in Re Steven C. Phillips

FILED 14-0797 1/7/2015 4:47:38 PM tex-3688319 SUPREME COURT OF TEXAS BLAKE A. HAWTHORNE, CLERK No. 14-0797 ____________________________________________________ In the Supreme Court of Texas ____________________________________________________ IN RE STEVEN C. PHILLIPS, RELATOR. ____________________________________________________ On Petition for Writ of Mandamus to the Texas Comptroller of Public Accounts ____________________________________________________ RESPONDENT’S MANDAMUS RECORD KEN PAXTON LESLI G. GINN ATTORNEY GENERAL OF TEXAS DEPUTY DIVISION CHIEF STATE BAR NO. 24050664 CHARLES E. ROY FIRST ASSISTANT ATTORNEY ERIKA R. SAMS GENERAL ASSISTANT ATTORNEY GENERAL STATE BAR NO. 24083784 DAVID C. MATTAX DEPUTY ATTORNEY GENERAL FOR OFFICE OF THE ATTORNEY GENERAL DEFENSE LITIGATION FINANCIAL LITIGATION, TAX, AND CHARITABLE TRUSTS DIVISION ROBERT O’KEEFE P.O. BOX 12548 (MC 17-6) DIVISION CHIEF AUSTIN, TEXAS 78711-2548 FINANCIAL LITIGATION, TAX, AND TEL. (512) 936-0538 CHARITABLE TRUSTS DIVISION FAX (512) 477-2348 LESLI.GINN@TEXASATTORNEYGENERAL.GOV ERIKA.SAMS@TEXASATTORNEYGENERAL.GOV COUNSEL FOR RESPONDENT, TEXAS COMPTROLLER OF PUBLIC ACCOUNTS ·nlr s U ... -·· · - · ·--·-- . r S A N TEX-A S COM PTROLLER of PUBL I C •• • ACCOUNTS _ ·•-&<00• - ·••.. - ... .,., ·- · - ·-· ,,__., ..... _ • I J r--- C- -0- -M - -8- - S- -i I WWW WINDOW . S TATE TX t=::.::::=:::======== ::='.::===== === ==================:::::::==JI '-·/\;,.,;J :1__, --i;\~}'.~~l~;;:+'/. ... us f ...;:::=:. ~'~. · ~~ :f.:j~--~;·,\ ~f.· " ' ... ~ • . ....=::.=;~ October I4, 2009 Mr. Vincent Castilleja Crime Records Services Texas Depm1rnent of Public Safety PO Box 4143 Austin, Texas 78765 Dear Mr. Castilleja: Pursuant to Chapter I 03 of the Civil Practice and Remedies Code, as amended by the 81 st Legislature, a claimant is entitled to compensation in an amount equal to $25,000 multiplied by the number of years served as a registered sex offender. Please provide us a written statement verifying registration as a sex offender and length of registration including start and end dates for the fo llowing claimant. Name DOB Texas DL SSN TDCJ # SID # Number n/a If you have any questions regarding this request, please caJI 5 I 2-936-6100 or Kristie Guerra @ 512-463-40 14. Sincerely, fif~.Ptlr~ Leonard Higgins Comptroller's Judiciary Section PO Box 13528 Austin, Texas 78711 -3528 RMROOOOOl  STATE OF TEXAS COMPTROLL ER'S OF FICE .:tECEIV6-D q Claimant name and address P.O Box 13528 Auslin. TX 78711-3528 Call 1-800.53 1-544 1. exi. 6·5985 or (51 2) 9 36-5985 IA verified copy of pa rdon I court order showing actual innocence and justifying application. Enclosed A written statement from Texas Departmen t of Criminal Justice verifying length of incarceration in a Slate prison. Enclosed A written statement verifying the length of incarceration from any Texas County or Municipality where incarceraled in relation to Enclosed the charges for which claimant is eligible to make lhe claim. If applicsb:e. ;; written statement from Texas Department of Criminal Justice verifying length of lime spent on parole. Enclosed If applicable, a written sta tement from the Te~as Department o f Public Safety verifying registration as a sex offender and length of Enclosed registration. A certified copy each child support order . ii applicable, under w hich child support payments became due during the tim e the claimant served in prison and copies of the official child support payment records described by Section 234.009, Family Code. Enclosed for that eriod. For proof o f birth date provide a copy of birth certificate, or sl ate driver's license, or state ID, or a notarized statement verifying Enclosed month. day and year of birth. Total Amount of Claim Supported by the Attached Documentation: 'f-- p 0 0 0 CJ & ,~ CLAIMANT'S CERTIFICATION ,S71~v1?N I.~ C ' I" ff I l lit"..J. do hereby certify that the amount requested is due and payable pursuant to Chapter 103 o f the Texas Civil Practice and Remedies Code and I w ill immediately notify the Comptroller's Judiciary Section in writing of any cha nges or conditions which will disqualify this payment. Claimant Signalure Date lo I J o J> I approve this request for payment and to the best of my knowledge this request for payment is true and correct . ?mplies with Chapter 103 of the Texas Civil Practice and Remedies Code . Date ;o<~->/o RMR000002 ~ ." . .. ~· · ; ... :·.:· ···:.~·· ~· ":," . RMR 000003 TXDPS - TXDPS Publfo Sex Offender Registry - PHILLIPS,STEVEN CHARLES Page I of 3 -~·=:~::-:.:~/'' ·111.,::~--~.:~-:~~_,,,===:==.:-_f"iJcs·oc·.d. ihio: ;i•o .,, _ ,.," ·.:«·ci "" rrc I~~_g_s D.,~J2.9_[_lJTI.~nt_gf__E'ubU~. _5afety b:1 Mi::: .::.~--:.1'-t. :1,c 'fi;,·~ ·1._,, .;-; ~·-::p. 1 r\ff;(·r,t t'! P1.f~1ic :'cifr:t/ ·~, 1·:-.-..µ,_ ,~!!1k· r:)r i«; ·:,··'t·.·-qr ·'i1_•,~'"-' ,..,,_,,.., '"'··'" D·.'f'"' '"''·'·" d f ,,.;,, '-:;fc1y\ .f'>fivaQll'Qli_<:;y ""''"•' "'"3 the· ,,,,,,,,_._.,,,,n c:-, t:-,;, :ito https ://records. txdps.state. tx. us/DPS_ WEB/SorN ew/PublicSite/index.aspx?Pagelndex=Indi... 61112009 RMR 000006  Tex as De par tm e.n t o.f. Crim.in.al. J,u.s t.i c..e.. Btad. Uv.lngston Executive Director September 15, 2009 RECEIVED Steves·Gharles ·Phillips ··· DC\ 1 4 i.UUior, reinli!"grOl#·efltm.ittr311'1o»ocwty. (11ld ms1st•vicrtms of·~- P.O. Box 99 HuntsVillc,.Tu.as.17342-009~ www.ldtj.Sta{C,IX.US RMR000007  "~ e o. 11:; , /· 2009 2: 55?"1 , .... ... . R.~CEJ\I ED - -- ~ ocl 1 {~ i1:1u~ Bl~ IN HIE'. CHAl1CERV COURT OF BOONE CIJUNTY , AR\l.AHS/\S CllElll SUE Pl!ILLIPS, PLAINTIFF Vs. No ...___ _ STEVEN CHARLES PHILLl?S , DEFENDANT •/. . . ~·... - --···-- .. .., . . . DEC~EE -- • • ·- 0 ••• Of niVORCE - - •• \\. r NOH, on thi s 2nd d~y of Fa.bruary, 1978, comes on for hea r1 ng t he above styled cause, and same fs submitted upon the oral testimony of pl ai ntiff and witness on her behal f. t he official file, statement of counsel and other matters and things before the Court , from all of wh ich the Court finds: 'that t he part1es hereto are residents of Boone County, Arkansas, the defendan t present ly be ing in the military service in Cer:nany: that t ne defendant ;was duly I · notified by publ ication and by Attorney Ad L1tem , such ·proof of publk4t ion and " i Report of At torney Ad litem bei ng fil ed here1n1 that the Court has j urjsdict1on of ~___,.,_.!-!:'!~~1~~- .~l).Ll!:.l.P...~£.l;~J\'.~J).11!".·. '... ' ' • ·. . . ·- . . . . . ... . : r- .' .· ihat t he pl a1nt1ff' has alleq~d and establi shed. by competent test;~ny :~~--=~; -' proper grounds for divorce and a decree of absol ute divorce >hould be ! nt ered i n I her f 3VOr . : I ' i That to t his marriage was born one cMld, nam11ly- that said .chil d ,Is . presently in the care and custody of thP. pl a intiff and she is fit and Proper person to cont 1nue t he ca re ano custody of sa 1cl ch11 d. subject to the .defenqant ' s right of reasonab1e vis1ta t1on with sa1 d child. That the defendan t shall pay t o t he plai~ tiff ~or t he support of said ch1 ld t he ~ um of Sl 00 . 00 each nior.th. I That. the defendant shoul d return in ~\ed1atel,y to p l~ int 1ff three box~s of h9r persona l . .• ~ ' ~· ........ ··-· ..-·j i'" I items , whi ch she left in Gennany. · J • ;·•• '~. ..&*: . !T IS, THEREFORE, BY THE COURT, Considered, Oroered , Adjudged and Oecreed tha t µ ~o in t i ff , Cheri Sue Ph1 1 1i~s. should be and she 1s hP.reby granted a decree of ~ absolu te divorce from t he defend~nt , Steven Charles Philli ps ; that the plaintiff i s r.warded the tare und custody of the minor t hil d of t he parfies , subject to defendant \s ,. right of r~asonable visi t ation wi~h said child; that tha ·defendant sho~ld be and I .~ he Is hereby :>rd~rcd to pay to t'rie plaintiff fo r th~ support of sa id child, t he suw : . ·, ~ ' Seo. '5. 2009 2: 56PM .. _. •) ;· : : :.~j,'!:.•1·~:·. or ~100.00 per month; th · o . CC'llltHY Boo1w .. 1 .. -. · .· . (IF ~OT I» M O• ~ IYU, c. llAllE OF • -'-7---'"""-·-- -f::trtr"#iJ;"· .. BOone County . •• IS 1'1.AC£ OF 81.llTlt IN511>( CITY LI MITS! tl• C I YA<.(7 lQ oqtSS) Hoapitifl ---- · -·-.-Rt~ r "';7·--- -·-- o •. STllUT AQPJl?sS l . IS R!S1 0£1/C£ INSIDE: CITY llllJTSl _ v Es 13 110 n .. .r(s o 110 ex , .-,, ... . •: l. NAHi! • LAST • Cl ( Tll.E OA r 1uur) Phillips ·i..... l-4-.-S- EX ~~~~~---' S• . ll" l Wlll Oil $. DATE I TRIPLET, ClflLP .~ 0 7. NAME I .MIDOLE . w~· &o•" UT 0 ZKD 0 3•• l AST 0 ·or OlllTll I>! "' Steven Charles Phillips ~t-;;---;:~~=:'.:"-.::7.::~:::::-~~~~~>-'.:-:----=-:-=-=-:-:-:--::~=-----=.....,---=-~-~~-=:-;:--:-::---=~-:-=---~ !:{ 9. AGE ( AT TIME OF flUS llRTHl. 110. BIRTllPU.Ct IST~TE o• tOktt•rt (lllJ~YoU I I. US(/A~ OCCUPATION .... 17 'rEA11s Tex.a~ · U. S. Ariu.;( 1Z. MAIDE!j NAM E f'l,.ST 13. CO\.OA OR RACE o! .· Wb.1.te ·. b 1 14. AGt; CAT T IWf ~F T~I! llATl:ll 1·~· ~ ----~-~~~hery'),_ Sue DIRTH PLACE CSTAH o• FOUIGN COUlllftll I----------------,-------~ ~ ~EARS ~~'~!7c:t"a•.:';:~o ::'::, 6 · ·· Arkansas ·· •7 .. INFORMANT - NAME RfU TfOM ro C!tlLO t u 1r Ann CCMC! l'\le>t) l ., I-bther 0 ,. : ·; THIS IS ACERTIFIED COPY OF AN ORIGINAL·DOCUMENT THI S IS TO CERTIFY, That the a bove is. an exnct r eproduction ot t he ori~-- ~ ina l certif icate which is on file in this office and .o f which I am legnl =ustodian . . IN TES TIMONY WHEREOF, witness my hand and s~al of offi ce at . Li tt1 e Rock , Arkansas. (Do not acc~pt i.f i:ephotographed, or i f seal ca ; >- >. not b e fe lt . The reproduction of this document is prohibited by la~ Arkan sas Sta tute 82-529_) J ~~-a~ Max-ch ). 7, 1976 . _...,.. ··1ra te -- - -····· State Regis t rar f RMROOOOlO  . SEP -1 $~2009 09:04 From: INTEGRITY PRINT!~ 9185283358 To: 18176228071 ! . :f RMROOOOll SEP- 15- 2009 09:0:I IJJI rui: hearir1g, the F-lnint.i ff , 'l'!{At'] M. PHU•.LlPS, ilppei>r1ng in i~ers;n:-. Mtd by hat" attorMy, Jul I;; T>r.auqhon, and th<: DeCend<.x.,-1:11tP.d and fl 1ccl 511 CJ'. id!i!nt \,jflt~y of appeaca11cc ~nd wnlv~r or ti111e to pll'_aa. 111e c •.,un havioq l:IXl,E>l"illl J'lt<:t:; <1~l~c1l in Pl3 i n t. i 1' 1''" t~rvt jt.i.or1 , tiuds; 'J'ht. ~ t:lte J:>111·1 i"':s hlh i;,;irt ie"' ;;::; prc1ycd for; 'l,1« t the Pl.Jinl·.1.f1' l 1n.'> ~n a resident or the Stilt.e of Oklahoin;, r ot "' pt!ciud ur six month!l next prP.cecJjng thil tiliuq l11oo'rein and f'lilintiff !;OOUld Ix: a.rilrded I.he te.:clu>< ivt! c-or~ 011d '""-'".?:"U cs . 'J'he lie 1·\;:1d;,11t. ,,.11uuld pay the s;um or Jl IJfl. ':iO per 1nonth 1.:lll l<.I !i<1pport. "l't'.e Ploi.nL ir f shci1Jlt? Ill< <•!S pon1dble for any mr;cliC'Vl/clr.ml.H -:~nse.s (..'J the~ ''' inor child . ·1'r1<1t ,~ilch p;:irLy shoul.:!tl,ndant r.erein, r~ an!l thi;.y ure he.i;.,;,by en ,;: anr:l l'1..JD DECREED by t/'1c court triat tl1e Plaintirr is kend encl m1y ot'"?er ti.mes agrcc8t)l<'"< t<> oo'h partili!s;. 'l:'h"' J.Jetrmdi•nt is 0,1;'(;lenxJ ctnd cliri>cted to pay the amount nl' $108.CiO per 11..:i11th chi.J.<.l :;uµp<.>rt dunriy tit"' minority oft.he child iw unti.l f\ll"Lher order 01: tht:1 <:uu4t;, 'HJ0nsible for any m0.<.:t\::n<.lant-'l; income or pedodir' earningR RpRel_fleth'"'~ lfli:lintenance ;:>ayr.ients, or both, impoz~ b:r· thi;; l.l&Tli!e. Defend:;;nt~c present and/or ful.ure employer or ;:my person, dcpi.J."trnenl. of t.he '.':l.111.i'! 01 1;o1hkctl i:;ubdivlsion thereof, owing 1r~ir1ire.o;, income or periodic earnings t.o ck,i0nii;<.:·if'ioi.cl in the nQti<.;G tu PlaintifE, unti 1. fun.her order of the.:. l'o-....1rt:. IT t.S FfJR'f'HER ORDm£D, i'.DJUD3ED /\ND D&::P.8£]) by thu Cou,t that each pr..i~t.y is ;:iw;;ird".'i.'L·ty iu t;huir µos::;u:,rnion and c11rh party rc.:lectsus, quit clwiins and wssi.gn:;i r.o tr1(• oth<:>r pr:trty all bi:; or h<:>r rigl1L, 1·.H.h~ ;,r"l ·int..1.ru:;t, pr<:>:;ro>nt O'.K.T y;,. ·,1.-IBHT imce~ IS:.lUlID·B': THI: CWl1-C£ or cmr..o W !'!lOOT ENf'O!lC£ME!'f f TI!R-OL!GH IT£ ST ATE DISTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT IDSTORY. A REQUEST FOR A CERTIFIED PAY HISTORY MUST BE TN WRITING FROM THE CUSTODIAN, NON-CUSTODI AL r ARENT OR THEIR ATIORNEY OF RECORD ro THE STATE DISBURSEMENT UNlT, CERTIFIED PAY HISTORY REQUEST, P. 0. BOX 8128, LI TILE ROCK, AR 72203. UNOFFICIAL COPIES OF CHILD SUPPORT PAYMENT RECORDS MAY BE AV All.ABLE THROUGH THE LOCA L COURT CLERKS OFFICE. 11/23/2009 RMR 000034 Page2 01 Receipt T)pe RCT Statu~ LookUp Code Dw:ription Cade Description 0[} Regular collection H Hold 01 Prior Collection I Identified 02 IRS Collection M Manlllll Di~tribution 03 State Revenue Collection 0 Out Of Balance 04 BSD Collection R Research 05 Advance (1Jncfatributed Excess) s SHEP Special Har1dling 11 Increase Regular Collections x Refund 12 Increase Advance 13 Increase BSD 14 Increase IRS 15 Increase Stare R.1wenues 16 Incroase Prior CollectiollS 21 Decrease Regular Collections 22 Decrease Advance 23 D~easeESD 24 Decrease IRS 25 Decrease State Revenue 26 Decrease Prior C-0llections Indicatnr LookUp DISB. Hold LookUp Code Description Code De£criptlou AAC Applioo To Anothtlf Case (s) A Address Hold HOL On Hold D Daily Disbursement Hold RNN Refunded To NCP l 6Month Hold IUN Identified But Undistributed F Future Hold RSC Research., Shef, Out Of Balance L Less 1118ll Zero Dollar Hokl w Welfare DiWibution Hold p Deceased Hold E Foster Care Hold DISCLAIM.ER: PURSUANT TO ARK. CODE ANNO§ 9-14-807 CHILD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE OF CHILD SUPPORT ENFORCEMENTIBROUGH ITS STA TE DISTRJBUTlON UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHlLD SUPPORT PAYMENT HISTORY. A REQUEST FOR A CERTIFIED PAy msroRY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEIR ATTORNEY OF RECORD TO 1HE STATE DlSBURSEMENT UNI l, CERTIFIED PA y msTORY REQUEST, P. 0. BOX 8128, LlTI'LE ROCK, AR 72203. UNOff!C!AL COPIES OF CHILD SUPPORT PAYMENT RECQRDS MA y BE AVAILABLE IBROUGH THE LOCAL COURT CLERKS OFFICE. l 1!23/2009 RMR 000035  s u s JI A N TE X A 5 C0 MPTR0 LL ER of PU B L IC A C C O U NT S c 0 M B s P.O Box 13:32 6 • AUSl lH, TX 78 71 1·3!52 8 November 24, 2009 Mr. Steven C. Phillips Dear Mr. Phillips: The Comptroller's Judiciary Section is in receipt of your claim and supporting documentation requesting wrongful imprisonment compensation. The claim has been approved for the follow ing amount and pursuant to Section 103.15l(a), Texas Civil Practice and Remedies Code, the payment will be mailed within 30 days of the date of this letter. Lump-sum payment: $1,262,500.00 Pursuant to Section 103.00J(b), Texas Civil Practice and Remedies Code, the claim was reduced because of concurrent sentences served from June 4, 1982 through June 9, 1992. 