WR-82,450-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/20/2015 3:49:37 PM
Accepted 7/20/2015 3:51:18 PM
WR-82,450-01 ABEL ACOSTA
CLERK
EX PARTE § IN THE COURT
RECEIVED
§ COURT OF CRIMINAL APPEALS
DAVID CLIFFORD PEDDER, Jr. § OF 7/21/2015
ABEL ACOSTA, CLERK
§
§ CRIMINAL APPEALS
MOTION TO WITHHOLD RULING
Petitioner, David Pedder, hereby files this Motion to Withhold Ruling on the Writ of
Habeas Corpus filed by Petitioner and would show unto the Court as follows:
On July 10, 2015, the 128th District Court signed its Findings of Fact and Conclusions of
Law on this matter. Evidently, that document and the others from this action were transmitted to
the Court of Criminal Appeals on July 13, 2015. On July 14, 2014, the District Clerk mailed a one
page letter to Petitioner’s Counsel indicating that the Clerk was “forwarding [Petitioner’s]
Supplemental Writ of Habeas Corpus to the Court of Criminal Appeals.” (See attached). The letter
did not mention the Court’s Findings nor did it attach them. The letter arrived to Petitioner’s
Counsel’s office after hours on Friday, July 17, 2015 and was first reviewed by Counsel Monday,
July 20, 2015.
Counsel inquired of the District Clerk when the Court was slated to issue its findings and
only then received them by email (see attached). The Clerk is required, under Texas Rules of
Appellate Procedure 73.4 to immediately send all parties notice and a copy of the Court’s findings,
but the Orange County District Clerk failed to do so in this case. As a result, Petitioner just became
aware of the Findings and asks that the Court of Criminal Appeals withhold any ruling on this
matter for ten days from now, July 30, 2015, so that Counsel may file objections in accordance
with the time line afforded under Rule 73.4. This request is not made for the purposes of delay
but rather that Counsel have adequate time under the Rules to lodge his objections.
Respectfully submitted,
The Gertz Law Firm
2630 Liberty
Beaumont, Texas 77702
Tel: 409-833‑6400
Fax: 409-833‑6401
/s/ Ryan W. Gertz
By:
Ryan W. Gertz
State Bar No. 24048489
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the attached and foregoing document has
been served on the Orange County District Clerk’s Office, by faxing a copy to 409-882-7083 on
this the 20th day of July, 2015.
/s/ Ryan W. Gertz
____________________________________
Ryan W. Gertz