WR-85,011-01,02,03,04
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 6/2/2016 11:01:05 AM
Accepted 6/2/2016 11:21:01 AM
WR-85,011-01, WR-85,011-02, WR-85,011-03, WR-85,011-04 ABEL ACOSTA
CLERK
EX PARTE § IN THE TEXASRECEIVED
§ COURT OF CRIMINAL APPEALS
6/2/2016
§ COURT OF ABEL ACOSTA, CLERK
§
EDUARDO ENRIQUE ALFARO § CRIMINAL APPEALS
MOTION TO STAY PROCEEDINGS PENDING
THE FILING OF EVIDENCE IN THE TRIAL COURT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW EDUARDO ENRIQUE ALFARO, Applicant, and
respectfully asks this Court to stay the proceedings in this case.
Alfaro’s applications for writ of habeas corpus were filed on October
7, 2015, in the 401st Judicial District Court. Upon the State’s filing of a
reply on March 24, 2016, Alfaro asked the court for time to file a response
before the court made its findings. A response was crucial—in the State’s
reply, the State argued Alfaro had not shown his attorneys were
ineffective in failing to consult with a forensic psychologist as to
mitigation evidence to present at punishment because Alfaro did not
“provide[ ] any evidence of what such testimony would have been.” (Resp.
at 13). But Alfaro’s failure to provide evidence of what a forensic
psychologist would have testified was not knowing—it was a clerical
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oversight. Alfaro simply forgot to attach his examining forensic
psychologist’s report. Accordingly, Alfaro sought to respond to the State’s
reply with the report attached hereto.
The state was aware of this and, in fact, agreed to Alfaro’s request
to supplement the record with the report. Additionally, counsel spoke to
the Judge of the 401st Judicial District Court, Mark Rusch, and he agreed
to the request. For some indeterminable reason, however, without any
order or notice to either Alfaro or the State, the case was then transferred
to the 199th Judicial District Court. On April 26, 2016, that court without
prior notice to counsel then entered findings and conclusions
recommending Alfaro’s application be denied and forwarded the case to
this Court on May 2, 2016.
Those Findings and Conclusions were prematurely entered. Alfaro
has additional evidence to be submitted and requests a stay to provide
said evidence to the trial court. Accordingly, Alfaro respectfully asks that
this motion be granted.
Respectfully submitted,
/s/ Bruce Anton
BRUCE ANTON
Bar Card No. 01274700
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SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road
Suite 250
Dallas, Texas 75201
214-468-8100
214-468-8104 (fax)
Attorney for Applicant
Certificate of Service
I, the undersigned, hereby certify that a true and correct copy of the
foregoing Motion to Stay Proceedings Pending the Filing of Evidence in
the Trial Court was served to the Collin County District Attorney’s Office
and the 401st Judicial District Court on June 2, 2016.
/s/ Bruce Anton
BRUCE ANTON
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