17ze sentences served under cause numbers F82-82743 -Q, F82 -79130-Q, F82-76748-Q, F82- 86990-Q, F82-8705J-Q and F82-77699-Q ran concurrently with cause numbers F82-86866-Q, F82-79140-Q, F82-77161-M, F82-77162-Q and F82 -77700-Q. (See attachment) The court order submitted by the claimant did not grant relieffo r the sentences served under cause numbers F82-82743-Q, F82-79130-Q, F82-76748-Q, F82-86990-Q, F82-87051-Q and F82- 77699-Q. In addition, any compensalion for child support payments determined by the Comptroller to be owed under Section l03.052(a)(2), Texas Civil Practice and Remedies Code, will be paid within 30 days of the date of this letter. In accordance with Section 103.052(c), Texas Civil Practice and Remedies Code, any compensation for child support payments will be paid on the claimant's behalf in a lump-sum payment to the state disbursement unit, as defined by Section 101.0302; Texas Family Code, for dis tribution to the obligee under the child support order. The Comptroller will notify the claimant of the amount of any payment made on the claimant's behalf to the state disbursement unit. If you have any questions or need additional infonnalion. please contact the Comptroller's Judiciary Section by e-mail at leonard.higgins@cpa.state.tx..us or by phone at 1-800-531-5441 , extension 6- 6100. Sincerely, ~-P{J;r:-- Leonard Higgins Comptroller' s Judiciary Section Attachment RMR000036 1-- --· - .... s u s ;\ N T EXAS C 0 MP TR 0 L L ER fJ./ PU BL IC AC C 0 U N T S ;_ i! - -- -· -- - -- -......:• ; ; ! C 0 YI B S 1 PO Sox 1:35 28 • Au3T•N. TX 78 7 11 .'.3526 ff-~ j i i '('.-:-\~~i-~~l-j I i;·::::-.:.::::-;:=:::::::=.::::::-.:.::;::~=-=::::::=:::::.::.:::::::-.:::=:=:::-:.·.::.:.:::::==:::::::-.:-::::::-.:::;:::::-_-:.~:::::::.-=::-.::::::::.::-.::::::::-:-..::..--::~7'"-===--:::::::::::::::::::::::::::::::::.:·:::::::::'.\\~~ December 23, 2009 ..... · Mr. Steven C. Phillips Dear Mr. Phillips: Enclosed is your wrongful imprisonment compensation lump-sum payment in the amount of $1,262,500.00. Pursuant to Section 103.00l(b), Texas Civil Practice and Remedies Code, the claim was reduced because of concurrent sentences served from June 4, 1982 through June 9, 1992. The sentences served under cause numbers F82-82743-Q, F82-79130-Q, F82-86748-Q. F82-86990-Q, F82- 8705 l-Q and F82-77699-Q ran concurrently with cause numbers F82-86866-Q, F82-79 l40-Q, F82- 77161-M, F82-77162-Q and F82-77700-Q. The Comptroller's Judiciary Section received additional court orders submitted on your behalf by Mr. Randall E. Turner on December 17, 2009. The additional orders were received after the 10 day time period prescribed for applications to cure under Section 103.051(d), Texas Civil Practice and Remedies Code. The Comptroller will , however, consider the additional orders if a new compensation claim is submitted for the time during which the six concurrent sentences were served. · In addition, it appears that the claimant may be entitled to compensation for child support payments under Section I03.052(a)(2), Texas Civil Practice and Remedies Code. However, based on the records submitted, the Comptroller is unable to detennine the appropriate amount of compensation that may be owed under Section 103.052(a)(2). If supplemental information is submitted which enables a determination of the appropriate amount owed, then payments will be made in accordance with Section l03.052(c), Texas Civil Practice and Remedies Code. Such payments will be paid on the claimant's behalf in a lump-sum payment to the state disbursement unit, as defined by Section 101.0302, Texas Family Code, for distribution to the obligce under the child support order. The Comptroller will notify the claimant of the amount of any payment made on the claimant's behalf to the state disbursement unit. If you have any questions or need additional information, please contact the Comptroller's Judiciary Section by e-mail at leonard.higgins@cpa.state.tx.us or by phone at 1-800-53 1-5441, extension 6- 6100. Sincerely, ~~i;;~ Comptroller's Judiciary Section RMR000037  STATE OF TEXAS COMPTROLLER'S OFFICE Claimant name ana aaaress P.O. Box 13526 Auslin, TX 78711-3528 Call 1-800-531-5441, ext. G-5985 or {512) 936-5985 A verified copy of pardon I court order showing actual innocence and justifying application. Enclosed A written statement from Texas Department of Criminal Justice verifying length of incarceration in a S tate prison. Enclosed A written statement ve rifying the length of incarceration from any Texas County or Municipality where inca rcerated in relation to the charges for wh ich daimant is eligible to make the claim. Enclosed D If applicable, a written statement from Texas Department of Criminal Justice verifying length of time spent on parole. Enclosed D If applicable, a written statement from the Texas Department of Publlc Safety verifying registration as a sex offender and length of registration. Enclosed D A certified copy each child support order , if applicable, under which child support payments became due during the time lhe claimant served in prison and copies of the official child support payment records descnbed by Section 234.009, Family Code, for that eriod . Enclosed D For proof of birth date provide a copy of birth certificate, or state driver's license, or state ID, or a notarized statement verifying Enclosed month, day and year of birth. Total Amount of Claim Supported by the Attached Documentation: jf / . (,, o o, ;; oo ~ CLAIMANT'S CERTIFICATION ~q~:,;iL:....:::..;:.:::::_,,___L.-...::!l""-"i,4--i~L::--~--,,-,--,• do hereby certify that the amount requested is due and payable pursuant to Chapter 103 of the Texas Civil Practice and Re e ies Code and I will immediately notify the Comptroller's Judiciary Section in writing of any changes or conditions which will disqualify this payment. Claimanl Signalure Dale Of o·1 10 AOdresstCity/S1a1eJzlp code sign ... here r /!) RMR000038 Leonard Higgins 01-07-10 Comptrollers Judiciary Section Texas State Comptroller of Public Accts. PO box 13528 Austin, Texas 787 11-3528 Re: your 11-24-09 letter Dear Mr. Higgins, Please find the enclosed documents noted in your letter: Court orders granting relief for sentences served under cause numbers F82-82743-Q, F- 82-79130-Q, F82-76748-Q, F82-86990-Q, F82-8705 1-Q and F82-77699-Q. I hope these orders will enable you to proceed with my claim. Thank You, ~ e , ;:,J,.:tt.j'-4 Steven C. Phillips Attachment RMR000039  \ .. :. .. . ':"' : .....• . .... ·:.:· ...... ~ :···· .·...... .· .·~: . ..... -~· ....... . ':,, : ·~ . ... . .. ) ........ . . .. . .... .....· •...: ..·.-..·................... .. •••.. ·:~ .. .... •... =--'!:.'l.:.• ..... . -.:· -t . ~ · ·· RMR 000040 '• ,. Texas De p a r tment of Cr i mi n a l Justice Brad Livingston Executive Director RECEIV ED November 13, 2009 t'\O ~ 1 8 2.QU9 Leonard Higgins Comptroller's Judiciary Section \5!~ Texas Comptroller of Public Accounts P.O. Box 13528 Austin, Tx. 787 11-3528 RE: Phillips, Steven Charles The files of this Agency have been reviewed on offender Steven Charles Phillips, pursuant to your request. Offender Phillips was received into TDCJ custody on 2-22-1983 from Dallas County on eight-10-year sentences, two- 30-years, and a 40-year sentence, with sentences to run concurrent. Offenses County Cause Number Sentence Sentence Date Date of Offense Sentence Begin Maximum Date Expiration Aggravated 0 3llas F82-82743-NKQ 10-years 6-1t-1984 5- 15-1982 6-4-1982 6-3-1992 Assault Aggravated Dalt as F82-79130-JKQ 10-years 6-1 1-1 984 5-15-1982 6-4-1982 6-3-1 992 Assault Aggravaled Dallas F82· 76748-N KQ 10-years 6-1 1-1984 5-14-1982 6-4-1982 6-3-1992 Assault Aggravated Dallas F82-86990-JKQ JO-years 6-1 1-1984 4·22-1982 6.;1-1982 6-3-1992 Assault Burglary Dallas F82-8705 l-JKQ IO·}'Cars 6-11-1984 5-14-1982 6-4 -1 982 6-3-1992 Habitation Burglary Dallas F82-77699-QKQ 10-ycars 6- 11-1984 5-14-1982 6-10-1982 6-9-1992 Habitation Aggravated Oallas F82-86866-NKN KQ JO-years 6-11- 1984 5-14-1?82 6-4-1982 (6-3-1992) Raoe OC>-27-08 oer CCA mandate) Indec ency Oallas 1782-79140-JKQ 10-yca rs 6-11-1984 5-15-1982 6-10-1982 ( 6-9-1992) W/Child 110-27--08 ner CCA i\landatel Burglary Oallas F82-77 l61-NKM JO-years 8-27-1982 5-14-1982 6-10-1982 Habitation (10-27-08 oer CCA Mandate) Aggravated Se:tual Abuse Dallas F82-77162-NKMKQ JO-years 8-24-1983 5-14-1?82 6-4-1983 \ V/DW (10-27-08 per CCA Manda te) Aggravated Sexual Abuse Dallas F82-77700-QKQ 40-ycars 6-11-1984 S-14- 1982 6-4-1982 (10-27-08 per CCA Mandate) Offender Phi llips was released from TDCJ custody on mandatory superv1s1on on 10-23- 1996, and returned to TDCJ custody on 1-7-1998 with j ail credit allowed from 5-14- 1997 due to violation of mandatory supervision, and pursuant to revocation warrant of arrest issued 11-1 8- 1997 by the Parole Division. Offender Phillips was again released from TDCJ custody on 12-28-2007 on mandatory supervision and remained on superv ision until the Court of Appeals issued a mandate on cause numbers F82-86866-NKNKQ, F82-79140-JKQ, F82-77161-NKM, F82-77162-NK.Mld-- ~ 111 Let - {YI,~~) ~'. .' EXPARTE ) IN THE 204th CRIMINAL . ) ) DISTRICT COURT - (_,) ) -.-.. · 0 STEVEN CHARLES PHILLIPS ) DALLAS COUNTY, TEJEAS' ~~ MOTION CLARIFYING JURISDICTION AND PROCEDURAL REMEDY FOR APPLICANT'S WRITS OF HABEAS CORPUS Applicant Steve Charles Phillips files this motion amending his Memorandum of Law in Support of his Application for Writ of Habeas Corpus. Mr. Phillips has ten applications for habeas corpus pending in this Court. These applications were filed on June 20, 2008 and challenge convictions associated with the following case numbers: F82-77162 (aggravated sexual abuse), F82-77700 (aggravated sexual abuse), F82- 79140 (indecency with a child), F82-86866 (aggravated rape), F82-77 699 (burglary of a habitation), F82-79130 (aggravated assault), F82-82743 (aggravated assault), F82-86748 (aggravated assault), F82-86990 (aggravated assault), and F82-8705 l (burglary of a habitation). Each of these ten writs was filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. On July 3, 2008, Mr. Phillips filed an amendment pursuing habeas relief pursuant to Article 11.05 of the Texas Code of Criminal Procedure, Article V, Section 8 and Article I, Section 12 of the Texas Constitution. Mr. Phillips files this motion to clarify the jurisdictional grounds and procedural remedies for each of his applications. For his applications for writ of habeas corpus for the following convictions, Mr. Phillips asserts thatArticle 11.07 is the exclusive remedy: F82-77162, F82- RMR 000045  77700, F82-86-866, and F82-79140. 1 However, for the six remaining applications for writs of habeas corpus pending in this Court (convictions F82-77699, F82-79130, F82-82743, F82- 867 48, F82-86990, and F82-8705 l) Mr. Phillips only seeks habeas relief pursuant to Article 11.05 of the Texas Code of Criminal Procedure, Article V, Section 8 of the Texas Constitution, and Article I, Section 12 of the Texas Constitution. To the extent that Mr. Phillips has previously asserted that Article 11.07 is the proper remedy for the six writs associated with the following convictions: F82-77699, F82-79130, F82- 82743, F82-86748, F82-86990, and F82-87051, he seeks to amend the applications to rely solely on Article 11.05 of the Texas Code of Criminal Procedure, Article V, Section 8 of the Texas · Constitution, and Article I, Section 12 of the Texas Constitution. Respectfully submitted this :1_ day of July, 2008 ~ Bar Card No. 20369600 Sorrels, Udashen & Anton 2301 Cedar Springs Road, Suite 400 Dallas, Texas 75201 (214) 468-8100 Fax (214) 468-8104 Jason Kreag Barry Scheck Innocence Project, Inc. 100 Fifth Avenue, 3rd Floor New York, NY 10011 (212) 364-5340 Fax (212) 364-5341 Attorneys for Mr. Phillips 1 Mr. Phillips also has an application for writ of habeas corpus pending in the 194th Judicial District Court concerning his conviction in case number F82-7716 l. Mr. Phillips continues to seek relief from that conviction under art. 11.07. RMR 000046  CERTIFICATE OF SERVICE On this!]_ day of July, 2008, a true and correct copy of Applicant Steven Charles Phillips' Motion Clarifying Jurisdiction and Procedural Remedy for Applicant's Writs of Habeas Corpus was delivered to the District Attorney of Dallas County, Texas. R~ RMR 000047  WIUT NO. WX0890028-Q 1 EXPARTE § IN THE 204tb JUDICIAL § DISTRICT COURT STEVEN CHARLES PHILLIPS § DALLAS COUNTY, TEXAS ORDER GRANTING RELIEF The Court, having considered the allegations contained in Applicant's Application for Writ ofHabeas Corpus 2, Applicant's Memorandum ofLaw in Support ofHis Application for Writ of Habeas Corp_us, the State's Response, and official court records in the above numbered and entitled cause, makes the following findings of fact and conclusions oflaw: HISTORY OF THE CASE On June 11, 1984, Applicant pled guilty to the offense of aggravated assault with a deadly weapon. 'P\irsuan( to a plea oilrgain, Applicant was sentenced to ten years' confinement in the Texas Department of Criminal Justice, Institutional Division; Applicant did not appeal this conviction. Applicant discharged this sentence onJune 3, 1992. See ··.·-~\"' State's Exhibit A. ISSUES RAISEDJN APPLICATION In the instant writ application, Applicant contends that: (1) newly discovered evidenc;e I The qriginal case number for this writ was W82-86990-Q(B} The writ was refiled tlllderthe above case munber, wX0890028-Q, by order of this Court, at the request of the parties. The writ seeks relief pursuant to Article I, Section 12 and Article 5, Section 8 of the Texas Constitution and Article 11.05 of the Texas Code of Criminal Procedure. 2 The Court has also considered each of Applicant's ten additional applications for writs of habeas RMR 000048  establishes that he is actually innocent of the offense of which he was convicted; and (2) the State failed to disclose statements material to guilt in violation of his due process rights. JUIUSDICTlON Jurisdiction is proper under Article 11.05. Applicant is not confined on this conviction as he discharged his sentence approximately sixteen years ago, and he is not facing other collateral consequences. SPECIFIC FINDINGS OF FACT AND CONCLUSIONS OF LAW FINDINGS OF FACT The Court makes the-following findings of fact. 1. On April 22, 1982, at approximately 8: 10 p.m., a man in a hooded, gray sweatshirt, who was carrying a handgun and holding a piece of clothe over his face, walked into the laundry factilty at an apartment complex and sexually assaulted Lani B. See Applicant's Exhibit 25. (At some poillt after the assault, but before Applicant's trials, Lani B. changed her name to Lani T) 2. The assault was one of a string of similar sexual assaults that occurred in the Dallas area in the spring of 1982 that were committed by a single individual. 3., Applicant was indi~:ted for el.even qffenses in the Dallas area crime spree. Ten of these offenses 9ccurred over a two-day period on May 14 and 15, 1982, and one .~occurred on-April 22, 1982. The assault on April22, 1982, is the subject of this writ. 'i;~'· .... "c./i'r~~i?;}f,£fmtwas .also indicted for a sexual assault that occurred in February of 1982. <·Jhat Applicant's ground for relief sholJld_be granted ./ ,2008 - ·:·:...., ·arg~--0 204ru JUDICIAL DISTRICT COURT 7 - RMR 000054  WRIT NO. WX0890024-Q 1 EXPARTE § IN THE 204th JUDICIAL § DISTRICT COURT STEVEN CHARLES PHILLIPS § DAL~ASCOUNTY,TEXAS ORDER GRANTING RELIEF i i The Co~rt, having considered the allegations contained V1Applicant's1?