Order entered June 25, 2015
In The
Court of Appeals
Fifth District of Texas at Dallas
No. 05-15-00454-CR
EX PARTE WILLIAM THOMAS NICHOLAS, JR.
On Appeal from the County Criminal Court No. 10
Dallas County, Texas
Trial Court Cause No. MC15-A0588-L
ORDER
This appeal is set for submission, without argument, on July 3, 2015. By order dated
May 20, 2015, we ordered the Dallas County Clerk to send appellant copies of the clerk’s
records and supplemental clerk’s records in paper format so that he may prepare his brief. On
June 5, 2015, we ordered the Dallas County Clerk to file, by June 10, 2015, a supplemental
clerk’s record containing the document entitled “Court’s Supplemental Order and Findings of
Fact and Conclusions of Law” that reduces to writing the trial court’s ruling on appellant’s
application for writ of habeas corpus. To date, we have not received the supplemental clerk’s
record. We now have before us appellant’s June 23, 2015 objection to the appeal proceeding to
submission on July 3, 2015 because he has not received any volumes of the clerk’s or
supplemental clerk’s records from the Dallas County Clerk. We will treat this as a motion to
postpone submission and GRANT the motion. We ORDER the appeal removed from
submission on July 3, 2015. We will reset the appeal for submission in due course.
The Court ORDERS John Warren, Dallas County Clerk, to file by 4:00 p.m. on
TUESDAY, JUNE 30, 2015, a supplemental record containing the document entitled “Court’s
Supplemental Order and Findings of Fact and Conclusions of Law” that reduces to writing the
trial court’s ruling on appellant’s application for writ of habeas corpus. If the supplemental
clerk’s record is not filed by that date, the Court will utilize available remedies to obtain
compliance.
We further ORDER John Warren, Dallas County Clerk, to send copies, in paper format,
of the clerk’s record and all supplemental clerk’s records, to appellant at the address shown
below, and to provide this Court with written verification, by 4:00 p.m. on THURSDAY, JULY
2, 2015, that he has done so. If the Court has not received the Dallas County Clerk’s verification
by the date specified, the Court will utilize available remedies to obtain compliance.
Appellant’s pro se brief is due by AUGUST 21, 2015. The State’s brief is due by
SEPTEMBER 21, 2015. After the Court receives appellant’s brief, the parties will be notified
of a new submission date and panel.
We DIRECT the Clerk to send copies of this order to the Honorable Roberto Canas, Jr.,
Presiding Judge, County Criminal Court No. 10; John Warren, Dallas County Clerk; and the
Dallas County District Attorney’s Office.
We DIRECT the Clerk to send copies of this order, by first-class mail, to William
Thomas Nicholas, Jr., TDCJ No. 1680033, Clements Unit, 9601 Spur 591, Amarillo, Texas
79107-9606.
/s/ ROBERT FILLMORE
PRESIDING JUSTICE
William Thomas Nicholas Jr v. State
Combined Opinion