WR-63,871-03
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 8/28/2015 1:27:53 PM
Accepted 8/28/2015 3:52:31 PM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
FOR THE STATE OF TEXAS
AUSTIN, TEXAS RECEIVED
COURT OF CRIMINAL APPEALS
8/28/2015
ABEL ACOSTA, CLERK
EX PARTE §
§
§ NO. WR-63,871-03
§
TIMOTHY RANDAL THOMPSON §
MOTION TO REMAND TO TRIAL COURT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
NOW COMES TIMOTHY RANDAL THOMPSON, Applicant, and files this
Motion to Remand to Trial Court and would show this Court the following:
I.
This application for a writ of habeas corpus was recently forwarded to this Court.
The claims raised in the application concern the ineffective assistance of Applicant’s
trial and appellate attorneys. One of the claims concerns the failure of Applicant’s trial
attorneys to adequately investigate the alleged crime and develop evidence that
Thompson fired a number of warning shots, which would have corroborated
Thompson’s testimony and contradicted the testimony of the state’s crime scene
investigator.
Motion to Remand to Trial Court - Page 1
II.
The claim concerning the failure to adequately investigate the crime scene and
develop evidence that Thompson fired a number of warning shots inferentially contains
a claim that the state’s crime scene investigator committed perjury at Applicant’s trial.
The perjury of the crime scene investigator amounts to a violation of Applicant’s due
process rights as explained in Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App.
2009).
III.
Applicant did not raise a separate Chabot claim in his application for a writ of
habeas corpus. The trial court’s findings do not address the inferential Chabot claim
contained within the ineffective assistance claim concerning the failure to investigate
and develop evidence that Applicant fired warning shots. Applicant therefore requests
that this writ application be remanded to the trial court so that Applicant can file a
supplemental writ application explicitly raising a claim under Ex parte Chabot, 300
S.W.3d 768 (Tex. Crim. App. 2009).
FOR THE ABOVE REASONS, Applicant respectfully asks that this case be
remanded to the trial court.
Applicant’s Objections to Trial Court’s Order Adopting State’s Amended Proposed Memorandum, Findings
of Fact and Conclusions of Law - Page 2
Respectfully submitted,
/s/ Robert N Udashen
ROBERT N. UDASHEN, P.C.
Bar Card Number 20369600
BRUCE ANTON
Bar Card Number 01274700
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road, Suite 250
Dallas, Texas 75201
(214) 468-8100
(214) 468-8104 fax
Attorneys for Applicant
CERTIFICATE OF SERVICE
A copy of the attached Motion to Remand to Trial Court was electronically
delivered to the Tarrant County Criminal District Attorney’s Office, Appellate Division,
401 West Belknap, Fort Worth, Texas 76196, on August 27, 2015.
/s/ Robert N Udashen
ROBERT N. UDASHEN, P.C.
Motion to Remand to Trial Court - Page 3