-pplication for i ' Writ ofHabea~ Corpus 2, Applicant's Memorandum ofLaw in Support ofHis Applicationfor I Writ of Habefs Corpus, the. State's Response, and official! court records in the above. ' . - numbered .· and:entitled cause, ; makes the following findings of: fact and conclusions ' oflaw::..: ' HISTORY OF THE CASE On June 11, 1984, Applicant pled guilty to the offense of burglary of a habitation. - ! . . ! Pursuant to a ~lea bargain, Applicant wllil sentenced to ten ye~rs' confinemerif in the T:xas Department of Criminal Justice, Institutional Division. Aipplicant did not appeal this .. :\;·i;l:~<~0~~x~· . -.-1 . ..... ·· . · 1 conviction. Applicant discharged -. this :·~ sentence on June 19, 1~92. See State''~Jtxhibit°fi" .! .. ISSUES RAISED IN APPLICATION j ·. -.. · .. · · -- . · 1 • ,•'i·,:. •.•'S'!cc· ·, , • • .. • •• • ··:-1n the iifstant writ application,Appli~antcontends that:-6) newly disco¥ered.eviden,ce.,...;~j;!~(; l .···~(·;·$~~~:.. . ' . . . e>stablishes that he is actually innit 35. 18.After linking Goodyear's DNA to the rape of Mary B., the State gathered the following infonnation about Goodyear: Goodyear committed a string of sexual . assaults throughout the country in the 1960s, 1970s, and 1980s and was wanted by mar1y local jurisdictions and the Federal Bureau ofinvestigations; Goodyear's crimes in other jurisdictions were nearly identical to the marmer and means used in the Dallas area crime spree; Goodyear was an initial suspect in the Dallas crime spree; Goodyear owned a car and handgun that were consistent with the car ar1''~~~§.,eonnie P. and the info1mation that the police knew that Connie P. misidentified · .. - · .. ··':Applicant as her assailant was not disclm;ed to Applicant or hi!) attorney until after he was found guilty at two trials and ·after he pied guilty to nine additional charges . related to the Dallas crime spree. .. 28. The Court concludes that the evidence identified in paragraphs 25-27 constitutes material, exculpatory evidence which should have been disclosed to Applicant. The Court Tmds that there is a reasonable probability that there would have been a different outcome at Applicant's trials and that he would not have pied guilty to tlle remaining charges had the favorable evidence been disclosed by the State. 29. The Court concludes that the State and Applicant agree that Applicant is entitled to relief based on the State's failure to disclose the favorable evidence identified in paragraphs 25-27. 6 RMR 000088 30. The Court agrees and concludes that relief should be granted and the conviction set aside under the authority of Brady v. Maryland, 373 U.S. 83 (1963). ORDERS OF THE COURT The Court ORDERS the following: l. Applicant's writ of habeas corpus is granted pursuant to Article 11.05 of the Texas Code of Criminal Procedure. 2. Applicant's conviction is vacated based on a showing that he is actually innocent of the crime pursuan_t to Ex parte Elizondo, 947 S.W. 2d 202 (Tex. Crim. App. 1996). 3. -·....Independently,·-· Applicant's conviction is vacated based on the State's ;.-. ... failure to disclose material, exculpatory evidence as is required by Brady v. Maryland, 373 U.S. 83 (1967). 4. The CLERK is instructed to forward a copy of this ORDER to Applicant's counsel and to counsel for the State. ...: .:' 7 • RMR 000089  ::.:u. CHlLD SUPPORT ENFORCEMENT TRANSMITTAL #2 ·SUBSEQUENT ACTIONS PP,tflionor • IV-Dease: [ ] TANF [ J IV-E FOSTER CARE [ J MEDICAID ONLY R!l8pondenl [ J FOAM EA ASSISTANCE [ ] NEVER ASSISTANCE Steven ?hi \Ii ~s Non-IV-0 Case: [ J FILE STAMP To: (Agency Name and Alt.!ress) Leona.rd.. l.Ji j~'ns Responding FIPS Code State Aeopot1dlng IV·D Case No. - - - - -- - - -- - - -- - - ( 51 ~) 03l, ..- b I gtf- Responding Tribunal No. From: (Conract Person, Jllg11ncy, Address, Phone, Fax, E-mali) Initiating FIPS Code Slats Lt) f- 1si-.e,.- 00 'E - P.:e«'-) Vl \~. Initiating IV·O Casa No. Initiating Tribunal No. Send Payments To: (if different from above) Payment FIPS Co•. Date PeIBOn Completing Form (Print or Type) Telephone Nurnber & ExteMlon E-mail:------------------- Child Support Enforcerrent Transmittal #2 - Subsequent Actions Retum this Page to the 1nitiating Juri$diction OCSE • F\802 12104 2 of~· RMR 000093 Page 1 OJ L. ARKANSAS Cl:ULD SUFJ>QRT TRACKJNG SYSn:M PAnIBNT HISTORY REPORT FROM : 07/()Ul 997 TO : 10/1012002 Case ID: Payor ID: Name: PHILLIPS C STEVEN Doc:ket Numbt:r Payee ID: Name: MACUMBER S CHERI NO of Other Cases Payor s Present: I __ ____,___,_ ~ .. ---·· -----·-·· ...... .. ... ~-----..--_...,.~.....,..,...-....--------,,..--·--~-. ----~. ~-. ~-.--- DISCLAThiER: PURSUANT TO ARK. CODE ANNO § 9-14-807 CHlLD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE Of CHILD SUPPORT ENFORCEMENT THROUGH ITS STATE DISTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYM E.NT HISTORY. A REQUEST FOR A CERTIFIED PAY lUSTORY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR TifEIR ATIORNEY OF RECORD TO THE STATE DISBURSEMENT UNIT, CERTIFIED PAY HISTORY REQUEST, P. 0. BOX 8128, LITTLE ROCK, AR 72203. UNOFFICIAL COPrES OF CHILD SUPPORT PAYMENT RECORDS MAY BE. AVATLABLE THROUGH TifE LOCAL COURT Cl.ER KS OFflCE. 2/19/20] 0 RMR000094 rage 2 011.. Receipt Type RCT Status LookUp Code Descrlptl1m Code Description 00 Regular collection H Hold 01 Prior Collection I ldr;:utifierl 02 LRS Collection M Manual Distribution 03 State Revenue Collection 0 Out OfBal1mce 04 ESD Collection R Research 0:5 Advance (Undistributed Excess) s SHEF Special Handling 11 Increaw R.egtllar Collection~ x Refund 12 Increase Advanoe 13 Increase E'SD 14 Im.-rease IRS 15 Increase State Revenues 16 Jm:rease Prior Collections 21 Decrease Regular Collections 22 Decreiu;c Advance 23 Decrease ESD 24 Decrease m.s 25 Decrease State Rcvcm1e 26 Decrease Prior Colloorions lndiCJ1.tor LookUp DISB. Hold LookUp Code Des-crlption Code Description AAC Applied To Another C<1se (s) A Address Hold HOL On Hold D Dail}' Disbursement Hold RNN Refunded To NCP [ 6 Month Hold IUN Identified But Undistributed F Future Hold RSC Research, Sfief, Out Of Balance. L Less Than Zero Dollar Ho!d w Welfare Diiroihution Hold p Deceased Hold E Footer Care Hold DISCLAIMER: PURSUANT TO ARK.. CODE ANNO§ 9-14-807 CHfi,D SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE Of CHILD SUPPORT ENFORCEMENT THROUGH ITS ST A TE DISTRIBUTION UNlT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT HISTORY. A REQUEST FOR A CERTIFTED PAY HISTORY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEIRATIORNEY OF RECORD TO THE STATE DISBURSEMENT UNIT, CERTIFIED PAY HISTORY REQUEST, P. 0. BOX 8128, UTILE ROCK, AR 71203. lJNOFFlCIAL COPIES OF CHILD SUPPORT PAYMENT RECORDS MAY BE AVAILABLE THROUGH THE LOCAL COURT CLERKS OFFICE. 2/19/2010 RMR 000095  ;r- !1 .1 ..i~ s iiI u s A N T EXA S C 0 M PT R 0 L L E R n/ P U 8 L IC A C C 0 U NT S ,, :I •' c 0 M B s P.O. Sox 135 2 8 . A U S T IN. TX 78 71 1·352 8 I:_M·-·-..n~ - ---- - February 26, 2010 Dear Mr. Phillips: The Comptroller' s Judiciary Section is in receipt of your claim and supporting documentation submitted on January 12, 2010, requesting wrongful imprisonment compensation. The claim has been approved for the following amount and pursuant to Section 103.15 l (a), Texas Civil Practice and Remedies Code, the payment will be mailed within 30 days of the date of this letter. Lump-sum payment: $806,666.67 In addition. as compensation for child support payments under Section 103.052(a)(2), Texas Civil Practice and Remedies Code, a lump-sum payment will be paid on your behalf to the Texas Attorney General's Office for payment to the Oklahoma disbursement unit. This payment will be made within 30 days of the date of this letter in accordance with Section 103.151(a), Texas Civil Practice and Remedies Code. The Comptroller will give you notice of the payment amount. If you have any questions or need additional information, please contact the Comptroller's Judiciary Section by e-mail at leonard.higgins @cpa.state.tx.us or by phone at 1-800-53 1-5441, extension 6- 6 100. -t 1-t-;r:- Leo d Higgins Comptroller's Judiciary Section RMR 000096  HECEtVED Vt/\1 05 2.0\G p>""<} ~RV ;UD1v2h · May3, 2010 State of Texas Comptroller Judiciary Section Attn: Leonard Higgins P.O. Box 13528 Austin, TX 78711-3528 Re: Steven Charles Phillips SSN: To Whom it may Concern, This document is my effort to detail the events and a time period that have created a child support payment that is severely in a state of arrears, and owed by the state of Texas. Beginning with the years o - a n d . , two children were born to Steven and myself. (see two attached documents) Our marriage ended in 1978 (see the attached divorce decree). Our second child was born i n out of wedlock. The divorce decree acknowledges one child for a child support order, Here, I must acknowledge and point out that there is no child support order for the second child. Steven and I were not at odds with each other prior to his incarceration, so he just paid to me cash that I might need. We had no reason to believe that he would soon be in prison for the rest of the chiIds young life. When the children were ages 6 and 3, their father, Steven Charles Phillips was wrongfully incarcerated for twenty-six years in the state of Texas. He was found innocent due to DNA testing and released in late 2008. During that time, both the state of Texas and the state of Arkansas, in reference to child support, were unable to assist with child support for prisoners. However, child support cases were opened with the Child Support Enforcement Unit of Arkansas for both children. A total of $220 was paid in 1997 on one case. (see attached payment history documents) This amount will show as a deduction within my calculations as to what is due. Once the children became 18, I had given up hope. The children wondered if the nightmare would be over and their father would ever be free. Please, keep in mind this incarceration covers a span of 26 long years. So, I did not keep receipts, medical bill receipts, dental bills, pharmacy bills, health insurance costs, education, etc. I did not keep the child support cases open, I did not petition the courts to increase child support order to keep up with the changing 1 RMR000097 economy (there wasn't any child support). Furthermore, and definately the most frustrating issue of all is that I did not have an order of child support set up before Steven became entangled in the terrible web of the Texas prison system. Both our hands were tied. Thank God he never gave up on proving his innocence. My sincere effort has been put into arriving at a reasonable amount owed, and that it reflects a. modest amount owed to these children by the state of Texas, accruing during the period of tme that their father was wrongfully imprisoned. Originally, I had attempted to arrive at a total by multiplying a dollar amount to} each child. now realize that the most common way to come to a more suitable amount is to look at the amount paid each month for two children. I have looked at child support charts that go back as far as 1990. I realize that the child support for~ates that only $100 per month was ordered to be paid. Steven was in the milit~ years old, and I thought $100 a month was a lot of money. So, what I have done is this, I begin with the year 1982 and end with the year 1997. 1997 being the year that ·the second child turned 18. Every third year I increase the amount of child support, as I would have done had I had the opportunity to go before a judge and ask for an alteration in the payment because of Steven's increased eamings, cost of living adjustments, etc. 1982-1985 is 3 years 36 months @ $500 per month = $18,000 (two children) 1985-1988 is 3 years 36 months @ $650 per month = $23,400 (two children) 1988-1992 is 3 years 36 months @ $800 per month = $28,800 (two children) · 1992-1994 is 2 years 24 months @ $900 per month = $21,600 (two children) 1994-1997 is 3 years 36 months @ $575 per month = $20.700 (one child) $ 112,500 sub- total 1997 payments made total $220 - 220 $112,280 total due As I stated earlier, I did not keep 15 years worth of receipts or bills, etc. but one could etimate t hat over that period of time one could expect to spend approximately $8,000 per child on health care, dental and orthodontia. At last, that brings the final total to $128,280. My greatest hope is that you will not hesitate. This money is for two very special young adults who did not deserve to be so wronfully deprived of the financial and emotional support of their father. These children are still "counting on me" to " see it through", and I am counting on you to take positive action with this letter and the attached documents. 2 RMR 000098 ., I ' ~ Please, feel free to contact me at any time. cz:-;o i;_'Jlf~~~ Su~ac~mber Cheryl 3 RMR000099 Page I v. L ARKANSAS C HI LD SUPPORT T RACKING SYSTEM PAYMENT HISTORY REPORT FROM : 01101/1976 TO: 11/23/2009 Case ID: Payor ID: Name: ~ILLIPS c STEVW Docket Number: Payee ID: Name: MACUMBER S CHERI NO of Other 1 Collection before 0810111997 Receipt Number Receipt Date Receipt Type Receipt Amount Check NO 03/ 1411997 0025 0077 03/ 1211997 00 t i / ,1811997 0003 0016 04/16/1997 00 "!..!: / DISCLAIMER: PURSUANT TO ARK. CODE ANNO§ 9-14-807 CHILD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE OF CHILD SUPPORT ENFORCEMENT THROUGH ITS ST ATE DJSTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT HI STORY. A REQUEST FOR A CERTIFIED PAY HISTORY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEfR ATTORNEY OF RECORD TO THE STATE DISBURSEMENT UNIT, CERTIFIED PAY HISTORY REQUEST, P. 0 . BOX 8128, LITTLE ROCK, AR 72203. UNOFFICIAL COPIES OF CHILD SUPPORTPAYMENT RECORDS MAYBE AVAILABLE THROUGH THE LOCAL COURT CLERKS OfFICE. 