WR-84,279-01
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 12/2/2015 5:14:20 PM
Accepted 12/3/2015 8:18:55 AM
ABEL ACOSTA
No. _____________________ CLERK
RECEIVED
IN THE COURT OF CRIMINAL APPEALS OF TEXAS, AT
COURT OFAUSTIN
CRIMINAL APPEALS
12/3/2015
ABEL ACOSTA, CLERK
In re Kevin Richard Joliet
Relator
MOTION REQUESTING STAY OF
TRIAL COURT PROCEEDINGS
PENDING RESOLUTION OF WRIT
Respectfully submitted by,
Wes Ball
Ball & Hase, P.C.
4025 Woodland Park Blvd., Suite 100
Arlington, Texas 76013
Tel. (817) 860-5000
Fax: (817) 860-6645
State Bar Card No. 01643100
Attorney for Relator
No. ___________________
IN RE: § IN THE TEXAS COURT
KEVIN RICHARD JOLIET §
Relator §
§ OF CRIMINAL APPEALS
EMERGENCY MOTION REQUESTING STAY OF
TRIAL COURT PROCEEDINGS
PENDING RESOLUTION OF WRIT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW KEVIN RICHARD JOLIET, by and through Wes
Ball, his attorney of record and files this Motion Requesting Stay of
Trial Court Proceedings Pending Resolution of Writ and in support
thereof would show the Court as follows:
I.
Kevin Richard Joliet is the named Relator in an Application For
Writ of Prohibition filed this same date complaining of proposed actions
of the named Respondent the Honorable Mollee Westfall, Judge of the
371st District Court of Tarrant County, Texas.
The unlawful actions of the Respondent are proposed to be entered
as an order of the Court on Friday, December 4, 2015. If those actions
take place, Relator Joliet will be incarcerated and deprived of his liberty
on an unlawful basis. The order proposed by Respondent is that Relator
be incarcerated and sent to an Intermediate Sanction Facility solely on
the basis of failing a polygraph. Relator Joliet will be terminated from
his employment and suffer other adverse consequences as a result of this
proposed incarceration. Should the incarceration later prove to be
judged unlawful, restoration Relator’s liberty will not be able to under
the substantial harm caused by the proposed unlawful action of
Respondent.
Therefore, Relator Joliet is requesting a stay of further action in the
trial court concerning incarceration due to failure of polygraph
examinations. The Court has authority to issue a stay under Article 5,
§5(c) of the Texas Constitution which provides that the Court has power
to issue writs as may be necessary to protect its jurisdiction.1
WHEREFORE, PREMISES CONSIDERED, Relator Kevin
Richard Joliet prays that this Honorable Court enter an order staying
1
In re Nguyen, 155 S.W.3d 191 (Tex. App. – Tyler 2003).
further action by the Respondent as requested to protect its jurisdiction
and for such other and further relief to which he may be entitled.
Respectfully submitted,
/s/ Wes Ball
WES BALL
4025 Woodland Park Blvd.
Suite 100
Arlington, Texas 76013
Email: WBnotices@ballhase.com
Telephone: (817)860-5000
Fax No.: (817)860-6645
State Bar No. 01643100
ATTORNEY FOR RELATOR
CERTIFICATE OF SERVICE
On the 2nd day of December, 2015, a true and correct copy of this
motion was transmitted to the Honorable Mollee Westfall, Judge of the
371st District Court of Tarrant County, Texas and Charles Reynolds,
Judicial Staff Counsel for Tarrant County, Texas.
/s/ Wes Ball_______________________________
WES BALL
Joliet, Kevin Richard
Combined Opinion