AP-77,047
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 5/14/2015 7:45:51 PM
Accepted 5/15/2015 7:53:17 AM
May 15, 2015 NO. AP-77,047 ABEL ACOSTA
CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
_______________________________________________________
KENNETH THOMAS
Appellant
VS.
THE STATE OF TEXAS
Appellee
_______________________________________________________
APPEALING THE TRIAL COURT’S CAPITAL JUDGMENT
ASSESSING THE DEATH SENTENCE BASED ON JURY VERDICT
OF GUILTY AND ANSWERS TO SPECIAL ISSUES
IN CAUSE NUMBER F86-85539-M FROM THE 194TH JUDICIAL
DISTRICT COURT OF DALLAS COUNTY, TEXAS
THE HONORABLE ERNEST B. WHITE, III, JUDGE PRESIDING
_______________________________________________________
MOTION TO SUPPLEMENT
THE REPORTER’S RECORD
_______________________________________________________
COMES NOW KENNETH THOMAS, by and through his
appointed attorney on appeal, John Tatum, and respectfully submits this Motion to
Supplement the Reporter’s Record in the above entitled and numbered cause. In
support of this Motion, Appellant would show this Honorable Court the following:
I.
The Defendant, Kenneth Thomas, pleaded not guilty to the charge of
Capital Murder before the Honorable Ernest B. White, Judge Presiding of the
194th Judicial District Court of Dallas County and a jury. The jury found the
Defendant guilty and punishment was assessed at death by lethal injection.
II.
The Reporter’s Record has been filed in this cause.
III.
Appellant has raised “Batson”issues, defense juror challenges denied
by trial court issues and granting State’s challenges over defense objection issues
and the juror questionnaires are necessary to aid this Court in resolving the issues
raised on appeal to the Court of Criminal Appeals. Appellant’s counsel was able
to obtain a CD with the questionnaires from the court reporter in order to complete
argument of these 31 issues. Appellant, therefore, moves this Honorable Court to
enter an order supplementing the appellate record with the CD’s containing the
requisite questionnaires. This would make available to this Court its necessary
information made reference to in Appellant’s brief.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that
this Court will grant his Motion to Supplement the Reporter’s Record in this
Cause with the juror questionnaires.
Respectfully submitted,
/s/ John Tatum
John Tatum
990 South Sherman Street
Richardson, Texas 75081
(972)705-9200
Fax (972)690-9901
State Bar No. 19672500
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing motion
has been mailed to:
The Hon. Susan Hawk
c/o Asst. Dist. Att. Christine Womble
Criminal District Attorney
Attn: Appellate Section
Frank Crowley Courts Building
133 N. Riverfront Blvd. - LB19
Dallas, Texas, 75207-4313
on this 14th day of May, 2015.
/s/ John Tatum
John Tatum
CERTIFICATE OF COMPLIANCE
I certify that this submitted e-mail attachment to file Motion to
Supplement the Record complies with the following requirements of the Court:
1. The petition is submitted by e-mail attachment;
2. The e-mail attachment is labeled with the following information:
A. Case Name: Kenneth Thomas
B. The Appellate Case Number: 77,047
C. The Type of Document: Motion to Supplement Record
D. Party for whom the document is being submitted: Appellant
E. The Word Processing Software and Version Used to Prepare the
Motion :
Word Perfect X7
3. Copies have been sent to all parties associated with this case.
/s/ John Tatum 5/14/15
(Signature of filing party and date)
John Tatum
(Printed name)
John Tatum, Attorney at Law
Emailed Copy of Motion