Garza, Joel, WR-81,650-01

Garza, incarcerated pro se, filed Article 11.07 habeas writ applications in two Tarrant County district court causes in 2014.
The State answered but failed to provide the court-ordered reports from the investigator and expert witnesses.
The trial court denied the habeas applications and forwarded the matter to the Texas Court of Criminal Appeals, which assigned WR-81/650-01 and WR-81,650-02.
Garza filed an objection alleging the trial court's findings are insufficient and not supported by the record, and seeking an evidentiary hearing and stay.
Garza contends that missing reports and reliance on the State’s record prevent proper fact-finding and violate due-process-like requirements for a full hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether missing court-ordered reports require an evidentiary hearing	Garza asserts missing reports undermine the record and necessitate a hearing.	State argues no evidentiary hearing is needed and the record is sufficient.	Remand for evidentiary hearing is warranted
Whether trial court findings lack record support	Garza claims findings are not supported by the record as submitted.	State relies on its proposed findings and the record before the court.	Findings require resolution on remand
Whether this matter should be remanded to develop the record under Art. 11.07	Garza seeks remand to resolve factual issues with proper evidence.	State contends record review suffices without remand.	Remand appropriate to develop factual record

Ex Parte Patterson, 993 S.W.2d 114 (Tex.Crim.App.1999) (remand required for factual development when relief might be warranted)
Ex Parte Rodriguez, 364 S.W.2d 294 (Tex.Crim.App.1960) (state court evidence review limits; no live evidentiary hearing by CCA)
Jefferson v. Upton, 130 S.Ct. 2217 (2010) (remand to determine if state habeas findings warrant presumption of correctness)
Hall v. Quarterman, 534 F.3d 365 (5th Cir.2008) (full and fair hearing necessary to develop facts in federal habeas review)