11 /23/2009 RMR OOOlOO Page 2 (_,, ~ Receipt Type RCT Status Look Up Code Description Code Description 00 Regular collection H Hold 01 Prior Collection I Identified 02 IRS Collection M Manual Distribution 03 State Revenue Collection 0 Out Of Balance 04 ESD Collection R Research 05 Advance (Undistributed Excess) s SHEF Special Handling 11 Increase Regular Collections x Refund 12 Increase Advance 13 Increase ESD 14 Increase IRS 15 Increase State Revenues 16 Increase Prior Collections 21 Decrease Regular Collections ·3· Decrease Advance ·L Decrease ESD 24 Decrease IRS 25 Decrease State Revenue 26 Decrease Prior Collections Indicator Look Up DISB. Hold LookUp Code Description Code Description AAC Applied To Another Case (s) A Address Hold HOL On Hold D Daily Disbursement Hold RNN Refunded To NCP I 6 Month Hold !UN Identified But Undistributed F Future Hold RSC Research , Shef, Out Of Balance L Less Than Zero Dollar Hold w Welfare Distribution Hold p Deceased Hold E Foster Care Hold DISCLAIMER: PURSUANT TO ARK. CODE ANNO§ 9-14-807 CHILD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE OF CHILD SUPPORT ENFORCEMENT THROUGH ITS STATE DISTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT HISTORY. A REQUEST FOR A CERTIFIED PAY HISTORY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEIR ATTORNEY OF RECORD TO THE STATE DISBURSEMENT UNIT, CERTIFIED PAY HISTORY REQUEST, P. 0. BOX 8128, LITTLE ROCK, AR 72203. UNOFFICIAL COPIES OF CHILD SUPPORT PAYMENT RECORDS MAY BE AVAILABLE THROUGH THE LOCAL COURT CLERKS OFFICE. ] 112312009 RMR 000101 Page I \,~ L ARKANSAS CIULD SUPPORT TRACKING SYSTEM PAYMENT HISTORY REPORT FROM : 07121/1979 T O : 11123/2009 --·---~ Case ID: Payor ID: Name: PHILLIPS C STEVEN Docket Number: Payee ID: Name: MACUMBER S CHERI NO of Other - - - - -------- -- DISCLAIM ER: PURSUANT TO ARK. CODE ANNO § 9-14-807 CHILD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE OF CHILD SUPPORT ENFORCEMENT THROUGH ITS STATE DISTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT HISTORY. A REQUEST FOR A CERTJFIED PAY HISTORY MUST BE JN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEIR ATTORNEY OF RECORD TO THE STA TE DISBURSEMENT UNIT, CERTIFIED PAY HISTORY REQUEST, P. 0. BOX 8I28, UTILE ROCK, AR 72203. UNOFFICIAL COPIES OF CHILD SUPPORT PAYMENT RECORDS MAY BE AVA ILABLE THROUGH THE LOCAL COURT CLERKS OFFICE. 1112312009 RMR000102 Page 2 or L --..----···-------· Receipt Type HCT Status LookUp Code Description Code Description 00 Regular collection H Hold 01 Prior Collection I ldentified 02 IRS Collection M Manual Distribution 03 State Revenue Collection 0 Out Of Balance 04 ESD Collection R Research 05 Advance (Undistributed Excess) s SHEF Special Handling 11 Increase Regular Collections x Refund 12 Increase Advance 13 Increase ESD 14 Increase IRS 15 Increase State Revenues 16 Increase Prior Collections 1 Decrease Regular Collections Decrease Advance Decrease ESD 24 Decrease IRS 25 Decrease State Revenue 26 Decrease Prior Collections Indicator LookUp DISB. Hold LookUp Code Description Code Description AAC Applied To Another Case (s) A Address Hold HOL On Hold D Daily Disbursement Hold RNN Refunded To NCP I 6 Month Hold !UN Identified But Undistributed F Future Hold RSC Research , Shef, Out Of Balance L Less Than Zero Dollar Hold w Welfare Distribution Hold p Deceased Hold E Foster Care Hold DISCLAIMER: PURSUANT TO ARK. CODE ANNO § 9-14-807 CHILD SUPPORT PAYMENT RECORD ISSUED BY THE OFFICE OF CHILD SUPPORT ENFORCEMENT THROUGH ITS ST ATE DISTRIBUTION UNIT SHALL BE CONSIDERED THE OFFICIAL PUBLIC RECORD OF THE CHILD SUPPORT PAYMENT HISTORY. A REQUEST FOR A CERTIFIED PAY HISTORY MUST BE IN WRITING FROM THE CUSTODIAN, NON-CUSTODIAL PARENT OR THEIR ATTORNEY OF RECORD TO THE STATE DISBURSEMENT UNIT, CERTJFlED PAY HISTORY REQUEST, P. 0. BOX 8128, LITTLE ROCK, AR 72203. UNOFFICIAL COPIES OF CHILD SUPPORT PAYMENT RECORDS MAY BE AVAILABLE THROUGH THE LOCAL COURT CLERKS OFFICE. 1112312009 RMR 000103 RMR 000104 This is a legal document. Signing this legal document gives you certain rights and responsibilities. Signing this document is voluntary. You should consult an attorney if you have concerns about signing this legal document. If you are not sure that the man named in this Acknowledgment is the biological father of the child, you should not sign this document. You may want to get a genetic test. The biological father who signs this Acknowledgment becomes the legal father of the child when this document is filed with the Department of State Health Services, Texas Vital Statistics. This document requires an Entity Code completed in the lower right corner by an individual certified by the Office of the Attorney General to administer Acknowledgments of Paternity. Benefits, Rights, And Responsibilities Of Paternity Establishing parentage makes it easier for a child to receive benefits such as social security, military and veteran's benefits, health care coverage and life insurance, as well as inheritance. Both parents have parental rights and duties as provided by state law. Either parent has the right to seek p1imary custody of the child. A parent not living with the child may have the right to visit and maintain a relationship with the child, either as both parents agree or as ordered by a court. This Acknowledgment has the same effect as a court order establishing paternity. By signing this Acknowledgment, you may be ordered to pay child support and medical support. This document may be completed before the birth of the child, at the time of birth, or at any time after the birth of the child. If this document is signed before the birth of the child, it is binding for any child born no later than 300 days after the signature date on this document. When this Acknowledgment is properly filed with Texas Vital Statistics, it creates a parent-child relationship between the man and child. Establishment of paternity is required for a father's name to be entered on a birth certificate. Child support services can be obtained through the Office of the Attorney General, Child Support Division or by hiring an attorney. Denial Of Paternity If a child's mother is married to a man other than the biological father at the time of birth or within 300 days of the ending of the marriage, the (ex) husband is presumed to be the legal father. To complete this document for a child that has a presumed father, the presumed father must deny paternity by completing the Denial of Paternity section. The mother must agree that the presumed father is not the biological father by also signing the denial section. The acknowledgment section must also be completed by the biological father and mother, or the denial will not be accepted. Upon the filing of this document, the presumed father is legally determined not to be the father of the child. His legal duty to support the child is removed. Likewise, his legal right of custody or visitation with the child is terminated. Change Of Mind If any party to this document changes his/her mind about acknowledging or denying paternity, he/she may file a suit to rescind this document. This has to be done within sixty (60) days after this legal document is filed with Texas Vital Statistics or before the first hearing date in a proceeding involving the child, including child support, whichever occurs firsl. After si..xty (60) days, or first hearing date, a lawsuit is required to challenge this document. Fraud, duress, or material mistake of fact in signing this form must be proven during the lawsuit. The suit must be brought within four (4) years of the file date of this document. If A Party Is A Minor If a party to this document is a minor on the date the document is signed, the lawsuit required to challenge the document must be filed within four (4) years of the date the party became an adult All parties must receive oral notice of the above information before completing this Acknowledgment. You can receive oral notice of the information by calling 1-866-255-2006 and selecting option 1, "Notice of Rights and Responsibilities of a Parent." If you have questions, you may call the Paternity Opportunity Program at 1-866-255-2006. RMR 000105 • STATE OF TEXAS ACKNOWLEDGMENT OF PATERNITY This ts a legal document. Type or Print in black Ink. Parents are to be given a copy of th is completed document. • We declare under penalty of perjury that Steven Charles Phillips -==0~ io~lo~~ic~a~IF~ ·~~ha'>-:-~r.~-.1~~~-=:.::::,~ 11i~d<~lle~~~~~~-+b~S1=~=,.~ ~"'--~~~~~~ is the biological father of bo Arkansas c:icy to Chervl Sue Pltilli s Molhc.t'S firs.1 middle fa'l.lttamc We further declare under penalty of perjury that: • We have been given wTitten and om! notice of: the benefi ts of having paternity established; the availability of paternity establishment and child support services; and the legal consequences of, the rights and responsib ilities of, and the alternative to signing this Acknowledgment. • No other Acknowledgment of Paternity form naming another man as the biological father of this child has been .filed. • There is no court order naming another man as tb.e biological father oftbis child. • A genetic t.est hes not determined that another man is the biological father of this child. Fill one circle by the correct statement from EACH oftbc following: © Tn~'TC h!!.n2! been genetic testing of the man listed 0 Genetic testing has determined that the man listo.'Cl above is the a hove to detcmJine if he is the biological father of this child. 0 r biological father of this chi ld. © The mother was not mnrried to someone other than tht: O The mother ID!1 mnrried to someone other than the biological biological fotho.f at the time of the child's birth or within father at the time of the child's birth or during the 300 days 300 days prior to the child's date of birth, or there is n court or before the child's birth or during the first two ycurs 1)r ihc child's order that states that the man the mother wns married 10 is life, a man continuously Jived with the child and represented the not the father of the child, and during the first two yearn of child as h is own; and that man has completed the Denial of the child's life, no man wntinuously lived with the child Paternity below or has a Denial of Paternity filed with the Vital and represented the child ns his own. StAtistic.• Unit. ~ C?, Mi:t,,i_, O ~I CY 16 £ -3-JO Full Signature of Biologicallf<'illcr dote elate *'* '\' ** "** *"" • *'* .... '** • ** *** ** • ** ••• ** * '** *** ** * *1t "'** *• * *• *** '** .,..1' "''** ** * ""* .... *•* ...... * ** *** 11( 'fir Denial of Paternity (only rcqoircd if •mother:!!'.!!! 1n>tricd to someone oohcr than the biological fodocr or if, during the f binh sociol security n1~ Presumed l'mher'• addre.<.'; city State Y.ip code • • Tc.xas Ckp~rtmc:nl of State Hcal1h Scrviccs Vital Sta1is1ks Uoil VS· IS?.I M Revised 9/2005 RMR000106 Este es un documento legal. Finnar este documento legal le otorga ciertos derechos y responsabilidades. Firmar este documento es voluntario. Debe consultar un abogado si tiene preocupaciones sobre la firma de este documento legal. Si no tiene la seguridad de que el hombre que se menciona en este Rcconocimiento es el papa biol6gico del nifio*, no debe firmar este documento. Usted quizas desee pedir una prueba genetica. El papa biol6gico que firma este Reconocimiento se convierte en el papa legal del nifio cuando se presenta este documento ante la Oficina de Estadisticas Vitales de Texas del Departamento Estatal de Servicios de Salud (Department of State Health Services, Texas Vital Statistics). Este documento requiere que una persona certificada por la Procuraduria General para administrar el Reconocimiento de Paternidad escriba un C6digo de Entidad en el !ado derecho al pie de la pagina. Beneficios, Derechos y Responsabilidades de la Paternidad El establecer la patemidad facilita que un nifio reciba beneficios tales como Seguro Social, beneficios de las fuerzas armadas y de veteranos, cobertura de seguro medico y seguro de vida, al igual que una herencia. Segun las leyes estatales ambos padres tienen derechos y deberes patemales. Cualquiera de los dos padres tiene derecho a intentar obtener la custodia principal de! nifio. Un padre que no vive con el nifio puede tener derecho a las visitas ya mantener una relaci6n con el niiio, ya sea si los dos padres estiin de acuerdo o si lo ordena la carte. Este reconocimiento tiene el mismo efecto que una orden de la corte que establece la paternidad. Al firmar este Reconocimiento a usted se le puede ordenar que pague manutenci6n de nifios y manutenci6n medica. Se puede llenar este documento antes del nacimiento del nifio, en el momento del nacimiento o en cualquier momenta despues del nacimiento. Si este documento se firma antes del nacimiento de! nifio, queda vigente para cualquier nifio que nazca dentro de un lapso de 300 dfas despues de la fecha en que se firm6. Cuando este Reconocimiento se presenta correctamente ante la Oficina de Estadfsticas Vitales de Texas (Texas Vital Statistics) crea una relaci6n padre e hijo entre el hombre y el niiio. Se requiere el establecimiento de patemidad para que el padre de un nifio aparezca en el acta de nacimiento. Se pueden obtener los servicios de manutenci6n de nifios a traves de la Divisi6n de la Procuraduria General para la Manutenci6n de Ninos o contratando a un abogado. Negaci6n de Paternidad Si la mama de un nifio esta casada con un hombre que no es el papa biol6gico al momento de! nacimiento o se convierte en mama antes de que t:ranscurran 300 dfas de termiriar el matrimonio, se presume que el (ex) esposo es el padre legal. Para llenar este documento para un nifio que tiene un presunto padre, el presunto padre debe negar la paternidad llenando la secci6n de Negaci6n de Patemidad. La mama debe estar de acuerdo en que el presunto padre no es el papa biol6gico firmando tambien la secci6n de negaci6n. La secci6n de reconocimiento tambien debe ser completada por el papa biol6gico y la mama o de lo contrario no se aceptara la negaci6n. Al presentar este documento se determina legalmente que el presunto padre no es el papa del nifio y su deber legal de mantener al nifio termina. Asimismo, su derecho legal de tener custodia o visitas con el niiio desaparece. Cambia de Opinion Si una de las partes de este documento cambia de opinion sobre el reconocimiento o negaci6n de patemidad, el/ella pueda entablar una demanda para rescindir el documento. Esto se tiene que hacer dentro de Los sesenta (60) dfas despues de que este documento legal fue presentado ante la Oficina de Estadisticas Vitales o antes de la primera audiencia en el procedimiento que tiene que ver con el niiio, incluyendo la manutenci6n de nifios: Lo que ocurra primero. Si se cambia de opinion cuando ya pasaron los sesenta (60) dfas o la fecha de la primera audiencia, se debera entablar una demanda para desafiar el documento. Durante la demanda se debera probar fraude, coacci6n o error material de los hechos al firmar el formulario. La demanda se debe entablar dentro de los cuatro (4) afios desde haber presentado el documento. Si una de las partes es menor de edad Si una de las partes a este documento es menor de edad en la fecha en que fue firmado, la fecha requerida para desafiar el documento debe ser antes de que transcurran cuatro (4) afios de que la persona se convirti6 en adulto. Todas las partes deben recibir notificaci6n oral de la informaci6n aquf mencionada antes de llenar el Reconocimiento de Paternidad. Usted puede recibir notificaci6n oral de la informaci6n llamando al 1-866-255-2006 y eligiendo la opci6n l, "A viso de Derechos y Responsabilidades como Padre". Si tiene alguna pregunta puede Hamar al Programa de Oportunidad en la Patemidad al 1-866-255-2006. *Nota del traductor: Para prop6sitos de esta traducci6n el termino "nifio" puede indicar tanto un nifio como una nifia. RMR 000107  I U · J...>J.C.:1..JCOJ.~""t r . J. " J. • !'# ~l : • ,. ~, • .;!:: ;.~ ~~" .. . \:~ (' .:. ,it' ;~t ~: '1~ ~·( . RMR 000109  . PURI OF ROOtl E COUNTY, .l\RKANS/\S .