Court of Criminal Appeals of Texas, 2013

Hastings, Ex Parte William Elmer

Hastings, Ex Parte William Elmer
Court of Criminal Appeals of Texas · Decided June 12, 2013

Hastings, Ex Parte William Elmer

Opinion

















IN THE COURT OF CRIMINAL APPEALS

OF TEXAS




NOS. AP-76,749 & 76,750


EX PARTE WILLIAM ELMER HASTINGS, Applicant



ON APPLICATIONS FOR A WRIT OF HABEAS CORPUS

CAUSE NOS. 08-56619-V & 09-00729-V IN THE 292nd DISTRICT COURT

FROM DALLAS COUNTY


Per curiam. Keller, P.J., not participating.

O P I N I O N



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 a writ of habeas corpus. Ex parte Young, 418 S.W.2d 824, 826 (Tex. Crim. App. 1967). Applicant was convicted of two separate offenses of aggravated sexual assault of a child under fourteen and he was sentenced to fifteen years' imprisonment in each cause. The Fifth Court of Appeals affirmed his convictions. Hastings v. State, Nos. 05-10-00264-CR and 05-10-00265-CR (Tex. App.--Dallas, delivered April 7, 2011, no pet.).

Applicant raises allegations of no evidence, insufficient evidence, inconsistent statements by the complainant, trial court error in admitting expert witness testimony, ineffective assistance of trial counsel, and appellate court error. In response to these applications, the Court issued its opinion in Ex parte William Elmer Hastings, 366 S.W.3d 199 (Tex. Crim. App. 2012). As a result of the Court's holding in Hastings, the matters were remanded to the trial court to address the issues raised in the instant applications.

The trial court, based upon the record and an affidavit filed by trial counsel, has determined that Applicant's allegations are without merit and recommends that relief be denied. We agree. Relief is denied.



Delivered: June 12, 2013

Do not publish

Case-law data current through December 31, 2025. Source: CourtListener bulk data.