WR-47,593-02
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 2/17/2015 9:08:59 AM
No. WR-47,593-02 Accepted 2/17/2015 9:50:20 AM
ABEL ACOSTA
IN THE COURT OF CRIMINAL APPEALS CLERK
OF TEXAS, AT AUSTIN RECEIVED
COURT OF CRIMINAL APPEALS
2/17/2015
ABEL ACOSTA, CLERK
Ex parte Randal Franklin Caraway
Applicant
Habeas Corpus Proceeding under Article 11.07, et seq., C.Cr.P., in Case
Number 19072B, from the 91st District Court of Eastland County
Motion to Stay Proceedings
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, Randal Franklin Caraway, Applicant in the
above styled and numbered cause, and respectfully files this
“Motion to Stay Proceedings,” and would show the Court that on
August 8, 2014, the convicting court entered its findings of fact
and conclusions of law, which were subsequently forwarded to this
Court by the District Clerk of Eastland County and received by the
Clerk of this Court on August 15, 2014. Applicant would show the
Court that notice of this filing was not received by the undersigned
from either the District Clerk of Eastland County or the Clerk of
this Court.
Applicant, due to the failure to receive any notice of the trial
court’s actions, has not obtained a copy of the habeas court’s
findings and conclusions and has not, therefore, been able to
review and / or respond to the findings. Applicant wishes to
consider and respond to those findings prior to any action by this
Court. Applicant has, in the original memorandum, stated facts
which, if true, would entitle him to relief.
The undersigned Counsel for Applicant will be out of their
office on February 17 and 18 for a hearing in Webb County, and
will be unable to begin work on this project until February 19,
2015. The undersigned would show the Court that, due to their
current schedule, the failure to receive notice that findings and
conclusions had been filed, and the need to calendar the review of
the findings, a Stay of Proceedings for at least thirty (30) days is
required.
Prayer
WHEREFORE PREMISES CONSIDERED, Appellant prays this
Honorable Court to grant this request in all things and stay all
proceedings in this Court for thirty (30) days pending Counsels’
review of the trial court’s findings and submission of his
objections, if necessary.
Respectfully submitted,
_______________________________
John G. Jasuta
Attorney at Law
Post Office Box 783
Austin, Texas 78767-0783
eMail: lawyer1@johngjasuta.com
Tel. 512-474-4747
Fax: 512-532-6282
State Bar No. 10592300
________________________________
David A. Schulman
Attorney at Law
Office Box 783
Austin, Texas 78767-0783
zdrdavida@davidschulman.com
Tel. 512-474-4747
Fax: 512-532-6282
State Bar Card No. 17833400
Attorneys for Applicant
Randal Franklin Caraway
Certificate of Compliance and Delivery
This is to certify that: (1) this document, created using
WordPerfect™ X6 software, contains 400 words, excluding those
items permitted by Rule 9.4 (i)(1), Tex.R.App.Pro., and complies
with Rules 9.4 (i)(2)(B) and 9.4 (i)(3), Tex.R.App.Pro.; and (2) on
February 17, 2015, a true and correct copy of the above and
foregoing “Motion to Stay Proceedings” was transmitted via the
eService function on the State’s eFiling portal, to Russ Thomason
(russt@eastlandcountytexas.com), counsel for the State of Texas.
______________________________________
John G. Jasuta