conclusions of law in Texas habeas proceedings involving Williamson County cause numbers 95-039-K277 and 95-040-K277. The filing disputes findings concerning sentence expiration, confinement, delay and laches, subsequent convictions, and actual innocence, and requests further findings, an evidentiary hearing, remand, or habeas relief.
Topics
Practice areas
Questions Presented
- Whether the trial court erroneously found that Lancaster's challenged sentences had expired and that he was not confined or subject to continuing collateral consequences from the convictions.
- Whether the trial court properly applied laches to bar the habeas application based on the delay in filing.
- Whether the trial court failed to address Lancaster's ineffective-assistance and actual-innocence claims based on newly discovered evidence.
Key quotations
“Lacking a showing of either actual confinement or continuing collateral consequences, this Court concludes that this application in its entirety should be dismissed for a lack of jurisdiction.” (p. 9)
“Therefore, the Applicant respectfully request either the Court of Criminal Appeals, remand the case back to the trial court for further findings of fact and conclusions of law, hold an evidentiary hearing, or GRANT the Application for Writ of Habeas Corpus” (p. 12)
Factual background
Lancaster received twenty-year sentences in Williamson County causes 95-039-K277 and 95-040-K277 and was later paroled. He contended that a parole revocation and a later order stacking the sentence in cause 02-275-K277 caused the sentences in the challenged cases to remain active through June 2015. He also asserted newly discovered evidence and actual-innocence claims based in part on affidavits from victims and his mother.
Procedural history
Lancaster filed an application for writ of habeas corpus challenging convictions in Williamson County causes 95-039-K277 and 95-040-K277. The trial court entered findings of fact and conclusions of law on May 22, 2015, including conclusions that the sentence had expired, that Lancaster lacked confinement or continuing collateral consequences, and that the application was barred by laches. This document, executed June 8, 2015, objects to those findings and requests amended findings, an evidentiary hearing, remand, or habeas relief.
Remand instructions
The filing requests remand to the trial court for further findings of fact and conclusions of law, but the source does not show that a court ordered remand.