AP-77,047
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
May 15, 2015 Transmitted 5/14/2015 7:41:14 PM
Accepted 5/15/2015 7:52:05 AM
ABEL ACOSTA
NO. AP-77,047 CLERK
KENNETH THOMAS () IN THE COURT OF
()
VS. () CRIMINAL APPEALS
()
THE STATE OF TEXAS () OF TEXAS
MOTION FOR EXTENSION OF TIME TO FILE BRIEF
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COMES Appellant in the above-styled and numbered cause, and,
pursuant to Rule 38.6 and Rule 10.5(b) Texas Rules of Appellate Procedure,
submits this Motion requesting that the Appellant be granted additional time
in which to file the brief in the above-styled and numbered cause, and in
support of same would show the Court the following:
I.
(a) Trial Court Designation: 194TH Judicial District Court
Cause Number: F86-85539-M
(b) Offense: Capital Murder
Punishment: Death
© Date of extension sought for June 19th, 2015
brief:
(f) Number of prior extensions: 2
(g) Facts relied upon to support extension:
Appellant’s counsel requests the additional time to complete this death
penalty appellate brief. The brief is currently 85% completed. The testimony
has been summarized for the initial draft of the brief. There is still required
legal research needed to determine the issues that are viable for
presentation. In particular this case presents unusual issues concerning a jury
trial on competency that was conducted during the retrial of the punishment
issues involved in this case and the case of Hall v. Florida was handed down
by the Supreme Court of the United States concerning intellectual disability
as applied in death penalty cases. This Supreme Court case affected the
individual voir dire procedure and charge to the jury as a special issue of
intellectual disability that was submitted to the jury.
Appellant’s counsel is doing extensive research to present these issues
concerning intellectual disability with the most up to date legal discussion
possible in the brief for Appellant. Counsel has sought out additional legal
research help on the intellectual disability issue and is expecting to receive
that research in two weeks.
Since the last request for extension, new writ counsel, Appellant
counsel and State’s counsel have found and by trial court order unsealed 3
volumes of Reporter’s Record and have found an unnamed sealed motion
that was denied by the trial court after verdict. Appellate counsel, writ and
State’s counsel have agreed to unseal and review these items to see if these
are relevant to direct appeal or post conviction writ. This appeal contains an
unusually high number of voir dire and Batson issues. Additionally the
competency jury trial has added to the issues and research needed to
complete Appellant’s brief.
Appellant’s counsel requests additional time to complete research of
possible points of error and final draft of brief to be submitted on behalf of
Appellant. Counsel has spoken to the State’s assistant district attorney, Ms.
Christine Womble on May 14, 2015 and she has no objection to this limited
extension of time to file Appellant’s brief. Counsel believes a final draft of
Appellant’s brief will be filed within the time requested herein.
II.
The Appellant has been diligent in pursuing this appeal and is not
seeking this extension for purposes of delay.
WHEREFORE, PREMISES CONSIDERED, Appellant prays that this
Motion be granted.
Respectfully submitted,
/s/ John Tatum
John Tatum
990 S. Sherman Street
Richardson, Texas 70581
(972) 705-9200
Fax #: (972) 690-9901
State Bar No. 19672500
CERTIFICATE OF SERVICE
I hereby certify that a copy of this Motion has been delivered to Susan
Hawk, Dallas County District Attorney, or to her Assistant District Attorney in
the Appellate Section assigned to this case, at 133 North Riverfront, 11th
floor, Frank Crowley Criminal Courts Building, Dallas, Texas 75207, on this
the 13th day of April 13, 2015.
/s/ John Tatum
John Tatum
CERTIFICATE OF COMPLIANCE
I certify that this submitted e-mail attachment to file Motion for Extension
of Time to File Brief 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 Extend Time
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/ John Tatum 5/14/15
(Signature of filing party and date)
John Tatum
(Printed name)
John Tatum, Attorney at Law
Emailed Copy of Motion