ACCEPTED
10-11-00424-CR
TENTH COURT OF APPEALS
WACO, TEXAS
1/30/2015 2:06:53 PM
SHARRI ROESSLER
CLERK
NO. 10-11-00424-CR
THOMAS HENRY SINCLAIR § IN THE COURT OF APPEALS
v. § FOR THE TENTH DISTRICT
THE STATE OF TEXAS § OF TEXAS AT WACO
APPELLANT'S MOTION TO PERMIT CURRENT
COUNSEL TO WITHDRAW ON APPEAL AND
SUBSTITUTE NEW COUNSEL ON APPEAL
TO THE HONORABLE COURT OF APPEALS:
COMES NOW the Appellant, through his attorney of record on appeal, Lori
L. Ordiway, and files this Motion to Permit Current Counsel to Withdraw on
Appeal and Substitute New Counsel on Appeal in the above-referenced appeal, and
would show the following:
I.
The Court of Criminal Appeals remanded the appeal to this Court, and, in
response to the letter issued by the Clerk of this Court on January 9, 2015, the
Appellant filed a waiver of filing a new brief on January 23, 2015. No opinion,
based on the original briefs, has been delivered by the Court as of the time of the
filing of this motion.
II.
The undersigned attorney, Lori L. Ordiway, is closing and leaving her
private practice and will be returning to the position of chief of the appellate
division of the Dallas County District Attorney's Office on February 2, 2015.
III.
Continued representation in this appeal would constitute a conflict of
interest. The substitution of new counsel is necessary to ensure that the Appellant
receives effective assistance of counsel on appeal.
IV.
The substitute attorney's name and other information required by Rule
6.5(d) of the Texas Rules of Appellate Procedure are as follows:
Brett E. Ordiway
2311 Cedar Springs Road, Suite 250
Dallas, Texas 75201
Phone: 214-468-8100
Fax: 214-468-8104
E-mail: bordiway@sualaw.com
State Bar No. 24079086
A copy of this Motion is being delivered on this date to the Appellant both
by certified mail (Certified Mail No. 7014 1820 0001 7535 1186) and by first-class
mail to the Appellant at his last known address:
Thomas Henry Sinclair
7255 SWCR 2420
Wortham, Texas 76693
WHEREFORE, PREMISES CONSIDERED, the undersigned attorney for
the Appellant respectfully requests that this Court grant this Motion to Permit
Current Counsel to Withdraw on Appeal and Substitute New Counsel on Appeal.
Respectfully submitted,
/s/ Lori L. Ordiway
LORI L. ORDIWAY
State Bar No. 12327300
P.O. Box 793991
Dallas, Texas 75379
Telephone: (972) 701-0155
Facsimile: (972)701-0151
E-mail: lori.ordiway@att.net
ATTORNEY FOR THE APPELLANT
CERTIFICATE OF SERVICE
The undersigned attorney hereby certifies that a true and correct copy of this
Motion is being served on the 30th day of January, 2015, via the service function in
eFile Texas, on the following attorneys: (1) the attorney for the State of Texas,
Andrew Wolf, Assistant District Attorney, Navarro County District Attorney's
Office, to awolf@navarrocounty.org; and (2) Brett E. Ordiway to
bordiway@sualaw.com.
/s/ Lori L. Ordiway
LORI L. ORDIWAY
11-41