PD-0572-14, PD-0573-14
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
March 3, 2015
Transmitted 3/3/2015 11:14:52 AM
Accepted 3/3/2015 12:23:11 PM
ABEL ACOSTA
NOS. PD-0572-14 & PD-0573-14 CLERK
PATRICIA DONALDSON § IN THE COURT OF CRIMINAL
VS. § APPEALS FOR THE STATE
THE STATE OF TEXAS § OF TEXAS AT AUSTIN
ON APPEAL FROM THE
ND
282 JUDICIAL DISTRICT COURT
OF DALLAS COUNTY, TEXAS
IN CAUSE NOS. F10-00433-S & F10-00435-S
FOR THE FIFTH DISTRICT OF TEXAS
AT DALLAS IN CAUSE NOS. 05-13-00598-CR & 05-13-00599-CR
MOTION TO WITHDRAW AS APPOINTED COUNSEL
ON PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE JUDGES OF SAID COURT:
COMES NOW the undersigned attorney, Kathleen A. Walsh, on behalf of
the Dallas County Public Defender’s Appellate Division and moves to withdraw
as appointed counsel on the Petition for Discretionary Review in this case. In
support of this motion, the undersigned attorney would show the Court the
following:
I.
On February 4, 2015, this Court granted Appellant’s pro se petition for
discretionary review and issued an Order to Determine Representation to the trial
court. Pursuant to that order, the trial court appointed the Dallas County Public
Defender’s Appellate Division to represent Appellant on her petition for
discretionary review. See Appendix A.
II.
The undersigned attorney represented Appellant on her appeal in these
cases. After reviewing the opinion from the court of appeals and the applicable
law, the undersigned attorney declined to file a petition for discretionary on
Appellant’s behalf. During the course of my representation on the appeal,
Appellant continually expressed great dissatisfaction with the work which was
done on her behalf.
In view of my legal analysis of Appellant’s cases and subsequent decision
not to file a petition for discretionary review, together with Appellant’s extreme
dissatisfaction with our office’s representation of her on appeal, the undersigned
attorney has formed the opinion that Appellant would be best served by having an
attorney appointed to represent her on the petition for discretionary review who is
not a member of the Dallas County Public Defender’s Office.
IV.
This Motion is not brought for purposes of delay but is brought to ensure
that Appellant receives the effective assistance of counsel on the petition for
discretionary review.
WHEREFORE, PREMISES CONSIDERED, the Appellant respectfully
requests that this Court grant the Motion to Withdraw as Appointed Counsel on
Petition for Discretionary Review and enter an order requiring the trial court to
appoint substitute counsel to represent Appellant.
Respectfully submitted,
Lynn Richardson /s/ Kathleen A. Walsh
Chief Public Defender Kathleen A. Walsh
Dallas County Assistant Public Defender
State Bar No. 20802200
133 N. Riverfront Blvd., LB-2
Dallas, TX. 75207-4399
(214) 653-3550 (telephone)
(214) 653-3539 (fax)
kwalsh@dallascounty.org
CERTIFICATE OF SERVICE
I hereby certify that a true copy of the foregoing motion was served on
Alexis Hernandez, Assistant District Attorney on the 3rd day of March, 2015 by
electronic transmission to Alexis.Hernandez@dallascounty.org.
/s/ Kathleen A. Walsh
Kathleen A. Walsh
APPENDIX A