AP-77,047
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 7/16/2015 11:53:02 AM
July 16, 2015 Accepted 7/16/2015 11:57:19 AM
ABEL ACOSTA
NO. AP-77,047 CLERK
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
________________________________
KENNETH WAYNE THOMAS,
Appellant
v.
THE STATE OF TEXAS,
Appellee
________________________________
STATE’S FIRST MOTION TO EXTEND THE TIME TO FILE BRIEF
________________________________
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
THE STATE OF TEXAS, by and through the Criminal District Attorney of
Dallas County, respectfully requests that the time for filing its brief in this cause be
extended. In support of this motion, the State would show the following:
I.
Appellant is confined pursuant to the judgment and sentence of the 194th
Judicial District Court of Dallas County, convicting him of the capital murder of
Mildred Finch. On July 23, 2014, the jury answered the special issues so as to
support the imposition of a death sentence, and the trial court sentenced him to
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death. Appeal to this Court is automatic. After requesting three extensions,
Appellant’s brief was filed on June 22, 2015. The deadline for filing the State’s
brief is July 22, 2015. The State has requested no previous extensions in this case.
II.
The State respectfully requests that the Court extend the deadline for the
filing of the State’s brief for 120 days, until November 19, 2015.
III.
The State would show the Court that a reasonable explanation exists for the
requested 120-day extension. The undersigned counsel manages an extensive
capital and non-capital docket. Since the reporter’s record was filed in this case,
the undersigned has been responsible for the following:
- Preparing, researching, and drafting the State’s brief in a death
penalty case, Matthew Lee Johnson v. State of Texas (filed
December 29, 2014);
- Preparing, researching, and presenting oral argument in the Court
of Criminal Appeals in a death penalty case, Matthew Lee Johnson
v. The State of Texas (March 18, 2015);
- Preparing and filing the State’s Proposed Findings of Fact and
Conclusions of Law in Ex parte James Berkeley Harbin;
- Preparing and filing the State’s Objections to the Trial Court’s
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Findings of Fact and Conclusions of Law in Ex parte James
Berkeley Harbin;
- Preparing and filing the State’s Motion for Rehearing in Ex parte
James Berkeley Harbin;
- Preparing and appearing to present evidence in Ex parte Anthony
Eugene Johnson;
- Preparing and filing the State’s Proposed Findings of Fact and
Conclusions of Law in Ex parte Anthony Eugene Johnson;
- Preparing and filing the State’s Objections to the Trial Court’s
Findings of Fact and Conclusions of Law in Ex parte Anthony
Eugene Johnson;
- Extensive investigation and research into case in connection with
potential post-conviction litigation;
- Preparing and appearing for multiple hearings in connection with
Appellant Kenneth Thomas’s initial application for writ of habeas
corpus;
- Researching and preparing to assist in presentation of workshop at
an Actual Innocence seminar;
- Drafting and filing the State’s response to numerous non-capital
applications for writs of habeas corpus; and,
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- Drafting and filing the State’s Proposed Findings of Fact and
Conclusions of Law in connection with multiple non-capital
applications for writs of habeas corpus.
Since Appellant’s brief was filed, the undersigned has been responsible for
the following:
- Preparing the State’s trial file for open file review in a death
penalty case, Ex parte Matthew Lee Johnson (on-going);
- Preparing to present a workshop at the upcoming Crimes Against
Children Conference;
- Preparing and appearing to present evidence in Ex parte Octavio
Gonzalez;
- Preparing and filing the State’s response to seven non-capital
applications for writs of habeas corpus; and,
- Preparing and filing the State’s Proposed Findings of Fact and
Conclusions of Law in connection with 3 non-capital applications
for writs of habeas corpus.
The undersigned was also out of the office for several days following
the death of a close family member on June 19, 2015.
In the upcoming months, the undersigned is responsible for the following:
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- Preparing and filing the State’s brief in a capital case wherein the
State did not seek the death penalty, William Gerard Palmer v. The
State of Texas;
- Preparing and appearing to present evidence in connection with the
following non-capital applications for writs of habeas corpus:
Ex parte Adolfo Maturino;
Ex parte Daniel Perez (two dates);
Ex parte Kevin Stern;
Ex parte Jerrell Dittman;
Ex parte Carlos Norris;
Ex parte Candelario Holguin; and,
Ex parte Andrew Roark;
- Preparing and filing the State’s response to non-capital
applications for writs of habeas corpus;
- Preparing and filing the State’s Proposed Findings of Fact and
Conclusions of Law in connection with non-capital applications for
writs of habeas corpus; and,
- Drafting and filing the State’s Response to application for writ of
habeas corpus in a death penalty case, Ex parte Matthew Lee
Johnson.
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IV.
Appellant has filed a 160-page brief presenting 67 issues for review
regarding the pre-trial phase (which included a competency trial) and the
punishment phase. The reporter’s record consists of 72 volumes. Appellant raises
36 issues regarding the selecting and seating of the jury, therefore a review of the
entire voir dire record is required in addition to review of the competency trial and
trial on punishment.
V.
For all of the foregoing reasons, counsel respectfully requests that the Court
extend the deadline for filing the State’s brief until November 19, 2015 (120
days).
WHEREFORE, PREMISES CONSIDERED, the State respectfully requests
that the Court extend the deadline for filing the State’s brief until November 19,
2015 (120 days).
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Respectfully submitted,
Susan Hawk Christine Womble
Criminal District Attorney Assistant District Attorney
Dallas County State Bar No. 24035991
Frank Crowley Courts Bldg
133 N. Riverfront Blvd., LB-19
Dallas, Texas 75207-4399
(214) 653-3625 phone
(214) 653-3643 fax
CWomble@dallascounty.org
CERTIFICATE OF SERVICE
I certify that a true copy of this motion was served on John Tatum, counsel
for Appellant, 990 South Sherman Street, Richardson, Texas, 75081, via email and
e-service on July 16, 2015.
Christine Womble
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