Cause No. 695776-A
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EX PARTE § IN THE 185th DISfRl'EI""ee' · :-~t:.-it3~~
§ OF
ARTHUR LAMAR MITCHELL, § HARRIS COUNTY, TEXAS
Applicant
STATE'S PROPOSED ORDER DESIGNATING ISSUES
AND FOR FILING AFFIDAVIT
Having considered the application for writ of habeas corpus 1n
the above-captioned cause and the State's original answer, the
,,
Court finds that the issue of whether the applicant was denied
effective assistance of counsel still needs to be resolved in the
present case.
Therefore, pursuant to Article 11.07, §3(d), this Court will
resolve the above-cited issue and then enter findings of fact.
To assist the Court in resolving these factual issues, counsel
Ken Okorie is ORDERED to file an affidavit summarizing his actions
as counsel for the applicant in the primary case, cause number
695776, and specifically responding to the following:
[PJ[E(CfE~W'JEfD. ~~
COOAT OF CRIMiNAl APPEALS
JUN 2 6 2015
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1. Please state what files or records Okorie is still 1n
possession of regarding his representation of the applicant 1n
the primary case.
2. If Okorie IS no longer in possession of any file or records
regarding his representation of the applicant in the primary
case, then provide the date the file or records were destroyed
(or if Okorie does not know the exact date, then provide
counsel's general file retention/destruction policy).
3. Please describe any pre-trial discovery or investigation
into the applicant's case done by Okorie. If Okorie's
investigation or discovery was limited 1n any way, please
explain.
4. Please state whether Okorie believed it was necessary or
beneficial to file a motion to include a lesser-included offense
instruction and obtain a ruling in the instant case. (Please
explain the basis for this belief and if so, on what basis does
Okorie believe such a motion should have been filed, why one
was not filed, and what effect, if any, Okorie believes
additional motions would have had on the proceeding).
5. Please describe any conversations Okorie had with the
applicant regarding the applicant's right to testify or to not
testify.
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6. Please describe how Okorie prepared for trial 1n the
instant case.
The applicant's counsel Ken Okorie is ordered to file said
affidavit with the Post-Conviction Writ Division of the District Clerk's
Office, 1201 Franklin, Third Floor, Houston, Texas 77002, within
THIRTY DAYS of the signing of this Order.
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The Clerk of the Court is ORDERED to send a copy of this
Order to the applicant and to the State, and to serve copies of this
Order and the application to:
Ken Okorie
12003 Merewood Lane
Houston, Texas 77071-2413
When and as the affidavit ·of Ken Okorie is received, the Clerk
is ORDERED to send a copy o( said affidavit to the applicant, Arthur
Lamar Mitchell, #738709 - Darrington Unit, 59 Darrington Road,
Rosharon, Texas 77583; and a copy to Counsel for the State, Eva
Flores, Harris County District Attorney's Office, 1201 Franklin, Suite
600, Houston, Texas 77002 .
The Clerk of the Court IS ORDERED NQI to transmit at this
time any documents in the above-styled case to the Court of
Criminal Appeals until further ordered by this Court.
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'· ·•
By the following signature, the Court adopts the State's Proposed
Order Designating Issues and for Filing Affidavit in Cause Number
695776-A.
Signed this ~a day of ~uNc. ' 2015.
PRESIDING J~GE
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CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
June 22, 2015
DEVON ANDERSON
DISTRICT ATTORNEY
HARRIS COUNTY, TEXAS
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies of the documents indicated below concerning the Post Conviction Writ filed in
cause number 695776-A in the 185th District Court.
D State's Original Answer Filed
D Affidavit
D Court Order Dated
~ Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
Criminal Post Trial
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING
AFFIDAVIT
1201 FRANKLIN • P.O. Box 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REV: 0 I -02-04
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
June 22, 2015
KEN OKORIE
ATTORNEY AT LAW
12003 MEREWOOD LANE
HOUSTON, TEXAS 77071-2413
RE: ARTHUR LAMAR MITCHELL
CAUSE #695776-A
185TH DISTRICT COURT
Dear Sir:
Enclosed herewith please find a copy of the Court's Order wherein the court orders that
KEN OKORIE, Attorney at Law, file an affidavit in response to allegations made in the
petition for post conviction writ of habeas corpus in the above numbered and styled
cause.
Leslie Hernan ez,
Criminal Post Trial
Harris County District Cl k' ffice
Enclosure: Respondent's Proposed Order Designating Issues and Order for Filing
Affidavit, Respondent's Original Answer, Application for Writ of Habeas Corpus
CC: Kelly Reyes
1201 FRANKLIN • P.O. BOX 4651 • HOUSTON. TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REV. 01-02-04
CHRIS DANIEL
HARRIS COUNTY DISTRICT CLERK
June 22, 2015
ARTHUR LAMAR MITCHELL
#738709 LEBLANC UNIT
3695 FM 3514
BEAUMONT, TEXAS 77705
To Whom It May Concern:
Pursuant to Article 11.07 of the Texas Code of Criminal Procedure, please find enclosed
copies ofthe documents indicated below concerning the Post Conviction Writ filed in
cause number 695776-A in the 185th District Court.
D State's Original Answer Filed
D Affidavit
D Court Order Dated
cg) Respondent's Proposed Order Designating Issues and Order For Filing Affidavit.
D Respondent's Proposed Findings of Fact and Order
D Other
Leslie.Heman ez,
Criminal Post Trial
Enclosure(s)- STATE'S PROPOSED ORDER DESIGNATING ISSUES AND FOR FILING
AFFIDAVIT
1201 FRANKLIN • P.O. BOX 4651 • HOUSTON, TEXAS 77210-4651 • (888) 545-5577
PAGE I OF I REV: 01-02-04
Belinda Hill Criminal Justice Center
Interim First Assistant 1201 Franklin, Suite 600
Houston, Texas 77002-1901
HARRIS COUNTY DISTRICT ATTORNEY
DEVON ANDERSON
August 1, 2014
Chris Daniel, District Clerk
Harris County, Texas .
1201 Franklin
Houston, Texas 77002
Re: Ex parte ARTHUR LAMAR MITCHELL
No. 695776-A in the 185TH
District Court of Harris County, Texas·
Filing date: 07/23/14
)
Date copy of writ delivered to District Attorney's Basket: _ _ _ _ _ _~0~8/:..::0~l"-'/I4-~----
By: ERIN G BRYAN
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
AUG 0 5 20M
Date Received Assistant District Attorney
Harris County, Texas