?s,W -fiZ DENISE COLLINS Judge, 208th District Court 1201 Franklin Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219 Mona Natemeyer Court Coordinator In the Court of Criminal Appeals at Austin RECEIVED IN Writ No. WR-75-780-02 COURT OF CRIMINAL APPEALS No. 1087429-B In the 208th District Court JUN 18 2015 of Harris County, Texas Ar0©!AoQS£ssGterk Ex parte Kurt Andre Miles Trial Court's Request for Extension To Supplement Habeas Record on Remand The 208th District Court of Harris County, Texas, moves the Honorable Court of Criminal Appeals to grant a first extension of time to comply with its remand order (dated March 18, 2015) to conduct factual investigation for the instant application for writ of habeas corpus in the above-captioned cause and will show the following in support thereof: On March 28, 2013, habeas counsel George Parnham filed an application for writ of habeas corpus in cause number 1087429-B on behalf of the applicant. The DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 770O2 (713)755-6374 Fax:(713)368-9219 Mona Natemeyer Court Coordinator State was served with the application on May 8, 2013. On May 23, 2013, the State filed a motion requesting designation of issues in cause number 1087429-B. On June 4, 2013, this Court entered an order designating issues needing to be resolved in cause number 1087429-B. On April 21, 2014, the State filed an answer and proposed order designating issues and for filing affidavit in cause number 1087429-B. On May 30, 2014, this Court entered an order designating issues needing to be resolved in cause number 1087429-B and ordering trial counsel Wilfred Anderson submit an affidavit concerning his representation of the applicant. On October 29, 2014, the State filed proposed findings and conclusions of law in cause number 1087429-B. On January 30, 2015, this Court entered findings of fact and conclusions of law in cause number 1087429-B. On March 18, 2015, the Court of Criminal Appeals issued an unpublished order remanding the instant cause to this Court in writ number WR-75,780-02 and ordering that this Court resolve factual issues by, among many options, obtaining affidavits or conducting an evidentiary hearing to address the applicant's factual claims of ineffective DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219 Mona Natemeyer Court Coordinator assistance of counsel in trial. Ex parte Miles, No. WR-75,780-02 (Tex. Crim. App. March 18, 2015). The Court of Criminal Appeals' remand order required the trial court to resolve factual issues byJune 16, 2015, and supplement the habeas record byJuly 16, 2015. On April 24, 2015, the State filed a motion requesting order for filing affidavit in cause number 1087429-B. On this same date, this Court entered an order for trial counsel Wilfred Anderson to again file an affidavit concerning his representation of the applicant. Unforeseen flooding in Houston in late May, difficulty locating the appellate record, and family circumstances lead to a delay in the receipt of Mr. Anderson's affidavit. Mr. Anderson's affidavit was received on June 10, 2015. Additionally, the State has requested medical records from several facilities where the applicant may have received mental health treatment in 2004, in order to address the factual issues delineated in the Court of Criminal Appeals' remand order. These records are not yet available for review. Upon receipt and review of these items, this Court will enter findings of fact as ordered by the Court of CriminalAppeals. II. DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219 Mona Natemeyer Court Coordinator THEREFORE, this Court respectfully requests a sixty (60) day extension of time, to resolve factual issues, enter findings of fact, and supplement the habeas transcript with the findings of fact, affidavits, and other documentation necessary to resolve factual issues and to forward such habeas transcript to the Court of Criminal Appeals in writ number WR-75,780-02. III. WHEREFORE, PREMISES CONSIDERED, this Court respectfully requests that the Court of Criminal Appeals allow an additional sixty (60) days, to fully comply with its order in writ number WR-75,864-03. SIGNED this PRESIDING JUDGE, 208™ DISTRICT COURT HARRIS COUNTY, TEXAS