$}:;~- PLAINTI FF DEFENDANT .DECREE OF DIVORCE-·-·-· ···· - - · NOW, on this 2nd day of February, 1978, comes on fo.r h~ar\ll9: tQe · il~P~!! .s tyle~ ; .. "l.·"t:. ,,. .. , .... cause, and same i.s submit t ed upon the ora 1 testimony of.: pJ.a:jn_t,,iffr:;~.~?,.J..~:t~p;~~~;.J~n.;~~·./":;l~ :.':.~,...;.;:ft~:·~·.~):~!·.::.r:~·-:·;· ,..,.:.:;.::<·.~;~.~1~:-~~~~~·· her behalf, the official file , s tatement of counsel and o ther ·mat;t~li:f~9)j,cjkitb;i;rJ bofoco tho ''"'t• from •11 of whi the .defe11di1nt be and he hereby is di recte.d to return ·:~L:~~i~~ee::~oxes: of. her ;.::< <.::}. · :· .~ 1~55?~ <~::',}.~r'.~:;.~· personal items, which she left ~ ·: ...'.·','< ;,:.;··~ ~:: I~~....;,· ... ,,, RMR 000111  REVENUE PROCESSING DIVISION FLAG TP#· c RMR 000112 ., August 12, 20 I 0 Dear Susan Combs, My family and I are in desperate need of your help, encouragement, and advice. Our story is somewhat unbelievable, and it seems that it will be an ongoing nightmare if we do not receive some cooperation from our state governments, and federal if necessary. I pray that you will read this letter with compassion and sincerity, for we no longer know what to do to resolve this dilemma between two state governments, that involves two very innocent children. I will try to make this as simply stated as possible; even though the timeline covers more than three decades: In 1975, I married Steven Charles P~in our hometown of Harrison, Arkansas. I was sixteen years old o. . . . . _ w ben I gave birth to our daughter, We agreed to a divorce in 1978 and a court order was set for child support for Although the marriage was dissolved, our relationship had not ended. I gave birth to Steven's son, n Due to the fact that we were not married at the time, there was no court order for child support for - - I was only nineteen when - w a s born, and I had no idea how important a ~er would be in the legal system of2010. Steven moved to the state of Texas to make a new start, and I remained in Arkansas with the two children. Then, in 1983 Steven was arrested. falsely accused, and ultimately wrongfully imprisoned in the state of Texas until the latter part of 2008. He has been exonerated, he is being monetarily compensated, and his life is moving forward. His story is accessible via the internet. However, what you do not see in the press/news/internet are the two children's stories. As I stated earlier, a child support order was and is in effect f o - b u t I never petitioned the courts for an order fo~ I contacted the state of Texas to see if there was any kind of fund for children of prisoners, to no avail. I opened child support cases with the Department of Child Support Enforcemeot in Arkansas, for both children. There was oothing they couJd do for these children but to wait unti1 he was released. 1 was to stay in touch with their office to keep the children's cases open. I did keep their cases open until they reached the ages of 18, and then I just gave up hope that they would ever see their Father outside of those prison walls. Miraculously he, with the help of DNA testing, the Innocence Project and many others RMR000113 too numerous to mention, was released In speaking with the Office of Child Support Enforcement of Arkansas, I have learned that somewhere around 1998, their office went to a new computerized registry, and due to the fact that both children were over 18, their cases did not get included in the registry. As I understand it, the state of Texas uses the office of the Attorney General to collect and disburse child support payments. Whereas, the state of Arkansas has its own division of Child Support Enforcement and is not under the administration of the Attorney General. So, l have been unsuccessful with Texas and Arkansas at working together to solve this dilemma. I have written to and have spoke with a judiciary member, Leonard Higgins of the comptroller's office for the state of Texas. He states that the state of Texas will not consider paying the child support that is due to these two children without a court order for child support, as well as an actively open case with the Office of Child Support. Keep in mind that these two "children" are no"9an-ears old. Of course there is not an open case! I will go on to say that this Mr. Leonard Higgins with the comptroller's office in Texas, bas been rude, with no empathy or assistance. He even stated that "Ifyou are looking for a source of income, you might get it from Steven, he bas plenty!" This type of response has not been typical of any of the many people that I have spoken to in both Texas and Arkansas, most have been empathetic and willing to do what they can. I have enclosed a copy of the letter that I sent to Mr. Higgins stating the amount that I had calculated to be due to these children. I am not looking for an income. I am now 51 years old and a retired teacher. I am not wealthy but I am very comfortable. I am remarried and I have 4 children andl5 grandchildren. This money from child support/state of Texas is not for me. It is for two children who did without so much and did absolutely nothing to deserve this neglect Along with the shame and humiliation, the teasing, and the loneliness of having to do witlwut their Falher, who was uJtimate1y wrongfully found guilty ofa terribJe crime. Lives are being mended, relationships restored, and now that their Father is on the other side of the bars and razor wire, and in a new light, these children still cannot get a "'break or ray ofjustice"'. I refuse to sue their Father for Child Support. This is an error on the part of the state of T exas. If I work with the State of Arkansas, that is what they do; ..Enforce". As J bring this letter to a close, I pray that what you hold in your hands will not be tossed aside. But that you will look to the list of names to which this letter will be delivered and contact just one that you know and work together to help these children. Will you be the one to help or will you say ..This is someone else's problem''? RMR 000114 Enclosures Cc: President Barack Obama First Lady Michelle Obama Vice President Joe Biden The Honorable George W. Bush Laura Bush The Honorable George H.W. Bush Barbara Bush The Honorable Wm. J. Clinton Sec. of State Hillary Clinton Speaker of the House Nancy Pelosi The Honorable Jimmy Carter Rosalynn Carter Senator Kit Bond (MO) Senator Claire McCaskill (MO) Congressman Roy Blunt (MO) Governor Rick Perry (TIC) Attorney General Greg Abbott (TX) Senator Kay Bailey Hutchison (TX) Senator John Comyn (TX) Congressman John Boozman (AR) Senator Mark Pryor (AR) Senator Blanche Lincoln (AR) Governor Mike Beebe (AR) Bruce Campbell (AR) Representative Kay Hopper (AR) Representative John Burris (AR) Senator Randy Laverty (AR) Senator John Key (AR) RMR 000115 Representative Roy Ragland (AR) Chief Justice Jim Hannah (AR) Justice Don Corbin {AR) Justice Robert Brown (AR) Justice Ron Sheffield (AR) Justice Jim Gunter (AR) Justice Paul Danielson (AR) Justice Elana Wills (AR) Hon. John Putman (AR) Hon. Gary Isbell (AR) Hon. Shawn Womack (AR) Hon. Gordon Webb (AR) U.S. Dept. of Health & Human Services/Admin. For Children & Families Office of Child Support Enforcement: Administrator Dan McDonald (AR) Oprah Winfrey Dr. Phil McGraw RMR 000116  May 3, 2010 State ofTexas Comptroller Judiciary Section Attn: Leonard Higgins P.O. Box 13528 Austin, TX 78711-3528 Re: Steven Chartes Phillips SSN:- To Whom it may Concern, This document Is my effort to detail the events and a time period that have created a child support payment that is severely in a state of arrears, and owed by the state ofTexas. Beginning with the years otlll and - two children were born to Steven and !llvseff. (see two attached documents) Our marriage ended In 1978 (see the attached divorce decree). Our second child was born in , out of wedlock. The divorce decree acknowledges one child for a child support orde Here, I must acknowledge and point out that there Is no child support order for the second child. Steven and I were not at odds with each other prior to his incarceration, so he just paid to me cash that I might need. We had no reason to believe that he would soon be In prison for the rest of the childs young life. When the children were ages 6 and 3, their father, Steven Chartes Phillips wa_s wrongfully incarcerated for twenty-six years in the state of Texas. He was found innocent due to DNA testing and released In late 2008. During that time, both the state of Texas and the state of Arkansas, in reference to child support, were unable to assist with child support for prisoners. However, child support cases were opened with the Child Support Enforcement Unit of Arkansas for both children. A total of $220 was paid In 1997 on one case. (see attached payment history documents) This amount will show as a ~uctlon within my calculations as to what is due. Once the children became 18, I had given up hope. The children wol"!dered if the nightmare would be over and their father would ever be free. Please, keep !" mind this incarceration covers a span of 26 long years. So, I did not keep receipts, medical bill receipts, dental bills, pharmacy bills, health insurance costs, education, etc. I did not keep the child support cases open, I did not petition the courts to increase child support order to keep up with the changing 1 RMR 000117 ,. economy (there wasn't any child support). Furthermore, and definately the most frustrating issue of all ls that I did not have an order of child support set up before Steven became entangled in the terrible web of the Texas prison system. Both our hands were tied. Thank God he never gave up on proving his innocence. My sincere effort has been put Into arriving at a reasonable amount owed. and that it reflects a modest amount owed to these children by the state of Texas, accruing during the period of tme that their father was wrongfully imprisoned. · Originally, I had attempted to arrive at a total by multiplying a dollar amount for each child. I now realize that the most common way to come to a more suitable amount ls to look at the amount paid each month for two children. I have looked at child support charts that go back as far as 1990. I realize that the child support for - a t e s that only $100 per month was ordered to be paid. Steven was In the mil~years old, and I thought $100 a month was a lot of money. So, what I have done is this, I begin with the year 1982 and end with the year 1997. 1997 being the year that the second child turned 18. Every third year I increase the amount of child support, as I would have done had I had the opportunity to go before a judge and ask for an alteration In the payment because of Steven's increased earnings, cost of living adjustments, etc. 1982-1985 is 3 years 36 months @ $500 per month = $18,000 (two children) 1985~1988 is 3 years 36 months @ $650 per month = $23,400 (two children) 1988-1992 Is 3 years 36 months @ $800 per month = $28,800 (two children) 1992-1994 is 2 years 24 months @ $900 per month = $21,600 (two children) 1994-1997 is 3 years 36 months @ $575 per month = $20.700 (one child) $ 112,500 sub- total 1997 payments made total $220 - 220 $112,280 total due As I stated earlier, I did not keep 15 years worth of receipts or bills, etc. but one could etlmate that over that period of time one could expect to spend approximately $8,000 per child on health care, dental and orthodontia·. At last, that brings the final total to $128,280. My greatest hope is that you will not hesitate. This money is for two very special young adults who did not deserve to be so wronfully deprived of the financial and emotional support of their father. These children are still •counting on me• to •see it through•, and I am counting on you to take positive action with this letter and the attached documents. Please, feel free to contact me at any time. 2 RMR 000118 ' I ' Thanking you in Advance, Cheryl Sue Macumber 3 RMR 000119  - '.>' ' ·. , '- . , ~: . >- - '""'. -' "". . ii • 1 I ~"'-;;'... ·~·~· . 2~~.~ .::~::·d_;HO::i -:~5J 1:tJ. f"~i~· c.i· . '· . '-f R I ( 11 .'...:.. - - \RD \. i' ! 1:I . j . j' RMR 000120 IT'~ ···:- ··-~--· ·,\- . N TEXAS COMPT RO LLE R IJ( PUBLIC ACCOUNTS : - - - · ·.. - - · -· -- - - - - -··-· 1 ; ' C 0 ' '\ B S f"'O 9ox 1.35 28 • AuST•>< . TX 78711·.3528 ...~ Y,:JI;.:~~"' . I~·:·:·;:::.::'.;· ' 1Y • ·: ::-:;""";":·--::.-::::::::::::·:::::·:-:·:·;77,·:::·:.. -:-·'.:·::::--:::-.::-:--;·.7.:-:~ ..~::::· :.::-:-· .·:·; -_··:::-:-·::-" ·-·- .. . ....-:::. ·:··:::·:-:-:~:·:~...~ ·:·: ::·:·::··::·.-··:.. :.::.;,- ·:·::::; ..: "'::::.::: 1.'..t~;0::: ; . . .. . · . : _,:. . .# August 23, 2010 Ms. Cheryl Sue Macumber c PY ' . Re: Steven Phillips Wrongful Imprisonment Claim Dear Ms . Macumber: Our office is in receipt of your lelter dated August 12, 20 10, addressed to Ms. Combs. It has bee1l referred to the Judiciary Section for response on behalf of the agency. In your letter, you request assistance with obtnining compensation for child support incurred during the wrongful imprisonment of Mr. Steven Phillips. Under Section l03.052(a)(2), Texas Civil Practice and Remedies Co ievt.. /w Utr"2- /Jrt/4-'??-K,' If ~~F £1-1 C~x /t()Ylf3" r /l/ 0 ~7PI-- ioted of rapo in Dallas, TX and sentenced to 30 years in prison. He was later exonerated on October 1, 2008. As a part ofhls compensation by the Stare ofTexas for those years lost due to no fault of his own, he receives child snpport compensation benefits. 5. On May 22, 2013, Ms. Macumber filed a petition to register the 1978 Arkansas judgment iii Texas. Citation was issued, sen;ed via certified mail and Mr. Phillips do not answer. This Court signed a no-answer default judgment on June 28, 2013. Mr. Phillips now files this Motion for New t rlaL 6. Respondent attaches affidavits to this rn.otion as Exhibits A-B to establish facts not 1:1pparent from the record and incorporates them by reference. C. Service of Citation Was Defective 7. ·If~a comt signs a default judgment against a respondent who was not properly served, the respondent is deprived of due process. See Peralta v. Heights Med. Ctr., Inc., 485 U.S. 80, 86- 87 (198.8); LBL Oil Co. v. Int '/ Power Servs., inc., 777 S.W.2d 390, 390-91(Tex.1989). · 8. Defects in citation are fatal and a no-answer default judgment cannot stand without strict compliance of the rule.s of citation. Primate Consrr.. Inc. v. Silver, 884 S.W.2d 151, 1.52 (Tex. 1994). 