WR-84,028-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/21/2015 6:25:05 PM
Accepted 10/22/2015 8:21:53 AM
No. W-08-00678-A ABEL ACOSTA
CLERK
EX PARTE § IN THE COURT OF
§ CRIMINAL APPEALS
RECEIVED
WALTER DAVIS § OF TEXAS COURT OF CRIMINAL APPEALS
10/22/2015
ABEL ACOSTA, CLERK
CORRECTED MOTION TO REMAND
FOR EVIDENTIARY HEARING
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW, WALTER DAVIS, Petitioner, and makes the
following request for relief:
1.
This is a postconviction habeas corpus petition. Petitioner was
convicted of the offense of burglary of a habitation with intent to
commit a felony and punishment was assessed at 40 years
imprisonment in cause no. F08-00678-U, pending in the 291st District
Court of Dallas County, the Hon. Susan Hawk, then-judge, presiding.
Petitioner originally filed his application pro-se, but later
retained the undersigned counsel. The parties had been discussing a
suitable date for a hearing on this application and had tentatively set a
date of November 23, 2015. Unbeknownst to counsel, the clerk of the
trial court on or about October 13, 2015 sent the file to this Court.
_______________________________________________________________
Motion to Remand for Evidentiary Hearing
Page 1 of 3
2.
The parties intended to conduct an evidentiary hearing in this
case before a special master and intended that findings of fact and
conclusions of law be prepared. No party instructed or asked the trial
court to send the file to this Court before those events occurred.
Therefore, Petitioner prays that the Court remand the case to the trial
court so that an evidentiary hearing may be held and that the case
proceed from there according to TEX. CODE CRIM. PROC. art 11.07.
WHEREFORE, Petitioner prays that his motion be in all respects
granted.
Respectfully submitted,
/s/ John D. Nation
John D. Nation
State Bar No. 14819700
4925 Greenville Ave., Suite 200
Dallas, Texas 75206
214-800-5160
214-800-5161 (facsimile)
nationlawfirm@gmail.com
Faith S. Johnson
State Bar No. 18367550
5201 N. O’Connor Blvd., Suite 500
Irving, Texas 75039
972-401-3100
972-401-3105 (fax)
fjassociates@att.net
_______________________________________________________________
Motion to Remand for Evidentiary Hearing
Page 2 of 3
Lisa Fox
State Bar No. 07334950
6565 N. McArthur Blvd., Suite 225
Irving, Texas 75039
214-432-1095
972-401-3105 (fax)
Attorneys for Petitioner
CERTIFICATE OF SERVICE
This is to certify that I have served a true copy of this motion on
Hon. Christine Womble, Assistant District Attorney, Dallas County,
Frank Crowley Courts Bldg., 133 N. Riverfront, Dallas, Texas 75208,
via the electronic filing system on this 21st day of October 2015.
/s/ John D. Nation
John D. Nation
_______________________________________________________________
Motion to Remand for Evidentiary Hearing
Page 3 of 3
Davis, Walter Eugene
Combined Opinion