In Ex parte McAndrew, No. 12-06-00179-CR, 2006 WL 3086183 (Tex. App.--Tyler Nov. 1, 2006, no pet.), the Tyler Court of Appeals determined that the trial court erred in refusing to hold an evidentiary hearing on appellant's application for writ of habeas corpus based on claims of ineffective assistance of counsel. Id.
The Tyler Court reasoned that, in appellant's application, in particular, it was an abuse of discretion to deny appellant's request for a hearing which would have developed the testimony of appellant's trial counsel as to his decision-making and actions at trial. Id.