9. Texas 'Rule of Civil Procedure 99(b)(l I) requires that the citation contain the address of RMR 000154 08-06- 1 13 14: 54 FROM- Bx Co T-026 P0003/0007 F-029 the court clerk. The citation in this case does not contain the address of the court clerk. This is a futal d ilnle·tautt judgment be overturned and a new trial had. l 0. Texas Rule of Civil Procedure 99(b)(7) requires the citation $how the naines of the par_ti~s. The citation did not correctly name the petitioner. The citation lists the petitioner as Cheri S. Phillips and the petitioner's correct name is Cheryl Maccuruber. D. Mistake or Accident 1L When a respondent does not file an answer because of a mistake or an accident, the court should set aside the default judgment and grant a new trial if the respondent can meet the reqt:iirements of Craddock v. Sunshine Bus Lines, Inc., 133 S.W.2d 124j 126 (Tex. 1939). Craddock requires the respondent to do all of the following: a. Demonstrate that the failute to file an answer was not intentional or the result of conscious indifference, but was a mistake or an accident. Dolgencorp of Tex., Inc. v. Lerma, 288 S.W.3d 922, 925 (Tex. 2009); In re R.R.• 209 S.W.3d 112, 114 (fex. 2006); Estate of Pollack v. McMurrey, 858 S.W.2d 388, 391 (Tex. 1993); Craddock, 133 S.W.2d at 126. b. Set up a. meritorious defense. Dolgencorp, 288 S.W.3d at 927; In re lLR., 209 S.W.3d at 114; Ivy v. Carrell, 407 S.W.2d 212, 214 (Tex. 1966); Craddock~ 133 S.W.2d at 126. Respondent must allege facts that constitute a defense to petitioner's cause of action and must support the allegations with affidavits or other evidence that set up, not prove, a prima :facie defense. Dolgencorp, 288 S.W.3d at 928; Estate ofPollack. 858 S.W.2d at 392; Ivy, 407 S.W.2d at 214. c. Demonstrate that granting a new trial will not cause delay or otherwise injure petitioner. Dolgencorp, 288 S.W.3d at 925; In ~e R.R., 209 S.W.3d at 114-15; Craddock, 133 S.W.2d at 126. 12. The court should grant a new trial because respondent's failure to answer was not intentional, but was accidental. Mr. Phillips received the certified mail from the court clerk but set it aside, never opened it, and it became :mixed up with and lost among other legal paperwork from other cases. Mr. Phillips di~ uot believe that he was being served with a lawsuit. 13. A1so, Mr. Phillips did not have reason to believe he was being sued because he had been in talks with the Attorney General and the Texas Comptroller's Office about his outstanding child support and believed it would be handled through the Attorney General's Office. Jn re R.R.• 209 S.W.3d at 115 (Respondent failed to answer a termination suit because she had been in conract with CPS concerning her child. This negated conscious indifference.). Had Mr. Phllli ps known he was being sued he would have answered and appeared. 14. The court should grant a new trial because respondent has the following meritorious defenses. RMR 000155  08-06-'1 3 14:54 FROM - B~Co T-0 26 P0004/0007 F-029 a. The attorney fees awarded in tWs case are neither necessary nor rensonable. This Court - - - - ----awa:rded1hei>etitimrer..n ltmney OWi' $30,000 in attorney fees, I he record lS void of auy action taken by the petitioner other tJ1an filing a petition for registration and filing a default judgment. This does not support an award that large. b~ Becaw;c Mr. Phillips was wrongfully .incarcerated, this is a case of first impression and precedent of this natlll•e should not be made without full considex"atlon by the Court. c. The Petitioner filed this suit under UlFSA outside of the statute of limitations period. The Petitioner wishes to enforce a child support otder by registering it under UlFSA. UlFSA § l59.604(b) of the Texas Family Code stat.es that the statute of limitations for a petition for arrell!ases by registration of a child support order is the longer of Texas law or the issuing state: 'fhls order was issued by Arkansas, which has a 5-year statute of limitations (see Ark. Rev. S~t. Ann.§ 9-14-236 (2010)), and Texas has a 10-year statute of limitations. Tex:. Fam. Code §i l 57.005(b). The Texas limitati011s period applies. This suit must be filed on or before the child turns 28. · The Arkansas order was issued in 1978 nnd name~~ the child of the maniage. Therefore the latest conceivable date tWs suit 9ould be---~ 2006. This suit was not filed witil 2013. This suit was filed outside the statute of HmU.ations period. Limitation~ is a meritorious defense. 14. the court should grant a new trial because a new trial will not cause delay or otherwise injure petitioner. Respondent is ready for trial and willing to reimburse petitioner for all . reasonable expenses incurred in obtaining the default judgment. E. Prayer IS. Respondent prays this Court set this Motion for a hearing. Respondent further pr-ays that i11 the interest of j ustlce and fairness> the court to grant a new trial. Respectfully Submitted, STICKELS AND ASSOCIATES, P.C. 7/2 Tim Robinson, J.D. SBN 24069040 770 N. Fielder Rd. Arlington, TX 76012 Phone: 817-479-9282 Fax: 817-622-8071 ti..tn.robinson@stickelslaw.com RMR000156 OB-06- 1 13 14: 54 FROM- Bx Co T-02~ P0005/0007 F-029 CERTIFICATE OF SERVICE . I hei·eby certify that a true and correct copy of the foregoillg Motion was served by facsimile to all known counsel record on the -2.!?/- day of~ 2013. ' r-?fo Tim Robinson RMR 000157  OB-06-'13 14:54 FRO M- BxCo T-026 P0006/0007 F-029 'f-~1-t? / ·'·. ~ :) .'· NCP Name:: STEYEN PHILLIPS +-~~--P~1:nrn....-~-f"1:lmwn:-.llT.ll'"'77.m'lJrR . . 0 •. ~ ~!. . ~ ~~·;t. 'e I I ~ '9". 'eY. (° f,/! f . ;Q " ;,.(.: ('\ tf;> IN THB INTEREST OF ; § IN THE 43gTH JU 1§1:.~ay;ocytJrf(ICTION \ 3. This Court has continuingjurlsdic~ion of the children the subject of this suit becaust-ofprior proceedings. ClllLDREN 4. The following chllc;I is the sabj~ct of this suit: Name ·f Sn DOB Birthplace 'i' p - HARRISON, AR No property, other than personal effects, ls owned by any child the subject of this suit. ' PERSONS ENTITLED TO NOTICE 5. The mother of tho child is cikRYL MACUMBER. The ATTORNEY OENBRAL will serve CHERYL. . MACJMBER with this pleading, by an~ through her attomey of record, pursuant to Rule 21a, Texas Rules of Civil Procedur.111. 6. The father of the child is STEYEN PHILLIPS. The AlTO~EY GENERAL will serve STEVEN PHILLIPS with thi8 pleading) by ~nd through his attorney of record, pursuant to Rule 2la, Texas Rules of Civil Procedure. . PRAYER The ATTORNBY GENERAL prays that tho Court grnnt nil relief requested herein. TI1e ATTORNBY _JENERAL'prays for general relief. , ,~ ~ ....... 1 Document scanned as filed. RMR 000158 OB-06- 13 14:54 1 FRO~- BxCo T-026 P0007/0007 F-029 Respectfully submjtted, Greg Abbott Attorney General of Texas Daniel T. Hodge 1 First Assistant Attorney General ~ Randolph V. Gonzalez - SBN: 08131200 - Melissa Ramos Munoz- S:SN: 00786186 Attorney of Record Child Support Division C!ffLD SUPPORT UNIT 0201 J460 NORTHEAST PARKWAY SAN ANTONIO TX 78218 Telephone No. 210-804·6416: Fax No. 2.10-930~3625 · CERTlFICATE OF Sl!;RVlCE l oertify~at true.and correcfcopy of the foregoing has been served on the below listed parties or their representatives su tto te 2 la, T.~xas Rules of Civil Procedure, on the 2911' day of July, 2013. . ~ RANDOLPH V. GONZALEZ ;; Attorney ofRecord Party; Attorney for Party: CHERYL MACVMBBR STEPHEN A SINKlN Sinkin Law Fittn 105 W. Woodlawn Avenue San Antonio, TX 78212 STEVEN PHILLIPS TIM ROBlNSON Stickels and Associates, P.C. 770 N. FieldE:r Rd. Arlington, TX 76012 RMR 000159  S U S A N TEXAS COMPTROLLER oj PUBLIC ACCOUNTS C 0 M B S P.O . Box 13528 • AUSTIN. TX 78711·3528 September 10, 2013 Mr. Steven C. Phillips Dear Mr. Phillips: In 2009, the Comptroller approved your application for wrongful imprisonment compensation filed under Chapter 103 of the Texas Civil Practice and Remedies Code ("the Tim Cole Act"). In addition to compensation for time spent wrongfully imprisoned, the Tim Cole Act also provides compensation to wrongfully imprisoned individuals for child support payments owed by the person on whose imprisonment the claim is based that became due and interest on child support arrearages that accrued during the time served in prison but were not paid. As a part of your 2009 application, you sought compensation for child support owed to Ms..Cheryl Macumb~r. In 2009, the Comptroller was unable to satisfy your claim for Ms. Macumber's child support because the Comptroller did not have sufficient information to detennine the amount owed. In addition, Section 103.052(c) requires that child support payments under the Tim Cole Act be made through the state disbursement unit, and the Arkansas state disbursement unit was unwilling to accept Ms. Macumber's payment because they had no records of child support owed. Now, in light of new information and the registration of the child support order in Texas, which permits the Texas state disbursement unit to distribute the payment to Ms. Macumber, the Comptroller can satisfy your administrative claim and pay to Ms. Macumber, via the Texas state disbursement unit, amounts payable under Section 103.052(a)(2) of the Tim Cole Act. The Comptroller has determined that $18,593.23 is payable under Section i03.052(a)(2) of the Tim Cole Act to Ms. Macumber. The attached spreadsheet details the calculation of this amount. The payment will be paid on your behalf in a Jump-sum payment to the Texas state disbursement unit for distribution to Ms. Macumber. Please be advised that this amount of $18,593.23 in past due child support and interest (which includes all interest that is due) is the proper amount of child support that has been calculated in accordance with appropriate Jaw, and is the only amount that the Comptroller is statutorily authorized to pay. Any other amounts ordered to be paid by you to Ms. Macumber are your obligation to pay or dispute. Pursuant to Section 103 .051(d) of the T im Cole Act, you have 30 days in which you may file an application to cure. If you have any questions or need additional information, please contact the Comptroller's Judiciary Section by e-mail at Jeonard.higgins @cpa.state.tx .us or by phone at 1-800-531 -5441, extension 6-6100. s~ LValdif~t- Compuoller's Judiciary Section cc: Tim Robinson RMR000160  PHILLIPS-MACUMBER-Child Supp Cale (final) monthly EOM Principal EOM EOM EOM support principal that accrues interest interest arrears balance interest accrual balance total NOTES: $100.00 $0.00 $100.00 Payment Due Date• 14th of month $200.00 $0.00 $200.00 $300.00 $0.00 $300.00 $400.00 $0.00 $400.00 $500.00 $0.00 $500.00 $600.00 $0.00 $600.00 $700.00 $0.00 $700.00 $800.00 $0.00 $800.00 $900.00 $0.00 $900.00 $1,000.00 $0.00 $1,000.00 $1,100.00 $0.00 $1,100.00 $1,200.00 $0.00 $1,200.00 $1,300.00 $0.00 $1,300.00 $1,400.00 $0.00 $1,400.00 $1,500.00 $0.00 $1,500.00 $1,600.00 $0.00 $1,600.00 $1,700.00 $0.00 $1,700.00 $1,800.00 $0.00 $1,800.00 $1,900.00 $0.00 $1,900.00 $2,000.00 $0.00 $2,000.00 $2,100.00 $0.00 $2,100.00 $2,200.00 $0.00 $2,200.00 $2,300.00 $0.00 $2,300.00 $2,400.00 $0.00 $2,400.00 $2,500.00 $0.00 $2,500.00 $2,600.00 $0.00 $2,600.00 $2,700.00 $0.00 $2,700.00 $2,800.00 $0.00 $2,800.00 $2,900.00 $0.00 $2,900.00 $3,000.00 $0.00 $3,000.00 $3,100.00 $0.00 $3,100.00 $3,200.00 $0.00 $3,200.00 $3,300.00 so.co $3,300.00 $3,400.00 $0.00 $3,400.00 $3,500.00 $0.00 $3,500.00 $3,600.00 $0.00 $3,600.00 $3,700.00 $0.00 $3,700.00 $3,800.00 $0.00 $3,800.00 $3,900.00 $0.00 $3,900.00 $4,000.00 $0.00 $4,000.00 $4,100.00 $0.00 $4,100.00 $4,200.00 $0.00 $4,200.00 $4,300.00 $0.00 $4,300.00 $4,400.00 $0.00 $4,400.00 $4,500.00 $0.00 $4,500.00 $4,600.00 $0.00 $4,600.00 $4,700.00 $0.00 $4,700.00 $4,800.00 $0.00 $4,800.00 $4,900.00 $0.00 $4,900.00 $5,000.00 $0.00 $5,000.00 $5,100.00 $0.00 $5,100.00 $5,200.00 $0.00 $5,200.00 $5,300.00 $0.00 $5,300.00 $5,400.00 $0.00 $5,400.00 $5,500.00 $0.00 $5,500.00 $5,600.00 $0.00 $5,600.00 $5,700.00 $0.00 $5,700.00 $5,800.00 $0.00 $5,800.00 $5,900.00 $0.00 $5,900.00 $6,000.00 $0.00 $6,000.00 $6,100.00 $0.00 $6,100.00 $6,200.00 $0.00 $6,200.00 $6,300.00 $0.00 $6,300.00 $6,400.00 $0.00 $6,400.00 $6,500.00 $0.00 $6,500.00 $6,600.00 $0.00 $6,600.00 $6,700.00 $0.00 $6,700.00 $6,800.00 $0.00 $6,800.00 $6,900.00 $0.00 $5,900.00 OAG Confldentlal 9/9/2013 Page 1 RMR 000161  PHILLIPS-MACUMBER--Child Supp Cale - (final) $7,000.00 $0.00 $7,000.00 $7,100.00 $0.00 $7,100.00 $7,200.00 $0.00 $7,200.00 $7,300.00 so.oo $7,300.00 $7,400.00 so.oo $7,400.00 $7,500.00 $0.00 $7,500.00 $7,600.00 so.oo $7,600.00 Unless otherwise indicated, $7,700.00 $0.00 $7, 700.00 EOM interest entry for each line $7,800.00 $0.00 $7,800.00 represents interest accruals from $7,900.00 $0.00 $7,900.00 15th of previous month through $8,000.00 $0.00 $8,000.00 date in Column A. $8,100.00 $0.00 $8,100.00 $8,200.00 s100.oo·' $0.00 $8,200.00 $8,300.00 $0.83 $8,300.83 one month's interest on 3/14 accrual $8,400.00 $2.50 $8,402.50 one month's interest on 3/14 and 4/14 $8,500.00 $400.00 $5.00 $8,505.00 etc. $8,600.00 $500.00 $8.33 $8,608.33 $8,700.00 $600.00 $12.50 $8,712.50 $8,800.00 $700.00" $17.50 $8,817.50 $8,900.00 $800.00 $23.33 $8,923.33 $9,000.00 $30.00 $9,030.00 $9,100.00 $37.50 $9,137.50 $9,200.00 $45.83 $9,245.83 $9,300.00 $55.00 $9,355.00 $9,400.00 $65.00 $9,465.00 $9,500.00 $75.83 $9,575.83 $9,600.00 $87.50 $9,687.50 $9,700.00 $1,600.00 $100.00 $9,800.00 $9,800.00 $1,700.00 $113.33 $9,913.33 $9,900.00 $1,800.00 $127.50 $10,027.50 $10,000.00 $1,900.00 $142.50 $10,142.50 $10,100.00 $2.000.00 $158.33 $10,258.33 $10,200.00 $2,100.00 $175.00 $10,375.00 $10,300.00 $2,200.00 $192.50 $10,492.50 $10,400.00 $2,300.00 $210.83 $10,610.83 $10,500.00 $2,400.00 $230.00 $10,730.00 $10,600.00 $2,500.00 $250.00 $10,850.00 $10,700.00 $2,600.00 $270.83 $10,970.83 $10,800.00 $2,700.00 $292.50 $11,092.50 $10,900.00 $2,800.00 $315.00 $11,215.00 $11,000.00 $338.33 $11,338.33 $11,100.00 $362.50 $11,462.50 $11,200.00 $387.50 $11,587.50 $11,300.00 $413.33 $11,713.33 $11,400.00 $440.00 $11,840.00 $11,500.00 $467.50 $11,967.50 $11,600.00 $495.83 $12,095.83 $11,700.00 $525.00 $12,225.00 $11,800.00 $555.00 $12,355.00 $11,900.00 $585.83 $12,485.83 $12,000.00 $617.50 $12,617.50 $12,100.00 $650.00 $12,750.00 $12,200.00 $683.33 $12,883.33 $12,300.00 $717.50 $13,017.50 $12,400.00 $752.50 $13,152.50 $12,500.00 $788.33 $13,288.33 $12,600.00 $825.00 $13,425.00 $12,700.00 $862.50 $13,562.50 $12,800.00 $900.83 $13,700.83 $12,900.00 $940.00 $13,840.00 $13,000.00 $980.00 $13,980.00 $13,100.00 $1,020.83 $14,120.83 $13,200.00 $1,062.50 $14,262.50 $13,300.00 $1,105.00 $14,405.00 $13,400.00 $1,148.33 $14,548.33 $13,500.00 $1,192.50 $14,692.50 $13,600.00 $1,237.50 $14,837.50 $13,700.00 $1,283.33 $14,983.33 $13,800.00 $1,330.00 $15,130.00 OAG COnfldentlal 9/9/2013 Page 2 RMR 000162  PHILLIPS-MACUM8 £11-Chlld Stralur of :Juhli.c J\cnnnde U.Mftl lll'1"fJ9la u, au ,,...._.,NO. 0'18U 0001 901 - 1 1 IMCIOltUU 901 NYJNI Am.ICY• IU-40......l QINll.._LU • STAB ~ 12 9.5 9 69 2 3 ,., D81CTUJt naw P1Vl -....om T9!I DGUM1 tia.a... n ... Ul10e TO TX STATE DISPUISfREJIT UNIT NCPtSTEVEM CHARL!S PHILLIPS ID CP• CltUYL MCUMle:I PO IDlC 65'417 SAfll ANTOMJD, TX 7&265-9417 Special Collections SOU PO Box 659417 San Antonio, TX 78265-9417 RMR 000164  ATTORNEY GENERAL OF TEXAS GREG ABBOTT September 26, 2013 The Honorable Gloria Saldana Via Federal Express Overnight 438 111 Civil District Com1 100 Dolorosa, 211d Floor San Antonio, Texas 78205 Re: Cheri S. Phillips v. Steven C. Phillips, Cause No. 2013CI08709 Dear Judge Saldana: The Comptroller of Public Accounts of the State of Texas ("the Comptroller") hereby advises the Court of a recent action taken by the Comptroller related to the issue of child support and ce11ain arrearnges owed by Steven Phillips to Cheryl Macumber, the parties in the above- referenced lawsuit. On September 10, 2013, the Comptroller granted Mr. Phillips' application for child support payments and interest under the "Tim Cole Act." Tex. Civ. Prac. & Rem. Code § 103.052(a)(2). The Tim Cole Act gives the Comptroller the duty and the concomitant discretion to determine the amount of compensation owed to the applicant for time spent wrongfully imprisoned. Tex. Civ. Prac. & Rem. Code§ 103.051(b). Compensation includes "child support payments owed by the person on whose imprisonment the claim is based that became due and interest on child support arrearages that accrued during the time served in prison but were not paid." Tex. Civ. Prac. & Rem. Code § 103.052(a)(2). Review of the Comptroller's decision is only available by mandamus to the Texas Supreme Court. Tex. Civ. Prac. & Rem. Code§ 103.051(e). The Comptroller determined that Mr. Phillips is entitled to child support compensation in the total amount of $18,593 .23. This sum represents the amount of child support arrearages and interest that accrued during Mr. Phillips' time spent in prison from June 4, 1982 to October 23, 1996 and again from May 14, 1997 to December 28, 2007. Tex. Civ. Prac. & Rem. Code § 103.052(a)(2). To determine the amount owed under section 103.052(a)(2), the Comptroller applied the relevant Arkansas laws that govern child support obligations, arrearages, and interest. Tex. Fam. Code § 159.604. On September 11, 2013, the Comptroller issued a warrant for $18,593.23 to the Texas state disbursement unit, as required by section l 03.052(c) of the Tim Cole Act, to be distributed to Ms. Macumber. Pos·1 OFFICE Box 125'18, AlJ!