ACCEPTED
03-15-00316-CR
7840148
THIRD COURT OF APPEALS
AUSTIN, TEXAS
11/16/2015 11:34:18 AM
JEFFREY D. KYLE
CLERK
No. 03-15-00316-CR
FILED IN
______________________________________________________
3rd COURT OF APPEALS
AUSTIN, TEXAS
11/16/2015 11:34:18 AM
In The Court Of Appeals JEFFREY D. KYLE
For The Third Court Of Appeals District Clerk
Austin, Texas
______________________________________________________
Heather Lauren Richards,
Appellant,
v.
The State of Texas,
Appellee.
______________________________________________________
ON APPEAL FROM THE 207th DISTRICT COURT, COMAL
COUNTY, TEXAS TRIAL COURT CAUSE NO. CR2014-091
______________________________________________________
APPELLANT’S MOTION TO SUPPLEMENT APPELLATE
RECORD
______________________________________________________
Amanda Erwin
State Bar No. 24042939
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Amanda@TheErwinLawFirm.com
Counsel for Heather Lauren Richards
Identity of Parties and Counsel
Appellant’s Appellate Counsel:
Amanda Erwin
The Erwin Law Firm, L.L.C.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Appellee:
Joshua Presley
Chief Appellate Prosecutor
Comal County Criminal District Attorney’s Office
150 N. Seguin, Suite 307
New Braunfels, Texas 78130
TO THE HONORABLE THIRD COURT OF APPEALS:
Pursuant to TEX. R. APP. P. 34.6(d), the Appellant, Heather Lauren
Richards, files this Motion to Supplement the Appellate Record.
Counsel for Appellant requests that the testimony of a State’s witness,
Amanda Chavira, from the trial of Appellant’s codefendant, Kayla Lardieri,
be included as part of the Appellate Record. Ms. Lardieri’s trial court cause
number was CR2014-090, and is now filed before the Honorable Court as
03-15-00247-CR. Ms. Chavira’s testimony is part of the appellate record in
03-15-00247-CR, and appears in the Reporter’s Record Volume 5 pages 68-
83. Counsel for Appellant requests this be included in the present Appellate
Record as it is relevant to Ms. Richard’s argument that trial counsel was
ineffective in not calling Ms. Chavira as a witness for the defense. Ms.
Chavira’s testimony directly impeaches the testimony of the codefendants
in Ms. Richards’s trial, and trial counsel filed a motion that is included in the
Clerk’s Record, on page 268, in which trial counsel states that Ms. Chavira’s
testimony is absolutely essential to the Defendant’s defense. Appellate
counsel agrees with said assessment, and asks that Ms. Chavira’s testimony
be included as part of the Appellate Record to effectively demonstrate this to
the Court.
Counsel for Appellant further requests that the testimony of a State’s
witness, Clint Barkley, from the trial of Appellant’s codefendant, Kayla
Lardieri, be included as part of the Appellate Record. Mr. Barkley’s
testimony is contained in Volume Four of the Reporter’s Record, pages 140-
148, in 03-15-00247-CR, and on page 144, states that he heard the alleged
victim be tased several times. In the Appellant’s case, on page 189 of
Volume 6, Mr. Barkley testified that he heard the alleged victim being tased
at least 12, many as many as 20 times. The State sent notice to the
Appellant dated June 25, 2015, contained in the Clerk’s Record on page 301,
that Mr. Barkley had an impeachable conviction for murder that was not
disclosed to trail counsel. Appellant requests Mr. Barkley’s contradictory
testimony from 03-15-00247-CR be included in the Appellate Record in the
present case to demonstrate the materiality of the State not disclosing Mr.
Barkley’s impeachable conviction.
All facts recited in this motion are within the personal knowledge of the
counsel signing this motion; therefore no verification is necessary under
Texas Rule of Appellate Procedure 10.2.
PRAYER FOR RELIEF
For the reasons set forth above, Appellant respectfully requests that this
Court allow for the Supplementation of the Appellate Record. Appellant
requests all other relief to which Appellant may be entitled.
Respectfully Submitted,
/s/ Amanda Erwin
The Erwin Law Firm, L.L.P.
109 East Hopkins Street, Suite 200
San Marcos, Texas 78666
Telephone: (512) 938-1800
Telecopier: (512) 938-1804
Attorney for Appellant
CERTIFICATE OF SERVICE
Pursuant to TEX. R. APP. P. 9.5, I certify that of November 16, 2015, a
copy of this motion was served via electronic service, to the following:
Joshua Presley
Chief Appellate Prosecutor
Comal County Criminal District Attorney’s Office
150 N. Seguin, Suite 307
New Braunfels, Texas 78130
preslj@co.comal.tx.us
/s/ Amanda Erwin
Amanda Erwin