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DENISE COLLINS
Judge, 208th District Court
1201 Franklin
Houston, Texas 77002
(713)755-6374
Fax:(713)368-9219
Mona Natemeyer
Court Coordinator
In the
Court of Criminal Appeals
at Austin
RECEIVED IN
Writ No. WR-75-780-02
COURT OF CRIMINAL APPEALS
No. 1087429-B
In the 208th District Court JUN 18 2015
of Harris County, Texas
Ar0©!AoQS£ssGterk
Ex parte Kurt Andre Miles
Trial Court's Request for Extension
To Supplement Habeas Record on Remand
The 208th District Court of Harris County, Texas, moves the Honorable Court
of Criminal Appeals to grant a first extension of time to comply with its remand order
(dated March 18, 2015) 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:
On March 28, 2013, habeas counsel George Parnham filed an application for
writ of habeas corpus in cause number 1087429-B on behalf of the applicant. The
DENISE COLLINS
Judge, 208th District Court
1201 Frankun
Houston, Texas 770O2
(713)755-6374
Fax:(713)368-9219
Mona Natemeyer
Court Coordinator
State was served with the application on May 8, 2013. On May 23, 2013, the State filed
a motion requesting designation of issues in cause number 1087429-B. On June 4,
2013, this Court entered an order designating issues needing to be resolved in cause
number 1087429-B.
On April 21, 2014, the State filed an answer and proposed order designating
issues and for filing affidavit in cause number 1087429-B. On May 30, 2014, this Court
entered an order designating issues needing to be resolved in cause number 1087429-B
and ordering trial counsel Wilfred Anderson submit an affidavit concerning his
representation of the applicant.
On October 29, 2014, the State filed proposed findings and conclusions of law
in cause number 1087429-B. On January 30, 2015, this Court entered findings of fact
and conclusions of law in cause number 1087429-B.
On March 18, 2015, the Court of Criminal Appeals issued an unpublished order
remanding the instant cause to this Court in writ number WR-75,780-02 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
DENISE COLLINS
Judge, 208th District Court
1201 Frankun
Houston, Texas 77002
(713)755-6374
Fax:(713)368-9219
Mona Natemeyer
Court Coordinator
assistance of counsel in trial. Ex parte Miles, No. WR-75,780-02 (Tex. Crim. App.
March 18, 2015). The Court of Criminal Appeals' remand order required the trial court
to resolve factual issues byJune 16, 2015, and supplement the habeas record byJuly 16,
2015.
On April 24, 2015, the State filed a motion requesting order for filing affidavit in
cause number 1087429-B. On this same date, this Court entered an order for trial
counsel Wilfred Anderson to again file an affidavit concerning his representation of the
applicant. Unforeseen flooding in Houston in late May, difficulty locating the appellate
record, and family circumstances lead to a delay in the receipt of Mr. Anderson's
affidavit. Mr. Anderson's affidavit was received on June 10, 2015. Additionally, the
State has requested medical records from several facilities where the applicant may have
received mental health treatment in 2004, in order to address the factual issues
delineated in the Court of Criminal Appeals' remand order. These records are not yet
available for review. Upon receipt and review of these items, this Court will enter
findings of fact as ordered by the Court of CriminalAppeals.
II.
DENISE COLLINS
Judge, 208th District Court
1201 Frankun
Houston, Texas 77002
(713)755-6374
Fax:(713)368-9219
Mona Natemeyer
Court Coordinator
THEREFORE, this Court respectfully requests a sixty (60) day extension of
time, to resolve factual issues, enter findings of fact, and supplement the habeas
transcript with the findings of fact, affidavits, and other documentation necessary to
resolve factual issues and to forward such habeas transcript to the Court of Criminal
Appeals in writ number WR-75,780-02.
III.
WHEREFORE, PREMISES CONSIDERED, this Court respectfully requests
that the Court of Criminal Appeals allow an additional sixty (60) days, to fully comply
with its order in writ number WR-75,864-03.
SIGNED this
PRESIDING JUDGE, 208™ DISTRICT COURT
HARRIS COUNTY, TEXAS
Miles, Kurt Andre
Combined Opinion