Nos. WR-85,777-01 & WR-85,777-02.


Court of Criminal Appeals of Texas.

Attorney(s) appearing for the Case

Angela Moore , Chad Van Brunt , for RUBY MARIE BUKVASEVIC, 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 the offense of murder in two causes and sentenced to imprisonment for forty years in each cause.

The habeas court made findings of fact and conclusions of law addressing issues raised in the first writ applications filed in these cases. However, the habeas record was properly forwarded to this Court by the district clerk pursuant to TEX. R. APP. P. 73.4(b)(5) before the court could address the claims raised in amended writ applications. We remand these applications to the 175th District Court of Bexar County to allow the Applicant to specify whether she is waiving the specific issues raised in the initial writ applications and for the trial judge to complete an evidentiary investigation and enter findings of fact and conclusions of law addressing the claims raised in Applicant's amended writ applications, as necessary.

These applications will be held in abeyance until the trial court has resolved the fact issues. The issues shall be resolved within 90 days of this order. A supplemental transcript containing all affidavits and interrogatories or the transcription of the court reporter's notes from any hearing or deposition, along with the trial court's supplemental findings of fact and conclusions of law, shall be forwarded to this Court within 120 days of the date of this order. Any extensions of time must be requested by the trial court and shall be obtained from this Court.


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