WR-63,871-03
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/11/2015 3:07:27 PM
Accepted 2/12/2015 8:15:52 AM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
EX PARTE § RECEIVED
§ COURT OF CRIMINAL APPEALS
2/12/2015
§ NO. C-2-010289-0764908-B
ABEL ACOSTA, CLERK
§
TIMOTHY RANDAL THOMPSON §
MOTION FOR EXTENSION OF TIME
FOR SUBMISSION OF WRIT RECORD
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, the Criminal District Court No. 2 of
Tarrant County Texas and moves this Court to grant a one-
hundred and eighty (180) day extension of time for
resolution of the issues and to submit the writ record in
this case. The following allegations are made in support
of this motion:
I.
The applicant was convicted by a jury of the offense
of murder and sentenced to twenty-five years’ confinement
on April 20, 2001. See Judgment.
II.
On August 19, 2014, the applicant (represented by the
Hon. Robert N. Udashen and the Hon. Bruce Anton) filed an
application for writ of habeas corpus alleging that he
was denied effective assistance of counsel. See
Application. The trial court timely designated this
issue for future resolution on September 8, 2014. See
Order Designating Issues. The trial court’s 180-day
deadline for resolving this issue is February 17, 2015.
See Tex. R. App. P. 4 & 73.5.
III.
The trial court conducted live hearings on January
21, 2015, and January 30, 2015. The applicant’s trial
counsels, the Hon. Leslie Johns and the Hon. Leon Haley,
testified regarding their representation.
IV.
In conjunction with this writ application, the
applicant filed a motion for forensic testing of the
firearm used in his case. See Motion for Forensic
Testing. The Code of Criminal Procedure permits a trial
court to order additional forensic testing to resolve
controverted issues. See Tex. Code Crim. Proc. art.
11.07, §3(d). The trial court granted the applicant’s
request for forensic testing on January 30, 2015. See
Modified Order.
V.
Additional time beyond the 180-day deadline is needed
so that forensic testing can be completed, any additional
hearing can be conducted, and each side can prepare its
proposed findings of fact and conclusions of law.
Counsels for the applicant (the Hon. Robert N. Udashen
and the Hon. Bruce Anton) and the State (the Hon. Steven
Conder) agree that additional time is needed to resolve
the issues raised in this application
VI.
The trial court requests that this Court grant a one
hundred and eighty (180) day extension of time for
resolution of the issues and submission of the writ
record in this application. If this extension is
granted, the writ record will be submitted on or before
August 16, 2015.
WHEREFORE, PREMISES CONSIDERED, the trial court prays
that this Court grant a one hundred and eighty (180) day
extension for submission of the writ record in this
application to August 16, 2015.
Respectfully submitted,
/s/ CHARLES P. REYNOLDS
CHARLES PATRICK REYNOLDS
Judicial Staff Counsel and
Post-Conviction Magistrate
Tarrant County, Texas
401 W. Belknap
Fort Worth, Texas 76196
(817) 884-2326
Fax (817) 884-2312
State Bar No. 00789580
CERTIFICATE OF SERVICE
A true copy of the above Motion for Extension of Time
for Submission of Writ Record has been transmitted to the
applicant’s counsel, the Hon. Robert N. Udashen and the
Hon. Bruce Anton, 2311 Cedar Springs Road, Suite 250,
Dallas, Texas 75201, and hand-delivered to the State’s
counsel, the Hon. Steven W. Conder, on this, the ___ day
of February, 2015.
/s/ CHARLES P. REYNOLDS
CHARLES PATRICK REYNOLDS