WR-80,923-02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 4/28/2015 1:41:15 PM
Accepted 4/28/2015 2:22:09 PM
No. WR-80,923-02 ABEL ACOSTA
CLERK
In the Court of Criminal Appeals RECEIVED
Austin, Texas COURT OF CRIMINAL APPEALS
4/28/2015
ABEL ACOSTA, CLERK
In re RODERICK HARRIS,
Relator
No. W09-00409-Y(A)
Criminal District Court No. 7
of Dallas County, Texas
MOTION FOR STAY
OF ARTICLE 11.071 EVIDENTIARY HEARING
Susan Hawk Shelly O'Brien Yeatts
Criminal District Attorney Assistant District Attorney
Dallas County, Texas State Bar No. 24033487
133 N. Riverfront Blvd., LB-19
Dallas, TX 75207-4399
(214) 653-3625
(214) 653-3643 fax
syeatts@dallascounty.org
REAL PARTY IN INTEREST
MOTION FOR STAY
OF ARTICLE 11.071 EVIDENTIARY HEARING
Real party in interest in this matter, the State of Texas, through the Criminal
District Attorney of Dallas County, asks this Court to stay the evidentiary hearing
set in the Criminal District Court No. 7 of Dallas County on Relator Roderick
Harris's Article 11.071 application for writ of habeas corpus, currently scheduled
for the week of May 18,2015.
Relator has filed a post-conviction application for writ of habeas corpus in
the Criminal District Court No. 7 of Dallas County, Judge Elizabeth Frizell
presiding, challenging his conviction and death sentence. The trial court has set an
evidentiary hearing in this writ proceeding to begin on May 18,2015. (See Exhibit
A).
On April 10, 2015, in preparation for the evidentiary hearing, the trial court
ordered Relator's counsel, the Office of Capital Writs (OCW), to provide the State
with access to the portions of Relator's trial file relevant to his claims of
ineffective assistance of trial counsel. On April 21, 2015, OCW filed an
Emergency Application for Writ of Prohibition and Request for Injunction with
this Court, seeking an emergency stay of the trial court's April 10,2015 order and
a writ of prohibition instructing the trial judge to withdraw the order.
2
The trial court subsequently entered an amended order on April 24, 2015,
giving OCW a deadline of May 1,2015 to provide electronic copies of the relevant
portions of Relator's trial file to the State. The same day the trial court issued the
amended order, OCW filed with this Court an Emergency Motion for Stay of the
trial court's April 24, 2015 order.
Although Relator has requested a stay of the trial court's order requiring him
to tum over portions of his trial file to the State, he has not requested a stay of the
evidentiary hearing on his writ-as it would be advantageous to him if the
evidentiary hearing were to proceed without the State having access to his trial file.
The State cannot be prepared for the writ hearing without access to the trial files.
The files well may contain evidence refuting Relator's ineffective assistance of
trial counsel claims. Without access to the trial files before the hearing, the State
will be unable to properly cross-examine the trial attorneys or offer documentation
from the trial files into evidence. Thus, the State would be disadvantaged in the
full and fair litigation of Relator's application for writ of habeas corpus if it were
required to proceed with an evidentiary hearing while this writ of prohibition is
pending.
Accordingly, the State respectfully requests this Court to enter a stay of the
trial court's Article 11.071 evidentiary hearing until the time this Court resolves
Relator's writ of prohibition.
3
Respectfully submitted,
Susan Hawk
Criminal District Attorney
~~
Assistant District Attorney
Dallas County, Texas State Bar No. 24033487
133 N. Riverfront Blvd., LB-19
Dallas, TX 75207-4399
(214) 653-3625
(214) 653-3643 fax
syeatts@dallascounty.org
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing motion for stay has been served
on the following on April 28, 2015:
Hon. Elizabeth Frizell
Criminal District Court No. 7
133 N. Riverfront Blvd.
Dallas, Texas 75207
Brad D. Levenson
Robert Romig
Office of Capital Writs
1700 N. Congress Ave., Suite 460
Austin, Texas 78711
Brad.Levenson@owc.texas.gov
Robert.Romig@ocw.texas.gov
ATTORNEYS FOR RELATOR
~
4
VERIFICATION
STATE OF TEXAS §
COUNTY OF DALLAS §
BEFORE :ME, the undersigned authority, on this date personally appeared
Shelly O'Brien Yeatts, who was duly sworn, and stated that she is an Assistant
Criminal District Attorney for Dallas County, that she has personal knowledge of
the facts stated in the text of this motion, and that those facts are true and correct.
i!%Mb~
SUBSCRIBED AND SWORN ro B&7~~}: J
NOTARY PUBLIC FOR
THE STATE OF TEXAS
My commission expires G\!C1! \(2
5
EXHIBITS
Exhibit A Criminal District Court No.7 "pass sheet" setting Article. 11.071
evidentiary hearing in No. W09-00409-Y(A) for week of May 18,
2015
6
EXHIBIT A
- -- ------------
IN THE (I ('yt~ DISTRICT COURT
D~Ty,TEXAS
STATE OF TEXAS § Case No.(s):
v.
§
§ tvoq- DDtfDq-Y(/t-)
§
§
§
Charged Offense(s): _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now the attorney for the State and the Defendant, by and through
his/her attorney of record, and request a continuance of this case(s) to the following
date for the following purpose:
RESET DATE: 06 I If /;<'015- TIME: J : {)O A1-1
o Ane&..lmrn?- / P/~ o Motion to Suppress
(with no trial setting)
o Agreed plea of guilty
o P/V Announcement
o Open plea of guilty o P/V Agreed plea of true
o P/V Open plea of true
o Jury Trial (submit Order o P/V Contested hearing
Setting for Trial)
o To hire attorney
o
~0JJt.- p~
Trial Before the Court
(submit Order Setting...) Other
, .
Plea Bargain Offer:
_ _ _ _ years in prison ____ days/years deferred
_ _ __ days/years in State Jail ____ regular probation
_ _ _ _ days/months in County Jail $ ____ Fine
Other: _ _ _ _ _ _ _ _ __ $ Restitution
~
Attorney for Defendant Defendant
ij/p9 ~ 5:- ?JL{-1053--: ~tfJ- 5/1-%3- '6S 11.. ff- I~
Phone Number Phone Number Today's Date: ()?r~_ J
WfliTE COPY· FILE. YELLOW COPY - DISTRICT ATTORN EY. PINK COPY - DEF. ATTORNEY/DEFENDANT