AP-77,047
COURT OF CRIMINAL APPEALS
FILED IN
AUSTIN, TEXAS
COURT OF CRIMINALAPPEALS Transmitted 5/14/2015 7:43:45 PM
Accepted 5/15/2015 7:52:50 AM
May 15,2015 ABEL ACOSTA
NO. AP-77,047 CLERK
ABELACOSTA. CLERK
IN THE
COURT OF CRIMINAL APPEALS
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OF TEXAS j
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KENNETH THOMAS
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Appellant
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VS.
THE STATE OF TEXAS
Appellee
APPEALING THE TRIAL COURT'S CAPITAL JUDGMENT
ASSESSING THE DEATH SENTENCE BASED ON JURY VERDICT
OF GUILTY AND ANSWERS TO SPECIAL ISSUES
IN CAUSE NUMBER F86-85539-M FROM THE 194^® JUDICIAL
DISTRICT COURT OF DALLAS COUNTY, TEXAS
THE HONORABLE ERNEST B. WHITE, HI, JUDGE PRESIDING
MOTION TO SUPPLEMENT
THE REPORTER'S RECORD
COMES NOW KENNETH THOMAS, by and through his
appointed attorney on appeal, John Tatum, and respectfully submits this Motion to
Supplement the Reporter's Record in the above entitled and numbered cause. In
support of this Motion, Appellant would show this Honorable Court the following:
I.
The Defendant, Kenneth Thomas, pleaded not guilty to the charge of
Capital Murder before the Honorable Emest B. White, Judge Presiding of the
194^^ Judicial District Court of Dallas County and a jury. The jury found the
Defendant guilty and punishment was assessed at death by lethal injection.
II.
The Reporter's Record has been filed in this cause.
III.
Appellant has raised issues of prejudice in the admission into
evidence of autopsy photographs introduced at trial. State's Exhibits Nos. 58-83.
The original color photographs were placed into evidence before the jury and are
necessary to aid this Court in resolving the issues raised on appeal to the Court of
Criminal Appeals.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that
this Court will grant his Motion to Supplement the Reporter's Record in this
Cause.
Respectfully submitted,
/s/ John Tatum
JOHN TATUM
990 SOUTH SHERMAN STREET
RICHARDSON, TEXAS 75081
(972) 705-9200
BAR NO. 19672500
CERTIFICATE OF SERVICE
I, JOHN TATUM, do hereby certify that a true and correct copy of
the foregoing Motion to Supplement the Record was delivered to Susan Hawk,
Criminal District Attomey, Appellate Section, 11th floor, Frank Crowley Criminal
Courts Building, Dallas, Texas 75207, on this day of May, 2015.
Is/ John Tatum
John Tatum
CERTIFICATE OF COMPLIANCE
I certify that this submitted e-mail attachment to file Motion to
Supplement complies with the following requirements of the Court:
1. The petition is submitted by e-mail attachment;
2. The e-mail attachment is labeled with the following
information:
A. Case Name: Kenneth Thomas
B. The Appellate Case Number: 77,047
C. The Type of Document: Motion to Supplement Record
D. Party for whom the document is being submitted: Appellant
E. The Word Processing Software and Version Used to
Prepare the Motion :
Word Perfect X7
3. Copies have been sent to all parties associated with this
case.
/s/JohnTatum 5/14/15
(Signature of filing party and date)
John Tatum
(Printed name)
John Tatum, Attorney at Law
Emailed Copy of Motion