WR-80,923-02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/21/2015 10:49:03 AM
Accepted 4/21/2015 11:20:35 AM
IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA
CLERK
AUSTIN, TEXAS
RECEIVED
COURT OF CRIMINAL APPEALS
4/21/2015
) Cause No. ABEL ACOSTA, CLERK
In re ) w0e-0040e-Y(A)
Roderick Harris, )
RELATOR )
)
)
EMERGENCY APPLICATIOI\ FOR WRIT OF PROHIBITION;
REQUEST FOR INJUNCTIOI{
This is a Capital Case
Evidentiary Hearing: May 18,2015
BRAD D. LEVENSON (No. 240734rt)
Director, Offrce of Capital Writs
(E-Mail : Brad.Levenson@ocw.texas. gov)
ROBERT ROMIG (No. 240605 17)
(E-Mail: Robert.Romig@ocw.texas.gov)
JEREMY SCHEPERS (No. 24084578)
(E-Mail : Jeremy.Schepers@ocw.texas.gov)
Post-Conviction Attorneys
Office of Capital Writs
1700 North Congress Avenue, Suite 460
Austin, Texas 7870I
(st2) 463-8600
(s12) 463-8se0 (fax)
Attorneys for Relator
IDENTITY OF PARTIES AND COUNSEL
Relator
Roderick Harris
TDCJ # 99957 7
TDCJ Polunsþ [Jnit
3872 FM 350 South
Livingston, Texas 7735 |
Attorneys for Relator
Office of Capital Writs
Brad D. Levenson
Robert Romig
Jeremy Schepers
1700 North Congress Avenue
Suite 460
Austin, Texas 78701
Respondent
Honorabl e Elizab eth Frizel I
Judge, Criminal District Court No. 7
Frank Crowley Courts Building
133 N. Riverfront Boulevard
Lock Box 54
Dallas, TX 75207
Real Parties in Interest
Dallas County District Attorney's Office
Shelly Yeatts
Frank Crowley Courts Building
133 N. Riverfront Boulevard
Lock Box 19
Dallas, TX 7 5207
1t
TABLE OF'CONTENTS
APPLICATION FOR WRIT OF' PROHIBITION 1
STATEMENT OF THE CASE 1
a
STATEMENT OF JURISDICTION.......... J
ISSUES PRESENTED 4
STATEME,NT OF FACTS 4
ARGUMENT 5
A. Standard of Review 5
B. Harris Has a Clear Right to Relief, as the State Has No Right Under Texas
Law to Demand Discovery of a Defendant's Trial File Through Post-
Conviction Counsel .............. ......6
C. Harris Has No Other Adequate Remedy at Law Other Than Seeking This
Writ of Prohibition ..........8
PRAYER FOR RELIEF 9
EXHIBITS
Exhibit A: Trial Court Order
Exhibit B: State's Motion for Disclosure of Trial File
Exhibit C: Harris's Response to State's Motion
111
TABLE OF AUTHORITIES
State Cases
Aranda v. District Clerk,207 S.W.3d 785 (Tex. Crim. App. 2006).... 7
Arbelaez v. State,775 So.2d 909 (Fla. 2000) 7
Coffee v. Wainwright, 172 So.2d 851 (Fla. Dist. Ct. App. 1965) 7
a
Ex parte Davts,947 S.W.zd216 (Tex. Crim. App. 1996)...... J
a
Ex parte Moreno,245 S.\M.3d 419 (Tex. Crim. App. 2008) J
a
Ex parte Reed,271 S.W.3d 698 (Tex. Crim. App. 2008) J
In re McCann,422 S.W.3d 701 (Tex. Crim. App. 2013) 4,5, 8
Neveuv. Culver, 105 S.W.3d 641 (Tex. Crim. App. 2003). 6
Simonv. Levario, 306 S.W.3d 318 (Tex. Crim. App. 2009) 5 6
State ex rel. Wade v. Mays,689 S.W.2d 893 (Tex. Crim. App. 1985) 5
l4/est v. solito,563 S.W.zd240 (Tex. 1978) 6
Statutes
Texas Constitution, Art. V., $5 -J
Other Authority
ABA, Standing Comm. on Ethics & Prof'l Responsíbilíty, Formal Opinion 10-456
7
1V
APPLICATION FOR WRIT OF PROHIBITION;
REQUEST FOR INJUCTION
Relator Roderick Harris ("Harris") has been ordered by Judge Elizabeth
Frizell, presiding judge of the Criminal District Court No. 7 in Dallas County, to
turn over the files belonging to his trial defense counsel to the Dallas County
District Attorney's Office (the "State") before May 18, 2015. (Ex. A [Trial Court
Order].) Harris, through his attorneys the Office of Capital Writs ("OCW"),
requests this Court issue an emergency stay of Judge Frizell's order anda writ of
prohibition instructing Judge Frizell to withdraw that order.
Harris is currently pursuing relief from a capttal conviction and sentence of
death, having filed an application for writ of habeas corpus within the meaning of
Article 11.071 of the Code of Criminal Procedure. Harris has raised claims of
ineffective assistance of trial counsel as grounds for that relief. The State filed an
answer and the convicting court ordered an evidentiary hearing, which is scheduled
to commence May 18,2015. Upon a motion by the State, the convicting court
ordered the OCW to make available defense counsel's files to the State prior to the
commencement of the hearing. As there is no justification under Texas law for
post-conviction counsel to have to provide the State with such broad discovery,
and because Harris has no other adequate remedy at Iaw, a writ of prohibition is
necessary.
I.
STATEMENT OF THE CASE
Harris was convicted and sentenced to death in Criminal District Court No. 7
in Dallas County on May 21,2012. (66 RR at 107;2 CR at709.)1 Pursuant to the
Code of Criminal Procedure, Article 11.071, Section 2(b), the convicting court
I