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Barbdrd^ladde-mAdamick
Texas
936-539-7853 *$pm®w^ 281-354-5511 Houston
936-788-8383 936-539-7855 Conroe
April 22, 2015
ABLE ACOSTA, CLERK
COURT OF CRIMINAL APPEALS
P.O. BOX 12308
AUSTIN TX 78711
RE: TRIAL CT. CAUSE NO. 1l-01-00582-CR-(l)
EX PARTE: NOEL BAIRD NORWOOD
In the 410™ District Court of Montgomery County, Texas
Dear Mr. Acoata:
Enclosed please find a copy of State's Request for Additional time to Resolve issues raised by
Application for a Writ of Habeas Corpus and Motion for Extension of time to Resolve Factual
issues in Application for a Writ of Habeas Corpus in the styled and number Post-Conviction
Application for Writ of Habeas Corpus. Please acknowledge receipt of same on the enclosed
copy of this letter.
Thank you for your assistance in this matter.
Sincerely,
Barbara Gladden Adamick
District Clerk
Leah Timmons, Deputy
COURT OP CWMIM*L APPEALS
APR H 2015
Abel Aerate, Clerk
RECEIVED AND FILED
~, „FOR RECORD _.
At oV.c^N o'clock P M.
APR 17 2015
CAUSE NO. ll-01-00582-CR-(l) Barbara gladden adamick
District Clerk
M(^TGOI\'l£R>eO'UNTY. TEXAS
EX PARTE § INTHEDISTWCTvCOTfTTOR-Dep ty
NOEL BAIRD NORWOOD § THE 410TH JUDICIAL DISTRICT,
§
§ MONTGOMERY COUNTY, TEXAS
STATE'S REQUEST FOR ADDITIONAL TIME
TO RESOLVE ISSUES RAISED BY APPLICATION
FOR A WRIT OF HABEAS CORPUS
The applicant, Noel Baird Norwood, was charged by indictment with the
offense of Aggravated Sexual Assault, alleged to have occurred on or about
September 23, 2010. The applicant entered a plea of "not guilty," but the jury
found the applicant guilty as charged. The jury assessed his punishment at
imprisonment for six years. The Ninth Court of Appeals affirmed applicant's
conviction and sentence, and his conviction became final on October 7, 2013.
On October 17, 2014, the applicant filed his first application for writ of
habeas corpus pursuant to article 11.07, of the Texas Code of Criminal Procedure,
alleging that trial counsel did not provide the effective assistance of counsel. The
State received a copy of the application from the district clerk on October 27,
2014.
This Court issued an order designating issues to be resolved and requiring
the applicant's trial counsel, Mr. Scott Ramsey, to submit an affidavit responding
to the applicant's claims. Ramsey filed an affidavit with this Court on December
26, 2014, explaining that, due to numerous issues, he had been unable to address
the questions posed by this Court and requesting at least 30 days of additional time
to complete his affidavit. To date, no additional affidavit has been filed.
The Court of Criminal Appeals recently adopted amendments to the rules of
appellate procedure requiring that the trial court resolve all fact issues in a writ of
habeas corpus withiri_180 days of the date the State received notice of the petition.
See Tex. R. App. P. 73.5. The 180 days will expire in this case on or about April
25, 2015. Therefore, the State respectfully requests that this Court submit to the
Court of Criminal Appeals a motion for extension of time to resolve the factual
issues raised by the application for a writ of habeas corpus.
Respectfully submitted,
Brett W. Ligon
District Attorney
Montgomery County, Texas
assistant District Attorney
Montgomery County, Texas
SBT No. 24072468
207 W. Phillips, Second Floor
Conroe, Texas 77301
jason.larman@mctx.org
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing motion and the proposed motion
for extension of time was e-mailed to the attorney for the applicant on the date of
the filing of the original with the clerk of this Court.
Assistant District Attorney
Montgomery County, Texas
{^f«j4 s1lj*nfA I ^B^*
6o'c'oa P
• M.
TRIAL COURT CAUSE NO. ll-01-00582-CR-(l) BARaA^ GUDn.
EX PARTE § IN THE COURT OF ^S^^C^s
§
NOEL BAIRD NORWOOD § CRIMINAL APPEALS
§
§ OF TEXAS
MOTION FOR EXTENSION OF TIME TO REOLVE
FACTUAL ISSUES IN APPLICATION FOR
A WRIT OF HABEAS CORPUS
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The 410th District Court of Montgomery County, Texas, requests an
additional 60 days to resolve the factual issues raised by the application for a writ
of habeas corpus in this case, and would respectfully show as follows:
I.
The applicant, Noel Baird Norwood, was charged by indictment with the
offense of Aggravated Sexual Assault, alleged to have occurred on or about
September 23, 2010. The applicant entered a plea of "not guilty," but the jury
found the applicant guilty as charged. The jury assessed his punishment at
imprisonment for six years. The Ninth Court of Appeals affirmed applicant's
conviction and sentence, and his conviction became final on October 7, 2013.
The ^applicant, filed^ ofAakeas.corpus on.
October 17, 2014. The State received notice of the application on October 27,
2014, and this Court designated factual issues to be resolved on November 18,
2014. The Court ordered the applicant's trial counsel to file an affidavit within 30
days of the order designating issues. Unfortunately, trial counsel did not receive a
copy of the order until December 17, 2014, and submitted an affidavit on
December 26, 2014, explaining why he had been unable to comply with the
deadlines originally set by the order designating issues and requesting additional
time to address the applicant's claims. At this time, trial counsel has not submitted
an affidavit as ordered by this Court.
Therefore, the 410th District Court of Montgomery County, Texas
respectfully requests an additional 60 days to resolve the factual issues raised by
the application for a writ of habeas corpus, until June 24, 2015.
Respectfully submitted,
^es^^^uage
4Wfh District Court
Montgomery County, Texas