-iTJN, TEXAS 78711-2548 Tl::L (S12) 1!6)·2100 WEB WWW TEX.ASATTOHNEYGENERAL GOV An ]·,'qua! J·:mployment Opporlm11ty Fmployer l'riuted w1 Necycled Fapc:1 RMR 000165 The Honorable Gloria Saldana 438111 Civil District Court September 26, 2013 Page 2 Counsel for Mr. Phillips and Ms. Macumber made the Comptroller aware of the default judgment in the above:...referenced lawsuit in which Mr. Phillips was ordered to pay $304,861.74 in child support arrearages, including accrued interest, to Ms. Macumber. Because the Comptroller in fulfilling her statutory duty under the Tim Cole Act has determined the amount due for child support obligations, arrearages, and interest, the Comptroller wanted to advise all interested paiiies and the Court that the amount of $18,593.23 has been paid and is the only 8amount the Comptroller is statutorily authorized to pay. The Comptroller is unaware of the precise calculation underlying the default judgment of $304,861.74, other than the unchallenged representation by Ms. Macumber. This amount, if properly due and owing, cannot, as explained above, be recovered under the Tim Cole Act. Accordingly, any amounts ordered to be paid by Mr. Phillips under the Order Registering Judgment under UIFSA on Anears, signed by this Court on June 28, 2013, are solely Mr. Phillips' obligation. For the Court's information, Mr. Phillips' monthly annuity payment for his time spent wrongfully imprisoned is not subject to garnishment. Pursuant to the Order for Turnover Relief, signed by this Court on July 30, 2013, those monthly payments are currently being sent to Tim Robinson, counsel for Mr. Phillips. Respectfully, /' ' V.J 'lt.A/'fn-, fl. ,/~t'rvv·) Erika R. Sams, Assistant Attorney General Financial Litigation, Tax, and Charitable Trusts Division Telephone: 512-475-2952 Facsimile: 512-477-2348 Erika.Sams@texasattorneygeneral.gov CC: Client Steven Sinkin Tim Robinson P 0 ST 0 FF 1CE B 0 X. I ZS CJI ~ • ..,, / _J CLAIMANT'S CERTIFICATION 1._ Steven Phillips ~ , do hereby certify that rhe amount requested is due and payable pursuant to Chapter 103 of the Texas Civil Practice and Remedies Code and I will immediately notify the Comptroller's Judiciary Section in writing of an chan es or conditions which will di uar this ent. Claimant Signature Date ~~~~~ ~~~ e . (J , 10 o ·1 I3 817-408-9777 Address/City/Slate/zip code 6204 Sherbert Drive North Richland Hills, TX 76180 I approve this request for payment and to the best of my knowledge this request for payment is true and correct This payment · JOrnplies w ith Chapter 103 of the Texas Civil Practice and Remedies Code. Approved by· Oate sign i.. here' RMR 000168 08- 2 4 - 2013 2:59 PM 16786 160181 1 8173834 832 Pg 2/9 Texas Department of Criminal Justice Brad Livin9$ton Executive Olrecror September 15, 2009 Steven Charles Phillips RE: Phillips, Steven Charles Dear M!. Stone, The files of this Agency have been reviewed en offender Stever. Charles Phillips, pursuant to your request. Offender Phillips was received into TDCJ custody on 2-22-1983 from Dallas County on eight 10-year sentences, two-30-year sentences, and a 40-year sentence. Offender Phillips is charged with Aggravated Assault (4cts.), Burglary of a Habitation (3cts.), Indecency W/Child, Aggravated Rape, and Aggravated Sexual Abuse (2cts.) by the 2041h and 194th Judicial District Courts, under cause numbers F&Z-82743-NKQ, F82-79130-JKQ, F82-86748-NKQ, F82-6&990-JKQ, F82-77699-QKQ, F82-8705 l-JKQ, F82-79140..JKQ, FS.2-86866-NXNKQ, F82-77700-QKQ, F82-77162-NKMKQ, F82-17161-N.KM. Offender Phllips is charged for offenses occurring on 5-15-1 982, 4-22-1982, and 5-14-1982, with sentencing ·on 6-1 1-1984, 8-24-1983, and 8-27-1 982. Offender Phillips was released from TDCJ custody on 12-28-2007 on mandatory supervision. On I0-27-2008 the Court of Criminal Appeals issued mandates on cause numbers F82-79 140-JKQ, F82-8686 :._. ' RMR 000170 RMR 000171  No. 2013-Cl·08709 - : .... ;;-:--_t· "' Jn the I ntcrest § In th e Di~~_ictG<>.u_r;t:,:~. § ".,I . ' ,.)(°' .~u~,i~i·~\~.isf\:i·~·' :>:~: '~ 0 § 438' § ,, · ·-: " .... ·· . . •• , r; Minor C hild § Bexai-'1Jo'11nt:y~ -fcxis .: ~~ u , .. ..·; : ..~", --::-\ ..· ..\~~ Order Registering Judgment Under UlFSA and on Ar rears .,h -·.. --·"· ,.$ ' . '{-,.... :\. •:-.:·:·~·~59" On June 28, 2013, came on to be heard this case all matters of law and fact were submitted to the Court . The Court finds it has jurisdiction of the parties and the subject matter of this case. All persons entitled to notice were properly noti fied. A record of the arguments and evidence was made. The Court finds that on or about May 30, 2013, Steven Phillips was duly ar:d properly served with process in this cause, that the return has been on fi le for over ten (I 0) days, that Steven Phillips has not answered and has wholly made default. The Court finds that on or about May30, 201 3, Steven Phillips was served via certi fied mail, return receipt requested, and regu lar mail the Noti ce of Application for Judicial Writ of Withholding. A veri fied motion to stay was not fi led within ten days by Steven Phillips. ~/'' IT IS 0 RD ERED that the "Decree of Divorce" issued by the Chancery Court of Boone 2 County, Arkansas on February 7, I 978 and filed in this cause be and is registered and is a final 8 / judgment of this Cou11 under the provisions of the Unifonn Interstate Family Support Act. ~ (:) l IT IS ORDERED that C h eryl Macum ber is granted and rendered an order for child support 3 v arrcarages, including accrue-S~.- ';~r•.x ----=--- November 2 1, 2013 Mr. Tim Robinson Attorney at Law 6204 Sherbert Drive North Richland Hills, Texas 76180 RE: Steven Phillips Wrongful Imprisonment Child Support Claim - Application to Cure Dear Mr. Robinson: The Comptroller has completed the review of the application to cure that you submitted on behalf of your client, Mr. Steven Phillips. The application to cure was submitted on October 11, 2013, pursuant to Section 103.051(d) of the Texas Civil Practice and Remedies Code. See Tex. Civ. Prac. & Rem. Code Ann.§§ 103.001-.154 ("the Tim Cole Act"). After careful consideration of the application to cure, the supporting documentation including the Order Registering Judgment under UIFSA and on Arrears issued by the 438th Judicial District Court of 1 Bexar County on June 28, 2013 and the schedule of child support arrearages, and contemplation of the tenns and provisions of the Tim Cole Act, the Comptroller stands by the determination conveyed in our letter to Mr. Phillips dated September 10, 2013. The Tim Cole Act gives the Comptroller the duty and the concomitant discretion to determine the amount of compensation owed to the applicant for time spent wrongfully imprisoned. 2 Compensation includes "child support payments owed by the person on whose imprisonment the claim is based that became due and interesl on child support arrearages lhat accrued during the time served in prison but were not paid."3 The Comptroller determined that Mr. Phillips is entitled to child support compensation in the total amount of $18,593.23 payable to Ms. Macumber. This sum represents the amount of child support arrearages and interest that accrued during Mr. Phillips's time spent in prison from June 4 4, 1982 to October 23, 1996 and again from May 14. 1997 to December28, 2007. The amount of child support arrearages and interest lhat accrued is based on the Decree of Divorce, signed on February 7, 1978, in Boone County, Arkansas. The Decree of Divorce ordered Mr. ~o - d support to Ms. Macumber for the support of their child- - who was born on o determine the amount owed 1 Please note that the Order Registering Judgment does not address the amount payable under the Tim Cole Act because it is directed to the total amount of child support allegedly owed by Mr. Phillips to Ms. Macumber. 2 See Tex. Civ. Prac. & Rem. Code§ I 03.05 l(b). 3 Tex. Civ. Prac. & Rem. Code § l03.052(aX2). 4 See id. RMR 000187 Mr. Tim Robinson November21, 2013 Page2 under Section 103.052(a)(2) of the Tim Cole Act, the Comptroller applied the relevant Arkansas laws that govern child support obligations, arrearages, and interest. 5 To calculate the amount of child support arrearages and interest that accrned, the Comptroller first determined that: (1) Mr. Phillips'. obli ation to pay current child support payments terminated bg operation of law upon the date should have graduated from high school, May of 1994; (2) none of Mr. Phillips s c i support payments that became due prior to March 7, l 989 accrued interest, and all of Mr. Phillips's child support payments that became due after March 7, 1989 accrued interest at the statutory rate of ten percent (10%) per annum; 7 (3) the ten percent (10%) interest rate in this case should be calculated as simple inter~rest on child support arrearages 9 stopped accruing when - turned 23 on- Based upon these principles and applicable law, the Comptroller determined that Mr. Phillips was entitled to child support compensation in the total amount of $18,593.23 payable to Ms. Macumber. Therefore, on September 11, 2013, the Comptroller issued a warrant for $18,593.23 to the Texas state disbursement unit, as required by Section 103 .052(c) of the Tim Cole Act, to be distributed to Ms. Macumber. The amount of $18,593.23 in past due child support and interest is the proper amount of child support that was calculated in accordance with Arkansas law, and is the only amoW1t that the Comptroller is statutorily authorized to pay. Any other amounts ordered to be paid by Mr. Phillips to Ms. Macumber are his obligation to pay or dispute. Rather than the $ 1.8,593.23 in child support arrearages and interest determined to be payable w1der Section l03.052(a)(2) of the Tim Cole Act, Mr. Phillips's application to cure seeks from the Comptroller child support arrearages and interest totaling over $304,739.57. This $304,739.57 amoW1t appears to be determined based on a chart of alleged child support arrearages and interest submitted by Ms. Macumber to the Bexar County District Court to procure an "Order Registering Judgment under UIFSA on Arrears," signed on June 28, 2013 in Cause No. 2013-CI-08709 in the 438th Judicial District Court of Bexar County. The chart is labeled "Child Support Paymnets [sic] Monthly Principal and Interest - Compounded Monthly." The calculation in this chart is incorrect because: ( 1) it compounds the interest when a simple interest rate is required; (2) it begins interest accrual prior to March 7, 1989, the effective date of Act 383 of Arkansas, 1989 Regular Session, which authorized the accrual of interest on child support arre~t continues to calculate interest accruals beyond birthday on - in contravention of Ark. Code. Ann.§ 9-14-236. s See Tex. Fam. Code § 159.604. 6 See Ark. Code. Ann.§ 9-14-327; Ward v. Doss, '.36 1 Ark.153, Fn. l (2005); Mixon v. Mixon, 65 Ark. App. 240 ( 1999); James v. James, 52 Ark. App. 29 ( l 996). 7 See Ark. Act 383 of 1989, Regular Session; Ark. Code. Ann. § l 6-65-1 14; Chism v. Phelps, 228 Ark. 936. 939 ( 1958). 8 See First Nat'/ Bank in Mena v. Nowlin, 509 F.2d 872, 875-76 (81h Cir. 1975); see also In re SW Boston Norel Venture, LLC, 479 B.R. 2 10, 224-25 (B.A.P. I" Cir. 2012); RFF Family P'ship. LP v. Link Dev., LLC. 2013 WL 450150, *8 (D.Mass. 2013); Grandoe Corp. v. Gander Mountain Co., 2013 WL 3353927, *23 (D. Minn. 2013): Barbosa v. Jastrzab, 2010 WL 2666947, *4-5 (N.D.N.Y. 2010): Imperial Casualty and hulemnity Co.. v. Bellini, 947 A.2d 886, 894-95 (R.I. 2008); Edwards v. Campbell, 369 S.C. 572, 577-79 (2006). 9 See Ark. Code. Ann.