WR-84,275-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/1/2015 2:11:46 PM
Accepted 12/2/2015 9:44:46 AM
NO. __________ ABEL ACOSTA
CLERK
EX PARTE RECEIVED
COURT OF CRIMINAL APPEALS
12/2/2015
LAWRENCE RAY DIRDEN II ABEL ACOSTA, CLERK
IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF
TEXAS
DEFENDANT’S MOTION FOR LEAVE TO FILE
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
Comes now Lawrence Ray Dirden II, applicant in the above-entitled
and numbered cause, and respectfully moves this Court pursuant to
Texas Rule of Appellate Procedure 72.1 to grant leave to file the
accompanying original petition for writ of habeas corpus.
Respectfully submitted,
By: /s/ Cole B. Combs
Richard R. Burroughs
Texas Bar No. 03464800
Cole B. Combs
Texas Bar No. 24097595
Email: cole@rburroughslaw.com
209 E. Hanson
P.O. Box 1676
Cleveland, Texas 77328-1676
Tel. (281) 592-5234
Fax. (281) 592-1029
Attorney for Lawrence Ray Dirden II
Page 1 of 5
NO. __________
EX PARTE
LAWRENCE RAY DIRDEN II
IN THE COURT OF CRIMINAL APPEALS OF THE STATE OF
TEXAS
DEFENDANT’S PETITION FOR WRIT OF HABEAS CORPUS
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL
APPEALS:
LAWRENCE RAY DIRDEN II, petitioner, files this petition for writ of
habeas corpus. In support of this motion, applicant shows the Court the
following:
1. Applicant is currently being illegally restrained in his liberty due
to the actions of District Judge Kelly W. Case and District Judge
Lisa Michalk, respondents.
2. Applicant is being restrained by virtue of an arrest warrant issued
by District Judge Kelly W. Case, based on the Montgomery County
District Attorney’s motion to revoke probation, a copy of which is
attached to this petition as Exhibit A.
3. This restraint is unlawful because on 10 NOVEMBER 2015 the
undersigned counsel filed a motion for a prompt revocation hearing,
Page 2 of 5
in accordance with Article 42.12, § 21(b) of the Texas Code of
Criminal Procedure. The 20 day deadline to hold a revocation
hearing has now passed, yet Petitioner is still being held.
4. Petitioner filed an original petition for writ of habeas corpus in the
9th District Court which was denied by District Judge Lisa Michalk
on 01 DECEMBER 2015, a copy of which is attached as Exhibit B.
5. The petitioner is entitled to habeas corpus relief based on the facts
alleged in this application because the Court is compelled by law
either hold a hearing within the 20 day window or release
Petitioner. Aguilar v. State, 621 S.W.2d 781, 785 (Tex. Crim. App.
1981).
WHEREFORE, petitioner prays that this Court grant this application for
writ of habeas corpus and order petitioner discharged from the illegal
restraint he is currently suffering.
Respectfully submitted,
By: /s/ Cole B. Combs
Richard R. Burroughs
Texas Bar No. 03464800
Cole B. Combs
Texas Bar No. 24097595
Email: cole@rburroughslaw.com
209 E. Hanson
P.O. Box 1676
Page 3 of 5
Cleveland, Texas 77328-1676
Tel. (281) 592-5234
Fax. (281) 592-1029
Attorney for Lawrence Ray Dirden II
CERTIFICATE OF SERVICE
This is to certify that on 01 DECEMBER 2015 a true and correct copy of
this petition, writ, and order were served on the Montgomery County
District Attorney’s Office by fax to: 936-760-6940.
/s/ Cole B. Combs
Page 4 of 5
Def. Exhibit A
Def. Exhibit B