AP7?,t>S
CERTIFICATE OF PROCEE D I N G S
CASE: 1002038 DATE . 4 /Al/15 DOCKET: 1002038D CID: 0674102
DEFENDANT: WILKINS,CHRISTOPHER CHUBASCO WARRANT:
MICRO: WILKINS,CHRISTOPHER CHUBASCO INDICTED: Y DATE: 02/07/06
COURT: D2 97 HEARD: TRANSFER COURT:
CHOV: / / I/O: COUNTY:
CHARGE OFFENSE: 099920 CAPITAL MURDER DATE: 10/28/05 LSR INC:
DISPOSITION OFFENSE: 099920 CAPITAL MURDER
PLEA: BOND TYPE: FINE:
DISP: • / / STATUS: CT COST:
SENTENCE: / / EVENT: MISC:
ACTION: / / DUE: / /
PROB (MOS): / / AMOUNT: PAID:
FORFEIT: / /
INST VERD BONDSMAN:
BONDSMAN:
PROCEEDINGS:
RECEIVED IN'
COURT OF CRIMINAL APPEALS
SEP 25 2015
Abel Acosia, Clerk
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h ILLU a
NO. 1002038D TARRANT
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THE STATE OF TEXAS § IN THE 2^7il5JTJDfciAL
v. § districM^^((|fc[ver^
§
CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS
ORDER WITHDRAWING EXECUTION DATE
OnJuly6,2015, this Courtsigned an Order Setting Execution directing thatthe sentence of
death assessed against the Defendant be carried out after 6:00 p.m. on October 28, 2015. On
September 21, 2015, the State filed an Unopposed Motion to Withdraw Execution Date. The
Court is of the opinion that the State's motion should be GRANTED.
It is hereby ORDERED that the Court's July 6, 2015, Order Setting Execution be
WITHDRAWN and that the death warrant be RECALLED pursuant to Tex. Code Crim. Proc.
43.141(d) and (e).
It is further ORDERED that immediately after entry of this Order, the Clerk of this Court
shall issue and deliver to the Sheriff ofTarrant County, Texas, a certified copy of this Order. The
Sheriffof Tarrant County, Texas, is ORDERED, upon receipt of a certified copy of this Orderto
deliver it to the Director of the Institutional Division of the Texas Department of Criminal Justice,
Huntsville, Texas, within three business days.
SIGNED AND ENTERED THIS *U_ day of September^
JUDGI
297th Judic>^DTstrict Court
TarranK^ounty, Texas
NO.1002038D lARRANl'cOUNl Y
THE STATE OF TEXAS § IN THE 297*JUDIC1ALPH ,2: 2"'
v. § DisTmcT!ctli|^fc-^DtH
§
CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS
STATE'S UNOPPOSED MOTION TO WITHDRAW EXECUTION DATE
TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW, the State of Texas, by and through the Criminal District Attorney
of Tarrant County, Texas, and requests this Court to enter an order withdrawing the
Defendant's execution date. The following allegations are made in support of this
motion:
I.
On June 23, 2015, the State filed a motion requesting this Court to enter an order
setting an execution date in this cause. At a hearing with all parties present on July 6,
2015, the Court signed an order setting an execution date of October 28, 2015.
II.
The State introduced DNA evidence at the Defendant's trial in this cause. The
Texas Forensic Science Commission is in the process of addressing emerging issues
involving the calculation of DNA population statistics and DNA mixture interpretation.
The State has made written disclosures to counsel for the Defendant, Hilary Sheard,
regarding these matters. While the State has no reason to believe that these DNA issues
are material to or have any effect on the Defendant's conviction and death sentence, the
State believes that a stay of the Defendant's currently scheduled execution should be
1
( -
V
granted in order to allow the parties to more fully investigate these matters.
HI.
The State has discussed this motion with Ms. Sheard, and she does not oppose it.
The State respectfully requests the Court to enter an order withdrawing its order
setting the Defendant's execution date of October 28, 2015, and recalling the death
warrant.
Respectfully submitted,
SHAREN WILSON
Criminal District Attorney
Tarrant County, Texas
DEBRA WINDSOR
Assistant Criminal District Attorney
Chief of Post-conviction
)/KO ~) •NniiAkvjg.
