Whether in Mr. Wardlow's case to grant certiorari, vacate the decision of the Texas Court of Criminal Appeals, and remand for reconsideration in the manner required of that court in Andrus

QUESTION PRESENTED Mr. Wardlow’s initial state habeas proceeding was essentially a sham, in which the trial court wholly allowed the prosecutor to determine the course of proceedings and decide the case, the Texas Court of Criminal Appeals in its review of the trial court’s recommendations dismissed the proceeding on mistaken procedural grounds, and that dismissal controlled the outcome of federal habeas proceedings. When the Court of Criminal Appeals finally acknowledged its mistake in dismissing the proceeding, it denied all Mr. Wardlow’s clams on the merits, including his claim of trial counsel’s ineffectiveness in investigating penalty phase mitigation, without any explanation. The merit of Mr. Wardlow’s trial ineffectiveness claim is comparable to the merit of the claim in Andrus v. Texas, __ U.S. ___, 2020 WL 3146872 (June 15, 2020), but the manner in which the Court of Criminal Appeals finally got to and considered the merit of Mr. Wardlow’s claim is worse than that which compelled the court to grant, vacate, and remand in Andrus. Accordingly, the Court should consider: Whether in Mr. Wardlow’s case to grant certiorari, vacate the decision of the Texas Court of Criminal Appeals, and remand for reconsideration in the manner required of that court in Andrus. i PROCEEDINGS DIRECTLY RELATED TO THIS CASE State of Texas v. Billy Joe Wardlow, No. CR12764, 76" District Court of Titus County, Texas (judgment February 11, 1995) (trial proceeding) Wardlow v. State, No, 72,102 (Tex.Crim.App. 1997) (unpublished) (direct appeal) Ex parte Wardlow, No. WR-58,548-01 (Tex.Crim.App.) (unpublished) (initial state habeas corpus) Wardlow v. Director, 2017 WL 3614315 (E.D.Tex. 2017) (federal habeas corpus) Wardlow v. Davis, 750 Fed. Appx. 374 (5" Cir. 2018) (certificate of appealability application) Wardlow v. Davis, __ U.S. ___, 140 S.Ct. 390 (2019) (petition for writ of certiorari) Ex parte Wardlow, 2020 WL 2059742 (Tex.Crim.App. 2020) (reconsideration of initial state habeas corpus application) ii