Per curiam.
ON APPLICATION FOR WRIT OF HABEAS CORPUS CAUSE NO. D-1-DC-02-300682-B IN THE 299TH JUDICIAL DISTRICT COURT TRAVIS COUNTY Per curiam.
ORDER
This is a subsequent application for a writ of habeas corpus filed pursuant to the provisions of Texas Code of Criminal Procedure Article 11.071, § 5.
Applicant was convicted of the offense of capital murder in 2002. The jury answered the special issues submitted pursuant to Texas Code of Criminal Procedure Article 37.071, and the trial court, accordingly, set punishment at death. This Court affirmed Applicant's conviction and sentence on direct appeal. Allen v. State, No. AP-74,951 (Tex. Crim. App. June 28, 2006)(not designated for publication). This Court denied relief on Applicant's initial post-conviction application for a writ of habeas corpus. Ex parte Allen, No. WR-73,329-01 (Tex. Crim. App. Aug. 25, 2010)(not designated for publication). Applicant's first subsequent habeas application, Ex parte Allen, No. WR-73,329-02, was received in this Court on April 26, 2018.
On April 23, 2018, the State filed in this Court a motion titled "State's Emergency Motion for Sealing Order." The State complains that Applicant has filed "a document that purports to be a transcript of grand-jury testimony" as an exhibit in support of his subsequent habeas application. The State further complains that the subsequent habeas application "specifically addresses the transcript and purports to quote testimony from the transcript." The State contends that "[t]o preserve, to the extent possible, the secrecy of the grand-jury proceedings reflected in the transcript, an order placing those items under seal should be entered." See TEX. CODE CRIM. PROC. art. 20.02(a). The State argues that "both Applicant's subsequent habeas application and the grand-jury transcript that was filed in support of that application" should be sealed.
The transcript of grand-jury testimony is secret by law. See TEX. CODE CRIM. PROC. art. 20.02. Therefore, the district clerk is instructed to immediately remove the grand-jury transcript and the application quoting that transcript from public access pending the outcome of proceedings in the trial court. Because the trial court is in a better position to determine the facts surrounding this situation, we remand this cause to the trial court to determine whether: (1) Applicant or the State has violated the provisions of Chapter Twenty of the Code of Criminal Procedure by disclosing this information; (2) Applicant has filed a petition requesting proper disclosure under Article 20.02(d) and (e); and (3) the information at issue should remain secret.
We note that disclosure to another entity does not necessarily release the information from the secrecy requirement, and we ask that the trial court specifically distinguish between the concepts in its ruling. --------
The trial court is instructed to make its determinations within 15 days. The record of the proceedings, with any necessary protections in place, shall then be immediately returned to this Court.
IT IS SO ORDERED THIS THE 2ND DAY OF MAY, 2018. Do not publish