§ 9-14-236. RMR000188 Mr. Tim Robinson November 21, 2013 Page 3 Consequently, the Comptroller is unable to approve Mr. Phillips's application to cure, and stands by the determination conveyed in our letter to Mr. Phillips dated September 10, 2013. If you have any questions or need additional information, please contact the Comptroller's Judiciary Section by e-mail at leonard.higgins@cpa.state.tx.us or by phone at 1-800-531-5441, extension 6-6100. Leonard Higgins Comptroller's Judiciary Section RMR 000189  GLENN REGAR TEXAS COMPTROLLER OF PUBLIC ACCOUNTS January 7, 2015 Dear Mr. Phillips: In 2009, the Comptroller approved your application for wrongful imprisonment compensation filed under Chapter 103 of the Texas Civil Practice and Remedies Code ("the Tim Cole Act"). In addition to compensation for time spent wrongfully imprisoned, the Tim Cole Act also provides compensation to wrongfully imprisoned individuals for child support payments owed by the person on whose imprisonment the claim is based that became due and interest on child support arrearages that accrued during the time served in prison but were not paid. As a part of your 2009 application, you sought compensation for child support owed to Ms. Cheryl Macumber. In 2009, the Comptroller was unable to satisfy your claim for Ms. Macumber' s child support because the Comptroller did not have sufficient information to determine the amount owed. In addition, Section 103.052(c) requires that child support payments under the Tim Cole Act be made through the state disbursement unit, and the Arkansas state disbursement unit was unwilling to accept Ms. Macumber's payment because they had no records of child support owed. In 2013, in light of new information and the registration of the child support order in Texas, which permits the Texas state disbursement unit to distribute the payment to Ms. Macumber, the Comptroller determined that $18,593.23 was payable under Section 103.052(a)(2) of the Tim Cole Act to Ms. Macumber. This payment was paid on your behalf in a lump-sum payment to the Texas state disbursement unit for distribution to Ms. Macumber. In determining the $18,593.23 payment amount, the Comptroller included a calculation of simple interest of 10% per annum on all payments that became due after March 7, 1989, based on Arkansas Code section 9-14-233, which became effective on March 7, 1989 and provides that all child support that becomes due and remains unpaid shall accrue 10% interest per annum. Now, after a subsequent review of the relevant law, the Comptroller has determined that an additional payment of interest is appropriate. Arkansas common law and constitution provide for the recovery of 6% simple interest on payments that became due between June 4, 1982 and December 31, 1987, and Arkansas Code section 9-12-309(c), which became effective at midnight December 31, 1987, provides for the recovery of 10% simple interest on payments that became due between January 1, 1988 and January l, 1999. As a result, the Comptroller has determined that a total of $25,125.69 is payable under Section 103.052(a)(2) of the Tim Cole Act to Ms. Comptrol ler. Texas.Gov Mr. Steven C . Phillips January 7, 2015 Page Two Macumber. The attached spreadsheet details the calculation of this amount. Because the Comptroller has already paid $18,593.23, an additional payment of $6,532.46 has been made, for a total payment of $25,125.69. The additional payment of $6,532.46 was paid on your behalf in a lump-sum payment to the Texas state disbursement unit for distribution to Ms. Macumber. Please be advised that the new total of $25,125.69 in past due child support and interest (which includes all interest that is due) is the proper amount of child support that has been calculated in accordance with appropriate law, and is the only amount that the Comptroller is statutorily authorized to pay. Any other amounts ordered to be paid by you to Ms. Macumber are your obligation to pay or dispute. If you have any questions or need additional information, please contact the Comptroller's Judiciary Section by e-mail at leonard.higgins@cpa.state.tx.us or by phone at 1-800-531-5441, extension 6-6100. Leonard Higgins Comptroller's Judiciary Section cc: Matthew F. Wymer Comptrol ler.Texas.Gov RMR 00019 1  Phillips ‐ Macumber ‐ Child Support Calculation monthly EOM EOM EOM EOM  support principal 10% int. 6% int.  arrears total date obligation payment balance balance balance NOTES: 06/04/82 EOM = "end of month" 06/14/82 $100.00 $100.00 $0.00 Payment Due Date = 14th of month 07/14/82 $100.00 $200.00 $0.00 08/14/82 $100.00 $300.00 $0.00 $0.50 $300.50 Unless otherwise indicated, 09/14/82 $100.00 $400.00 $0.00 $1.50 $401.50 EOM interest entry for each line 10/14/82 $100.00 $500.00 $0.00 $3.00 $503.00 represents interest accruals from 11/14/82 $100.00 $600.00 $0.00 $5.00 $605.00 15th of previous month through  12/14/82 $100.00 $700.00 $0.00 $7.50 $707.50 date in first column. 01/14/83 $100.00 $800.00 $0.00 $10.50 $810.50 02/14/83 $100.00 $900.00 $0.00 $14.00 $914.00 03/14/83 $100.00 $1,000.00 $0.00 $18.00 $1,018.00 04/14/83 $100.00 $1,100.00 $0.00 $22.50 $1,122.50 05/14/83 $100.00 $1,200.00 $0.00 $27.50 $1,227.50 06/14/83 $100.00 $1,300.00 $0.00 $33.00 $1,333.00 07/14/83 $100.00 $1,400.00 $0.00 $39.00 $1,439.00 08/14/83 $100.00 $1,500.00 $0.00 $45.50 $1,545.50 09/14/83 $100.00 $1,600.00 $0.00 $52.50 $1,652.50 10/14/83 $100.00 $1,700.00 $0.00 $60.00 $1,760.00 11/14/83 $100.00 $1,800.00 $0.00 $68.00 $1,868.00 12/14/83 $100.00 $1,900.00 $0.00 $76.50 $1,976.50 01/14/84 $100.00 $2,000.00 $0.00 $85.50 $2,085.50 02/14/84 $100.00 $2,100.00 $0.00 $95.00 $2,195.00 03/14/84 $100.00 $2,200.00 $0.00 $105.00 $2,305.00 04/14/84 $100.00 $2,300.00 $0.00 $115.50 $2,415.50 05/14/84 $100.00 $2,400.00 $0.00 $126.50 $2,526.50 06/14/84 $100.00 $2,500.00 $0.00 $138.00 $2,638.00 07/14/84 $100.00 $2,600.00 $0.00 $150.00 $2,750.00 08/14/84 $100.00 $2,700.00 $0.00 $162.50 $2,862.50 09/14/84 $100.00 $2,800.00 $0.00 $175.50 $2,975.50 10/14/84 $100.00 $2,900.00 $0.00 $189.00 $3,089.00 11/14/84 $100.00 $3,000.00 $0.00 $203.00 $3,203.00 12/14/84 $100.00 $3,100.00 $0.00 $217.50 $3,317.50 01/14/85 $100.00 $3,200.00 $0.00 $232.50 $3,432.50 02/14/85 $100.00 $3,300.00 $0.00 $248.00 $3,548.00 03/14/85 $100.00 $3,400.00 $0.00 $264.00 $3,664.00 04/14/85 $100.00 $3,500.00 $0.00 $280.50 $3,780.50 05/14/85 $100.00 $3,600.00 $0.00 $297.50 $3,897.50 06/14/85 $100.00 $3,700.00 $0.00 $315.00 $4,015.00 07/14/85 $100.00 $3,800.00 $0.00 $333.00 $4,133.00 08/14/85 $100.00 $3,900.00 $0.00 $351.50 $4,251.50 09/14/85 $100.00 $4,000.00 $0.00 $370.50 $4,370.50 10/14/85 $100.00 $4,100.00 $0.00 $390.00 $4,490.00 11/14/85 $100.00 $4,200.00 $0.00 $410.00 $4,610.00 12/14/85 $100.00 $4,300.00 $0.00 $430.50 $4,730.50 01/14/86 $100.00 $4,400.00 $0.00 $451.50 $4,851.50 02/14/86 $100.00 $4,500.00 $0.00 $473.00 $4,973.00 03/14/86 $100.00 $4,600.00 $0.00 $495.00 $5,095.00 04/14/86 $100.00 $4,700.00 $0.00 $517.50 $5,217.50 05/14/86 $100.00 $4,800.00 $0.00 $540.50 $5,340.50 06/14/86 $100.00 $4,900.00 $0.00 $564.00 $5,464.00 07/14/86 $100.00 $5,000.00 $0.00 $588.00 $5,588.00 08/14/86 $100.00 $5,100.00 $0.00 $612.50 $5,712.50 09/14/86 $100.00 $5,200.00 $0.00 $637.50 $5,837.50 10/14/86 $100.00 $5,300.00 $0.00 $663.00 $5,963.00 11/14/86 $100.00 $5,400.00 $0.00 $689.00 $6,089.00 12/14/86 $100.00 $5,500.00 $0.00 $715.50 $6,215.50 Page 1 RMR 000192  Phillips ‐ Macumber ‐ Child Support Calculation 01/14/87 $100.00 $5,600.00 $0.00 $742.50 $6,342.50 02/14/87 $100.00 $5,700.00 $0.00 $770.00 $6,470.00 03/14/87 $100.00 $5,800.00 $0.00 $798.00 $6,598.00 04/14/87 $100.00 $5,900.00 $0.00 $826.50 $6,726.50 05/14/87 $100.00 $6,000.00 $0.00 $855.50 $6,855.50 06/14/87 $100.00 $6,100.00 $0.00 $885.00 $6,985.00 07/14/87 $100.00 $6,200.00 $0.00 $915.00 $7,115.00 08/14/87 $100.00 $6,300.00 $0.00 $945.50 $7,245.50 09/14/87 $100.00 $6,400.00 $0.00 $976.50 $7,376.50 10/14/87 $100.00 $6,500.00 $0.00 $1,008.00 $7,508.00 11/14/87 $100.00 $6,600.00 $0.00 $1,040.00 $7,640.00 12/14/87 $100.00 $6,700.00 $0.00 $1,072.50 $7,772.50 01/14/88 $100.00 $6,800.00 $0.00 $1,105.50 $7,905.50 Ark. Code § 9‐12‐309 takes effect 02/14/88 $100.00 $6,900.00 $0.83 $1,138.50 $8,039.33 03/14/88 $100.00 $7,000.00 $2.50 $1,171.50 $8,174.00 04/14/88 $100.00 $7,100.00 $5.00 $1,204.50 $8,309.50 05/14/88 $100.00 $7,200.00 $8.33 $1,237.50 $8,445.83 06/14/88 $100.00 $7,300.00 $12.50 $1,270.50 $8,583.00 07/14/88 $100.00 $7,400.00 $17.50 $1,303.50 $8,721.00 08/14/88 $100.00 $7,500.00 $23.33 $1,336.50 $8,859.83 09/14/88 $100.00 $7,600.00 $30.00 $1,369.50 $8,999.50 10/14/88 $100.00 $7,700.00 $37.50 $1,402.50 $9,140.00 11/14/88 $100.00 $7,800.00 $45.83 $1,435.50 $9,281.33 12/14/88 $100.00 $7,900.00 $55.00 $1,468.50 $9,423.50 01/14/89 $100.00 $8,000.00 $65.00 $1,501.50 $9,566.50 02/14/89 $100.00 $8,100.00 $75.83 $1,534.50 $9,710.33 03/14/89 $100.00 $8,200.00 $11.67 $1,567.50 $9,779.17 04/14/89 $100.00 $8,300.00 $24.17 $1,600.50 $9,924.67 05/14/89 $100.00 $8,400.00 $37.50 $1,633.50 $10,071.00 06/14/89 $100.00 $8,500.00 $51.67 $1,666.50 $10,218.17 07/14/89 $100.00 $8,600.00 $66.67 $1,699.50 $10,366.17 08/14/89 $100.00 $8,700.00 $82.50 $1,732.50 $10,515.00 09/14/89 $100.00 $8,800.00 $99.17 $1,765.50 $10,664.67 10/14/89 $100.00 $8,900.00 $116.67 $1,798.50 $10,815.17 11/14/89 $100.00 $9,000.00 $135.00 $1,831.50 $10,966.50 12/14/89 $100.00 $9,100.00 $154.17 $1,864.50 $11,118.67 01/14/90 $100.00 $9,200.00 $174.17 $1,897.50 $11,271.67 02/14/90 $100.00 $9,300.00 $195.00 $1,930.50 $11,425.50 03/14/90 $100.00 $9,400.00 $216.67 $1,963.50 $11,580.17 04/14/90 $100.00 $9,500.00 $239.17 $1,996.50 $11,735.67 05/14/90 $100.00 $9,600.00 $262.50 $2,029.50 $11,892.00 06/14/90 $100.00 $9,700.00 $286.67 $2,062.50 $12,049.17 07/14/90 $100.00 $9,800.00 $311.67 $2,095.50 $12,207.17 08/14/90 $100.00 $9,900.00 $337.50 $2,128.50 $12,366.00 09/14/90 $100.00 $10,000.00 $364.17 $2,161.50 $12,525.67 10/14/90 $100.00 $10,100.00 $391.67 $2,194.50 $12,686.17 11/14/90 $100.00 $10,200.00 $420.00 $2,227.50 $12,847.50 12/14/90 $100.00 $10,300.00 $449.17 $2,260.50 $13,009.67 01/14/91 $100.00 $10,400.00 $479.17 $2,293.50 $13,172.67 02/14/91 $100.00 $10,500.00 $510.00 $2,326.50 $13,336.50 03/14/91 $100.00 $10,600.00 $541.67 $2,359.50 $13,501.17 04/14/91 $100.00 $10,700.00 $574.17 $2,392.50 $13,666.67 05/14/91 $100.00 $10,800.00 $607.50 $2,425.50 $13,833.00 06/14/91 $100.00 $10,900.00 $641.67 $2,458.50 $14,000.17 07/14/91 $100.00 $11,000.00 $676.67 $2,491.50 $14,168.17 08/14/91 $100.00 $11,100.00 $712.50 $2,524.50 $14,337.00 09/14/91 $100.00 $11,200.00 $749.17 $2,557.50 $14,506.67 10/14/91 $100.00 $11,300.00 $786.67 $2,590.50 $14,677.17 11/14/91 $100.00 $11,400.00 $825.00 $2,623.50 $14,848.50 12/14/91 $100.00 $11,500.00 $864.17 $2,656.50 $15,020.67 Page 2 RMR 000193  Phillips ‐ Macumber ‐ Child Support Calculation 01/14/92 $100.00 $11,600.00 $904.17 $2,689.50 $15,193.67 02/14/92 $100.00 $11,700.00 $945.00 $2,722.50 $15,367.50 03/14/92 $100.00 $11,800.00 $986.67 $2,755.50 $15,542.17 04/14/92 $100.00 $11,900.00 $1,029.17 $2,788.50 $15,717.67 05/14/92 $100.00 $12,000.00 $1,072.50 $2,821.50 $15,894.00 06/14/92 $100.00 $12,100.00 $1,116.67 $2,854.50 $16,071.17 07/14/92 $100.00 $12,200.00 $1,161.67 $2,887.50 $16,249.17 08/14/92 $100.00 $12,300.00 $1,207.50 $2,920.50 $16,428.00 09/14/92 $100.00 $12,400.00 $1,254.17 $2,953.50 $16,607.67 10/14/92 $100.00 $12,500.00 $1,301.67 $2,986.50 $16,788.17 11/14/92 $100.00 $12,600.00 $1,350.00 $3,019.50 $16,969.50 12/14/92 $100.00 $12,700.00 $1,399.17 $3,052.50 $17,151.67 01/14/93 $100.00 $12,800.00 $1,449.17 $3,085.50 $17,334.67 02/14/93 $100.00 $12,900.00 $1,500.00 $3,118.50 $17,518.50 03/14/93 $100.00 $13,000.00 $1,551.67 $3,151.50 $17,703.17 04/14/93 $100.00 $13,100.00 $1,604.17 $3,184.50 $17,888.67 05/14/93 $100.00 $13,200.00 $1,657.50 $3,217.50 $18,075.00 06/14/93 $100.00 $13,300.00 $1,711.67 $3,250.50 $18,262.17 07/14/93 $100.00 $13,400.00 $1,766.67 $3,283.50 $18,450.17 08/14/93 $100.00 $13,500.00 $1,822.50 $3,316.50 $18,639.00 09/14/93 $100.00 $13,600.00 $1,879.17 $3,349.50 $18,828.67 10/14/93 $100.00 $13,700.00 $1,936.67 $3,382.50 $19,019.17 11/14/93 $100.00 $13,800.00 $1,995.00 $3,415.50 $19,210.50 12/14/93 $100.00 $13,900.00 $2,054.17 $3,448.50 $19,402.67 01/14/94 $100.00 $14,000.00 $2,114.17 $3,481.50 $19,595.67 02/14/94 $100.00 $14,100.00 $2,175.00 $3,514.50 $19,789.50 03/14/94 $100.00 $14,200.00 $2,236.67 $3,547.50 $19,984.17 04/14/94 $100.00 $14,300.00 $2,299.17 $3,580.50 $20,179.67 05/14/94 $100.00 $14,400.00 $2,362.50 $3,613.50 $20,376.00 H.S. Graduation 06/14/94 $14,400.00 $2,426.67 $3,646.50 $20,473.17 07/14/94 $14,400.00 $2,490.83 $3,679.50 $20,570.33 08/14/94 $14,400.00 $2,555.00 $3,712.50 $20,667.50 09/14/94 $14,400.00 $2,619.17 $3,745.50 $20,764.67 10/14/94 $14,400.00 $2,683.33 $3,778.50 $20,861.83 11/14/94 $14,400.00 $2,747.50 $3,811.50 $20,959.00 12/14/94 $14,400.00 $2,811.67 $3,844.50 $21,056.17 01/14/95 $14,400.00 $2,875.83 $3,877.50 $21,153.33 02/14/95 $14,400.00 $2,940.00 $3,910.50 $21,250.50 03/14/95 $14,400.00 $3,004.17 $3,943.50 $21,347.67 04/14/95 $14,400.00 $3,068.33 $3,976.50 $21,444.83 05/14/95 $14,400.00 $3,132.50 $4,009.50 $21,542.00 06/14/95 $14,400.00 $3,196.67 $4,042.50 $21,639.17 07/14/95 $14,400.00 $3,260.83 $4,075.50 $21,736.33 08/14/95 $14,400.00 $3,325.00 $4,108.50 $21,833.50 09/14/95 $14,400.00 $3,389.17 $4,141.50 $21,930.67 10/14/95 $14,400.00 $3,453.33 $4,174.50 $22,027.83 11/14/95 $14,400.00 $3,517.50 $4,207.50 $22,125.00 12/14/95 $14,400.00 $3,581.67 $4,240.50 $22,222.17 01/14/96 $14,400.00 $3,645.83 $4,273.50 $22,319.33 02/14/96 $14,400.00 $3,710.00 $4,306.50 $22,416.50 03/14/96 $14,400.00 $3,774.17 $4,339.50 $22,513.67 04/14/96 $14,400.00 $3,838.33 $4,372.50 $22,610.83 05/14/96 $14,400.00 $3,902.50 $4,405.50 $22,708.00 06/14/96 $14,400.00 $3,966.67 $4,438.50 $22,805.17 07/14/96 $14,400.00 $4,030.83 $4,471.50 $22,902.33 08/14/96 $14,400.00 $4,095.00 $4,504.50 $22,999.50 09/14/96 $14,400.00 $4,159.17 $4,537.50 $23,096.67 10/14/96 $14,400.00 $4,223.33 $4,570.50 $23,193.83 5/96 ‐10/23/96 $4,241.96 $4,580.08 $23,222.04 interest for 9 days (10/15 to 10/23) RELEASED ON PAROLE ON 23RD Page 3 RMR 000194  Phillips ‐ Macumber ‐ Child Support Calculation 4/96 ‐ 11/14/96 $14,400.00 $45.54 $23.42 $68.96 interest for 22 days (10/24 to 11/14) 12/14/96 $14,400.00 $109.70 $56.42 $166.12 No amounts between 10/23/96 01/14/97 $14,400.00 $173.87 $89.42 $263.29 and 5/13/97 count towards CPA total. 02/14/97 $14,400.00 $238.04 $122.42 $360.46 2 payments of $110 apply to this time. 03/14/97 $14,400.00 $302.20 $155.42 $457.62 3/xx/1997 $110.00 $14,400.00 $192.20 During this period out of prison,  04/14/97 $14,400.00 $256.37 $188.42 $444.79 Phillips owes $427.69. 4/xx/97 $110.00 $14,400.00 $146.37 05/13/97 $14,400.00 $208.40 $219.29 $427.69 interest for 29 days  TAKEN INTO CUSTODY ON 14TH 05/14/97 $14,400.00 $4,244.10 $4,581.15 $23,225.25 interest for 1 day (5/14) 06/14/97 $14,400.00 $4,306.13 $4,614.15 $23,320.27 07/14/97 $14,400.00 $4,370.30 $4,647.15 $23,417.44 08/14/97 $14,400.00 $4,434.46 $4,680.15 $23,514.61 09/14/97 $14,400.00 $4,498.63 $4,713.15 $23,611.77 10/14/97 $14,400.00 $4,562.80 $4,746.15 $23,708.94 11/14/97 $14,400.00 $4,626.96 $4,779.15 $23,806.11 12/14/97 $14,400.00 $4,691.13 $4,812.15 $23,903.27 01/14/98 $14,400.00 $4,755.30 $4,845.15 $24,000.44 02/14/98 $14,400.00 $4,819.46 $4,878.15 $24,097.61 03/14/98 $14,400.00 $4,883.63 $4,911.15 $24,194.77 04/14/98 $14,400.00 $4,947.80 $4,944.15 $24,291.94 05/14/98 $14,400.00 $5,011.96 $4,977.15 $24,389.11 06/14/98 $14,400.00 $5,076.13 $5,010.15 $24,486.27 07/14/98 $14,400.00 $5,140.30 $5,043.15 $24,583.44 08/14/98 $14,400.00 $5,204.46 $5,076.15 $24,680.61 09/14/98 $14,400.00 $5,268.63 $5,109.15 $24,777.77 10/14/98 $14,400.00 $5,332.80 $5,142.15 $24,874.94 11/14/98 $14,400.00 $5,396.96 $5,175.15 $24,972.11 12/14/98 $14,400.00 $5,461.13 $5,208.15 $25,069.27 $14,400.00 $5,498.39 $5,227.31 $25,125.69 interest accrual for 18 days TOTAL  Tim Cole Act Amount Owed Page 4 RMR 000195  'Cfiexae '1Iontptro1ur of 'ublic J\ccounh~ ~~NO. 010615 0001 902 tl"50157 7>0000C677Jt 001 PAVDll MECY : SU-465-4561 a..TRDU.ER - STATE FUCM. 132252074 PAY ...nr.46 TO TX STATE DISPURSatENT UNIT NCP•STEVEJI CHARLES PHILLIPS ID CP• CHERYL MACUMBER PO IOX 659417 SAN ANTONIO, TX 71265-9417 VOID AFTH OIVJl/2017 - - - - - - - • - • •• - • .... r • • • • • • - • ..-•--• • • • • • - • - - • • • .-- •• • • • ... TX SC11e Disbursement Unit NCP:~ Charles Phillips ~ PO Box 659417 San Amooio, Texas 78265-9417 RMR000196