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WRIT NO. WR-75,864-03
TRIAL COURT CAUSE NO. 1053411-A
EX PARTE § IN THE 262nd DISTRICT COURT
§ of RECEDED If
BARTHOLOMEW GUZMAN, Wm^^Z&LP&m
Applicant § HARRIS COUNTY, TEXAS APR 09 2015
Ab@fteta, QBfk
TRIAL COURT'S FIRST MOTION REQUESTING AN EXTENSION
TO SUPPLEMENT HABEAS RECORD ON SECOND REMAND
The 262nd District Court of Harris County, Texas, moves the Honorable
Court of Criminal Appeals to grant a first extension of time to comply with its
second remand order (dated September 17, 2014) to conduct factual
investigation for the instant application for writ of habeas corpus in the
above-captioned cause and will show the following in support thereof:
I.
On August 17, 2009, the applicant filed a pro se application for writ of
habeas corpus in cause number 1053411-A. The State was served with the
application on August 19, 2009. On September 3, 2009, the State filed a
motion requesting designation of issues in cause number 1053411-A. On
September 4, 2009, this Court entered an order designating issues needing
to be. resolved in cause number 1053411-A.
:.On May 15, 2013, the Court of Criminal Appeals issued an
unpublished order requiring this Court to forward the habeas record or to
resolve the issues identified in the order designating issues then forward the
habeas record to the Court of Criminal Appeals within thirty (30) days. In re
Guzman, No. WR-75,864-02 (Tex. Crim. App. May 15, 2013). On May 24,
2013, the State filed an answer in cause number 1053411-A. On June 3,
2013, this Court entered findings of fact and ordered that the habeas record
be forwarded to the Court of Criminal Appeals in cause number 1053411-A.
On September 11, 2013, the Court of Criminal Appeals issued an
unpublished order remanding the instant cause to this Court in writ number
WR-75,864-03 and ordering that this Court resolve factual issues by, among
many options, obtaining affidavits or conducting an evidentiary hearing to
address the applicant's factual claims of ineffective assistance of counsel in
trial. Ex parte Guzman, No. WR-75,864-03 (Tex. Crim. App. September 11,
2013). The Court of Criminal Appeals' remand order required the
supplementation of the habeas record by January 9, 2014. Pursuant to this
Court's first request, the Court of Criminal Appeals granted an extension of
time to supplement the habeas record until May 9, 2014. Pursuant to this
Court's second request, the Court of Criminal Appeals granted another
extension of time to supplement the habeas record until June 23, 2014. On
May 15, 2014, this Court entered findings of fact and ordered that the
supplemental habeas transcript be forwarded to the Court of Criminal
Appeals.
On September 17, 2014, the Court of Criminal Appeals issued an
unpublished order remanding the instant cause to this Court in writ number
WR-75,864-03 and ordering that this Court resolve factual issues by, among
many options, obtaining affidavits or conducting an evidentiary hearing to
address additional issues related to the applicant's claims of ineffective
assistance of counsel in trial. Ex parte Guzman, No. WR-75,864-03 (Tex.
Crim. App. September 17, 2014). The Court of Criminal Appeals' remand
order required the supplementation of the habeas record by January 15,
2015. On November 21, 2014, this Court appointed attorney Jerome
Godinich to represent the applicant in the instant habeas proceeding.
The applicant's appointed habeas attorney has requested an
evidentiary hearing after completing his investigation. Pursuant to habeas
counsel's request, this Court has scheduled an evidentiary hearing for May
7, 2015. After the evidentiary hearing, this Court will enter findings of fact as
ordered by the Court of Criminal Appeals.
II.
THEREFORE, this Court respectfully requests an extension of time of
until June 1, 2015, to conduct the scheduled evidentiary hearing, enter
findings of fact, and supplement the habeas transcript with the findings of
fact, affidavits, hearing records, and other documentation necessary to
resolve factual issues and to forward such habeas transcript to the Court of
Criminal Appeals in writ number WR-75,864-03.
III.
WHEREFORE, PREMISES CONSIDERED, this Court respectfully
requests that the Court of Criminal Appeals allow until JUNE 1, 2015, to fully
comply with its order in writ number WR-75,864-03.
SIGNED this day of gffl a ?.
o I
GE, 262NU DISTRICT COURTV%> cy /
S COUNTY, TEXAS ... * JO l^X