WR-63,871-03
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/20/2015 3:46:53 PM
Accepted 10/20/2015 4:52:07 PM
ABEL ACOSTA
CLERK
IN THE COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS RECEIVED
AUSTIN, TEXAS COURT OF CRIMINAL APPEALS
10/20/2015
ABEL ACOSTA, CLERK
EXPARTE §
§
§ NO. WR-63,871-03
§
TIMOTHY RANDAL THOMPSON §
WRIT NO. C-2-010289-0764908-B
TRIAL COURT NO. 0764908D
EXPARTE § IN THE CRIMINAL DISTRICT
§
§ COURT NUMBER TWO
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TIMOTHY RANDAL THOMPSON § TARRANT COUNTY, TEXAS
REPLY TO STATE'S RESPONSE TO
APPLICANT'S SUPPLEMENTAL HABEAS CORPUS CLAIM
COMES NOW TIMOTHY RANDAL THOMPSON, Applicant, and files this
Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim and
would show these Courts the following:
Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 1
I.
In his supplemental application for habeas corpus relief, Applicant raised a claim
that his due process rights were violated because the state presented false testimony
from a police crime scene investigator at Applicant's trial. Forensic scientific testing
conducted after Applicant's trial demonstrates the falsity of the testimony beyond any
doubt.
II.
The state, in its response, argues that the testimony from the cnme scene
investigator was not false because "he merely testified about the search he conducted
and what he did or did not find in searching the floors." (Response, pp. 5-6). This is
an outrageous mischaracterization and minimization of the testimony. The investigator
went to great lengths to describe the thorough search of Applicant's house. The point
of the extensive testimony about the search was to prove that there were no bullet holes
or bullets in the house and, accordingly, Applicant lied when he said he fired warning
shots in an effort to keep the complainant from attacking him. To act as if the
experienced crime scene investigator was merely negligent or sloppy in conducting his
investigation rather than recognizing he lied about the investigation elevates the desire
to uphold a conviction over the prosecutor's duty to seek justice. See, TEX. CODE
CRIM. PROC. ANN. Art. 2.01.
Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 2
III.
The false testimony from the cnme scene investigator completely gutted
Applicant's defense at trial. The falsity should not be swept under the carpet and hidden
just like the bullets and bullet holes that were hidden by the investigator. Applicant is
entitled to a new trial because of the egregious violation of his due process rights.
Respectfully submitted,
ROBERT N. UDASHEN, P.C.
Bar Card Number 20369600
BRUCE ANTON
Bar Card Number 01274700
SORRELS, UDASHEN & ANTON
2311 Cedar Springs Road, Suite 250
Dallas, Texas 75201
(214) 468-8100
(214) 468-8104 fax
Attorneys for Applicant
CERTIFICATE OF SERVICE
A copy of the attached Reply to State's Response to Applicant's Supplemental
Habeas Corpus Claim was electronically delivered to the Tarrant County Criminal
District Attorney's Office, Appellate Division, 401 West Belknap, Fort Worth, Texas
76196, on October, 20, 2015.
ROBERT N. UDASHEN, P.C.
Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 3