•.3\ liW/)vjg yy
HELENA F. FAULKNER
Assistant Criminal District Attorney
State Bar No. 06855600
401 W. Belknap
Fort Worth, Texas 76196-0201
(817)884-1685
FAX (817) 884-1672
CERTIFICATE OF SERVICE
A true copy of the State's motion has been mailed to the Defendant's attorney of
record, Hilary Sheard, 7421 Burnet Road #300-512, Austin, Texas, 78757; and Jeremy
Greenwell, Assistant Texas Attorney General, Post-conviction Litigation Division, P.O.
Box 12548, Austin, Texas, 78711-2548, on September 21, 2015.
HELENA F. FAULKNE
NO. 100203 8D
THE STATE OF TEXAS § IN THE 297th JUDICIAL
§
V. § DISTRICT COURT OF
§
CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS
ORDER WITHDRAWING EXECUTION DATE
On July 6,2015, this Courtsigned an OrderSetting Execution directing that the sentence of
death assessed against the Defendant be carried out after 6:00 p.m. on October 28, 2015. On
September 21, 2015, the State filed an Unopposed Motion to Withdraw Execution Date. The
Court is of the opinion that the State's motion should be GRANTED.
It is hereby ORDERED that the Court's July 6, 2015, Order Setting Execution be
WITHDRAWN and that the death warrant be RECALLED pursuant to Tex. Code Crim. PROC.
43.141(d) and (e).
It is further ORDERED that immediately after entry of this Order, the Clerk of this Court
shall issue and deliver to the Sheriff of Tarrant County, Texas, a certified copy of this Order. The
Sheriff of Tarrant County, Texas, is ORDERED, upon receipt of a certified copy of this Order to
deliver it to the Director of the Institutional Division of the Texas Department of Criminal Justice,
Huntsville, Texas, within three business days.
SIGNED AND ENTERED THIS day of September, 2015.
JUDGE PRESIDING
297th Judicial District Court
Tarrant County, Texas
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rAfiSAN?COONrY
SHAREN WILSON
Criminal District Attorney ' tf^, ,M ^ „
Tarrant County DlSTRict f/p!f-^-"ft
September 21,2015
Ms. Hilary Sheard
7301 Burnet Road # 300-512
Austin, Texas 78757
Re: The State of Texas v. Christopher Chubasco Wilkins, No. 1002038D
State's Disclosure Regarding Dr. Lloyd White
Dear Ms. Sheard:
Please be advised of the following information regarding Dr. Lloyd White,
the deputy medical examiner who testified at Mr. Wilkins' trial in this cause:
• Dr. White has not been employed with the Tarrant County Medical
Examiner's Office since September 1, 2013.
• The Tarrant County Criminal District Attorney's Office no longer
sponsors Dr. White as a witness.
• The District Attorney's offices in Randall, Wichita, and Denton
counties will not sponsor Dr. White as a witness.
• Dr. White testified for the defense at a habeas proceeding on February
28 and 29, 2012, in Ex parte Larry Ray Swearingen, cause number
99-11 -06435-CR, in the 9th Judicial District Court of Montgomery
County, Texas. On October 1, 2012, the presiding judge entered a
written finding of fact that Dr. White's testimony "was not credible."
• Dr. White was placed on deferred adjudication on March 27, 2007, for
the misdemeanor offense of harassment in cause number 2007-5287-2
in the County Court at Law No. 2 of Randall County, Texas. On June
11, 2008, the court entered an order granting Dr. White's motion for
401 West Belknap • Fort Worth,Texas 76196 • 817.884.1400
Christopher Chubasco Wilkins: No. 1002038D
Dr. Lloyd White Disclosure
Page 2
early termination of his deferred adjudication probation, found Dr.
White to be not guilty, and dismissed the case against him.
• Dr. White had his parental rights terminated in a jury trial in the
County Court at Law of Randall County, Texas, in cause number L-
3592. The presiding judge signed an Order of Termination on August
4, 2005, and a Nunc Pro Tunc Order of Termination on August 5,
2005.
The Criminal District Attorney's Office neither stipulates nor concedes that
the information which is the subject of this disclosure would be admissible for any
purpose, including impeachment, or that such information would have had any
effect on Mr. Wilkins' conviction or death sentence.
Sincerely,
SHAREN WILSON
CRIMINAL DISTRICT ATTORNEY
TARRANT COUNTY, TEXAS
HELENA F. FAULKNER
Assistant Criminal District Attorney
State Bar No. 06855600