Batiste, Tedderick R.

Case 4:15-cv-01258 Document 1 Filed in TXSD on 05/12/15 Page 1 of 4 WR-81,570-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/12/2015 8:35:49 AM Accepted 5/12/2015 8:42:18 AM ABEL ACOSTA CLERK IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS RECEIVED COURT OF CRIMINAL APPEALS 5/12/2015 ABEL ACOSTA, CLERK ) Civil No. TEDDRICK BATISTE ) TDCJ# 999568 ) (CAPITAL CASE) Petitioner ) v. ) ) \ryILLIAM STEPHENS, Director ) Texas Department of Criminal Justice ) Correctional Institutional Division, ) Respondent ) ) MOTION FOR APPOINTMENT OF FEDERAL COUNSEL Undersigned counsel, Brad D. Levenson, Director of the Texas Offrce of Capital Writs ("OC'W"), respectfully moves this Court to appoint federal counsel to represent Mr. Teddrick Batiste in his federal habeas corpus proceedings. This Motion is made within the fifteen (15) day time period required by Texas Code of Criminal Procedure 11.071, section 2(e) ("If the court of criminal appeals denies an applicant relief under this article, an attorney . . . shall, not later than the 15th day after the date the court of criminal appeals denies relief . move for the appointment of counsel in federal habeas review under 18 U.S.C. Section 3599."). Because the undersigned is not permitted to "represent a defendant in a federal habeas review" (see Tex. Govt. Code, $ 78.054(b)), new counsel must now be appointed. I Case 4:15-cv-01258 Document 1 Filed in TXSD on 05/12/15 Page 2 of 4 Mr. Batiste was sentenced to death in the l74th District Court of Harris County, Texas on June 23,2011. On June 5,2013, the Texas Court of Criminal Appeals ("CCA") affirmed Mr. Batiste's sentence on direct appeal. Batiste v. State, AP-76,600 (Tex. Crim. App. 2013) (unpublished). On April 29,2015, the CCA denied relief in state habeas corpus proceedings. Ex parte Batiste, No. WR- 81,570-01 (Tex. Crim. App. 2015) (unpublished). Pursuant to Texas Code of Criminal Procedure Article 11 .071, undersigned counsel and the OCW have represented Mr. Batiste. Mr. Batiste was then and is now without the means to retain counsel. Mr. Batiste is an indigent person, lacking the funds necessary to retain counsel and must be appointed counsel "throughout . . . aIl available post-conviction process, together with applications for stays of execution and other appropriate motions and procedures. [and] in such competency proceedings and proceedings for executive or other clemency as may be available to the defendant." 18 U.S.C. $ 3599(e); see also Harbisonv, Bell,556 u.s. 180 (2ooe). Mr. Batiste is entitled to the appointment of counsel under 18 U.S.C. $ 3599(a). He has never had his constitutional claims for relief addressed by a federal court. He is entitled to the assistance of counsel in order to present those claims. See McFarlqndv. Scott,512 U.S. 849,857-58 (1998). 2 Case 4:15-cv-01258 Document 1 Filed in TXSD on 05/12/15 Page 3 of 4 Accordingly, the undersigned respectfully requests that this Court appoint federal counsel for Mr. Batiste, pursuant to l8 U.S.C. $ 3599.1 Respectfully submitted, DATED: May 12,2015 By .t\t A \ BRAD D. LEVENSON Texas Bar No. 24073411 Office of Capital Writs 1700 N. Congress Ave., Suite 460 Austin, Texas 78701 512-463-8502 - direct line 5 12-463 -85 90 - facsimile t The OCW understands that the Texas Habeas Assistance and Training Project is working with Federal Public Defender Marjorie Meyers to recruit and recommend counsel for Mr. Batiste. a J Case 4:15-cv-01258 Document 1 Filed in TXSD on 05/12/15 Page 4 of 4 CERTIFICATE OF SERVICE On May 12,2015, a copy of the foregoing Motion was served on the Office of the Attorney General by United States mail at the following address: Office of the Attorney General of Texas Criminal Appeals Division Post Office Box 12548 Austin, Texas 787 | l-2548 aß^,-..F)- Brad D. Levenson CERTIFICATE OF CONFERENCE No conference has been held because opposing counsel has not made an appearance in these proceedings. ntul L Brad D. Levenson 4 Case 4:15-cv-01258 Document 1-1 Filed in TXSD on 05/12/15 Page 1 of 2 AO 240 (Rev. 07110) Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) UNtrBn Srnrss Drsrrucr CoURT for the r'?l( l..{-r.{. Plaintift/Petítioner LTq S¿ Ð ) ) ) Civil Action No. \,t>itt,'u¡^ S$Ç[.e,"s ) Defendan ) APPLICATION TO PROCEED IN DISTRICT COURT \ryITHOUT PREPAYING FEES OR COSTS (Short Form) I am a plaintiffor petitioner in this case and declare that I am unable to pay the costs ofthese proceedings and that I am entitled to the reliefrequested. In support of this application, I answer the under penalty of perj ury 7. If incarcerated.l am being held at ê If employed there, or have an account in the institution, I have to document a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months for any institutional account in my name. I am also submitting a similar statement from any other institution where I was incarcerated during the last six months. 2. If not incarcerated. If I am employed, my employer's name and address are: My gross pay or wages (specify pay period) $ o , and my take-home pay or wages are: $ per 3. Other Income. In the past 12 months, I have received income from the following sources (check att that appty): (a) Business, profession, or other self-employment I Yes /*" (b) Rent payments, interest, or dividends D Yes d*o (c) Pension, annuity, or life insurance payments ü Yes úrNo (d) Disability, or worker's compensation payments 3 Yes d,No (e) Gifts, or inheritances f Yes d.,No (Ð Any other sources û Yes dNn Ifyou answered "Yes" to any question above, describe below or on separate pages each source ofmoney and state the amount that you received and what you expect to receive in the future. Case 4:15-cv-01258 Document 1-1 Filed in TXSD on 05/12/15 Page 2 of 2 AO 240 (Rev. 07/10) Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) 4. Amount of money that I have in cash or in a checking or savings account: $ 5. Any automobile, real estate, stock, bond, secudty, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe the property antl its approximate value)'. ú 6. Any housing, transportation, utilities, or loan payments, or other regular monthly expenses (describe and provide the amount of the nronthly expense): j. ìú 7. Names (or, if under 18, initials only) of all persons who are dependent on me for support, my relationship with each person, and how much I contribute to their support: J.ne 8. Any debts or financial obligations (tlescribe the atnounts owed and to whom they are payable)i J. î)ú Declaration ' I declare under penalty of perjury that the above information is true and understand that a false statement may result in a dismissal of my claims. Date: 2"21' l,f til/øÁ Applicant's signature 4 kdú,,¿( t(. ø"ú oÉ. Printed nante -