BRIAN KEITH GORHAM
EASTHAM UNIT 199B550
2665 PRISON ROAD ONE
LOVELADY, TX 75B51
December 12, 2017
COURT OF CRIMINAL APPEALS
P.O. BOX 12308 CAPITOL STATION
AUSTIN, TX 78711
RE: EMERGENCY MOTION TO STAY
CCA NO. WR-8<*,6:#-03
Dear Clerk:
Relator/Movant has encloseddthe original "Emergency Motion to Stay" for
presentment to this Honorable Court. Believing in good faith that this task
will be done and a ruling will be had--] uithin 10 days of receipt. Relator/
movant is also requesting for this Clerk to file date stamp the attached copy
of this letter and return it at the address listed above. Thank you for your
time in this matter.
Regerds,
(Uifl/w V- )JUU^^
BRIAN K.'GORHAM
RECEIVED IN
COURT OF CRIMINAL APPEALS
DEC 19 201?
Deana Williamson, Clerk
BRIAN KEITH GORHAM
EASTHAH UNIT 1998550
2665 PRISON ROAD ONE
LDVELADY, TX 75B51
DecsnaBr 12, .2017 -
COURT OF CRIMINAL APPEALS !
P.O. BOX 12.VJS CAPITOL STATION -t
AUSTIN, TX 78711 .. ..-.'
RE: EMERGENCY MOTION TO STAY
CCA N0.[,WRr8V,67<'-03 • -
: . \trt\$A
.. , \ ..'^- "** • .\;
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Dear Clerks.' •v--'. '•'••v "-S'Ai-i
' ' "•""-, ••-,' *-y,:
Relator/Movent;haa enoloaaeWtha original •'Emergency Notion to Stay" for
presentment, to thie.-Honarable Court- Believing in good faith that this taak._£
tdlll be done.and a .ruling ulll be.toada within 10 daye of receipt. Relator/ :
movant la alep requesting for this Clerk to f11a dete etemp the attached copy
of thie letter and return It at the address listed above. Thank you for your,
time in thie' matter,.
Regards,
BRIAN K. GORHAM
' ' •• if
CCA NO. UR-B4,647-03
TRIAL COURT NO. 2012 CR10383-U1
EX PARTE § IN THE COURT OF
§ CRIMINAL APPEALS
BRIAN KEITH GORHAM § AUSTIN, TEXAS
MOTION REQUESTING LEAVE TO FILE MOTION TO STAY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, Brian Keith Gorham, Movant Pro Se in the above styled and numbered
cause with this MOTION REQUESTING LEAVE TO FILE MOTION TO STAY pursuant to Tex.R.App.
Proc. 72.1 and/or 72.2.
I.
Movant seeks permission from this Court to file ad!MDTI0N TO STAY as Movant
has no other remedy by appeal.
II.
Movant proceeds Pro Se and is a layman of the law, unskilled and without training
in the drafting of legal papers. Therefore, he is entitled to a less stringent standard
than those pleadings filed by lawyers. Haines v. Kerver, 404 U.S.519, 520(1972); H
Hernandez v. Thaler, 630 F.3d 420, 426-27 (5th Cir. 2011).
PRAYER
WHEREFORE, Movant prays this Court grant this MOTION TO .SJflY allowing Movant's
Motion to Stay to be considered.
UN5UJ0RN DECLARATION
I, Brian Keith Gorham, do declare that this document is true and correct and
swear under penalty of perjury to the facts herein.
Executed pn this the Ip^day of \$T&whjA, 2017.
Movant Pro Se
(1)
CCA NO. ^R-84,647-03
TRIAL COURT NO. 2012-CR-103B3-U1
EX PARTE § IN THE CDURT QF
§ CRIMINAL APPEALS
BRIAN KEITH GORHAM ' § AUSTIN, TEXAS
EMERGENCY MOTION TO STAY
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, BRIAN KEITH GORHAM, Relator, Pro Se, in the styled and numbered cause of
action and files this Motion to Stgay pursuant to Tex.R.App.Proc. 52.10(a) and will
show thesCourt the following:
On August 23, 2D17, this Court ordered the 175th District Court of BexarxCounty to
further develop the record in Applicant's! 11.07 Writ of habeas corpus. ThisE order stated
in pertinent,
"The trial court shall order trial counsel to respond again to the above claims and
elaborate on his strategy and reasoning."
The trial Court did this and made her "Supplemental Order" including Facts Finding and
Conclusions of Law on November 3D, 2017, 'within the prescribed time allotted by this Court.
Relator didr* NOT receive a copy of the "Supplemental Order" until December 12, 2017, this
can be verified throughtthe prison legal mailroom.
Relator believes under Tex.R.App.Proc. 73.4(b)(2) stating in- pertinent "a party has
10 days from the date he receives the findings to file objections, ..." Movant is notifying
the Courts that objection will be made within the 10 days and requests that the Court of
Criminal Appeals stay any proceedings in it's decision making untilrrisuch objections are
received. Relator believes that there could be a decision in this case due to the delay
in reception of the "Supplemental Order" and between the time to concoct and mail to the
Court and respectfully requests temporary relief by stay until objections are submitted
and reviewed.
PRAYER
FOR ALL THESE REASONS, Mr. Brian Keith Gorham, respectfully prays this Honorable
Court of Criminal Appeals GRANT this EMERGENCY MOTION TO STAY allowing Applicant to file
objections to the 175th Dist. Courts "Supplemental Order" Facts Finding and Conclusions
of Law.
(1)
CERTIFICATE OF SERVICE
I hereby certify that on this 12th day of December, 2017, a true and correct carbon
copy of the above foregoing Emergency Motion to Stay was transmitted to the District
Clerk of Bexas County. 101 U. Nueva, Suite 217, San Antonio, Texas 7B205.
Relator
DECLARATION
I, Brian Keith Gorham, TDCJ/CID # 1998550, being presently incarcerated in
the Eastham Unit of the Texas Department of Criminal Justice against my will, in Houston
County, Texas, verify and declare under penalty of perjury that the foregoing statements
are true and correct.
Executed o nthis \iy day of [^/CgM^Wv , 2017.
ORDER
On this the of , 2017, came to be heard Relator's EMERGENCY
MOTION TO STAY and said motion is hereby:
( ) GRANTED ( ) DENIED
Signed this , day of , 2017.
JUDGE PRESIDING
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