WR-82,828-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/22/2015 2:29:00 PM
Accepted 12/22/2015 2:41:11 PM
ABEL ACOSTA
NO. WR-82,828-01 CLERK
§ IN THE TEXAS COURTRECEIVED
COURT OF CRIMINAL APPEALS
Ex parte § OF CRIMINAL APPEALS12/22/2015
RODNEY ANDERSON § ABEL ACOSTA, CLERK
§ [Cause No. 09-07-07255 in the
§ 359th Judicial District Court
§ Montgomery County, Texas]
REQUEST FOR RECONSIDERATION
[DENIAL WRIT OF HABEAS CORPUS]
TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL
APPEALS:
NOW COMES Rodney Young Anderson, Applicant, in the above styled and
numbered cause, through his attorneys of record, Cynthia E. Orr and Christopher
M. Griffith, and hereby submits this Request for Reconsideration requesting this
Honorable Court move to reconsider his Writ of Habeas Corpus, under Article
11.07 of the Code of Criminal Procedure, and would show the following in
support:
1. This Honorable Court denied Applicant’s Writ, without written order on the
findings of the Trial Court, on December 9, 2015.
2. On this Court’s Order, an evidentiary hearing was held on May 27 and
August 21, 2015. Additionally, counsel for Applicant and the State and the
Trial Court held a conference by telephone on August 18, 2015.
3. The electronic docket sheet shows that a supplemental clerk’s record was
filed on September 22, 2015 and again on October 19, 2015. None of the
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“case events” on the electronic docket sheet notate a reporter’s record of the
evidentiary hearing ordered by this Honorable Court being filed.
4. On December 16, 2015, undersigned counsel spoke with the Clerk’s Office
of this Honorable Court. Counsel was informed that the October 19, 2015
Supplemental Clerk’s Record filing had notations that it contained the eight
volume Reporter’s Record, including exhibits, and consisted of 415 pages.
5. The transcript of the evidentiary hearing undersigned counsel now possesses
alone comprises 402 pages without the exhibits offered during the hearing or
the Master Index of the proceedings. While undersigned counsel is unsure of
the exact total page length of exhibits offered in the evidentiary hearing, the
exhibits were voluminous and comprised much more than 13 pages.
6. Due to the apparent discrepancy in page numbers, undersigned counsel is
unsure this Honorable Court had the benefit of having the entire Reporter’s
Record available prior to the Court making their decision and humbly ask
this Honorable Court to reconsider their December 9, 2015 decision on their
own motion.
7. Should this Honorable Court move, upon its own motion, to reconsider
Applicant’s Writ of Habeas Corpus, undersigned counsel will supplement
their Objections to the Trial Court’s Findings of Fact and Conclusions of
Law, and citing to the appropriate record reference, as counsel had planned.
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WHEREFORE PREMISES CONSIDERED, Applicant requests, should
he and undersigned counsel be correct that this Court did not have the benefit of
the entire Reporter’s Record of the evidentiary hearing, that this Honorable Court
move, on its own motion, and reconsider the December 9, 2015 denial of his Writ
of Habeas Corpus; allow Applicant’s counsel to file their objections to the district
court’s findings of fact and conclusions of law, citing the record reference; and
verify that both this Honorable Court and Applicant’s counsel have the complete
supplemental record.
Respectfully Submitted,
CYNTHIA E. ORR
Bar No. 15313350
GOLDSTEIN, GOLDSTEIN & HILLEY
310 S. St. Mary’s St.
29th Fl. Tower Life Bldg.
San Antonio, Texas 78205
whitecollarlaw@gmail.com
210-226-1463 phone
210-226-8367 facsimile
CHRISTOPHER M. GRIFFITH
Bar No. 24069072
LAW OFFICE OF CHRISTOPHER M.
GRIFFITH
310 S. St. Mary’s St., Ste. 1215
San Antonio, Texas 78205
cmarkgriffith@gmail.com
210-229-1444 phone
210-229-1445 facsimile
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By:_/s/Cynthia E. Orr________________
CYNTHIA E. ORR
Attorneys for Applicant,
RODNEY ANDERSON
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above foregoing Request
for Reconsideration has been electronically delivered to Assistant District Attorney
Bill Delmore of the Montgomery County District Attorney’s Office as a member
of e-File Texas, electronic filing system.
By:_/s/Cynthia E. Orr________________
CYNTHIA E. ORR
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Anderson, Rodney Young
Combined Opinion