Alfaro, Eduardo Enrique

Opinion

WR-85,011-01,02,03,04

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 6/2/2016 11:01:05 AM Accepted 6/2/2016 11:21:01 AM WR-85,011-01, WR-85,011-02, WR-85,011-03, WR-85,011-04 ABEL ACOSTA CLERK

EX PARTE § IN THE TEXASRECEIVED § COURT OF CRIMINAL APPEALS 6/2/2016

§ COURT OF ABEL ACOSTA, CLERK §

EDUARDO ENRIQUE ALFARO § CRIMINAL APPEALS

MOTION TO STAY PROCEEDINGS PENDING THE FILING OF EVIDENCE IN THE TRIAL COURT

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW EDUARDO ENRIQUE ALFARO, Applicant, and respectfully asks this Court to stay the proceedings in this case.

Alfaro’s applications for writ of habeas corpus were filed on October 7, 2015, in the 401st Judicial District Court. Upon the State’s filing of a reply on March 24, 2016, Alfaro asked the court for time to file a response before the court made its findings. A response was crucial—in the State’s reply, the State argued Alfaro had not shown his attorneys were ineffective in failing to consult with a forensic psychologist as to mitigation evidence to present at punishment because Alfaro did not “provide[ ] any evidence of what such testimony would have been.” (Resp. at 13). But Alfaro’s failure to provide evidence of what a forensic psychologist would have testified was not knowing—it was a clerical

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oversight. Alfaro simply forgot to attach his examining forensic psychologist’s report. Accordingly, Alfaro sought to respond to the State’s reply with the report attached hereto.

The state was aware of this and, in fact, agreed to Alfaro’s request to supplement the record with the report. Additionally, counsel spoke to the Judge of the 401st Judicial District Court, Mark Rusch, and he agreed to the request. For some indeterminable reason, however, without any order or notice to either Alfaro or the State, the case was then transferred to the 199th Judicial District Court. On April 26, 2016, that court without prior notice to counsel then entered findings and conclusions recommending Alfaro’s application be denied and forwarded the case to this Court on May 2, 2016.

Those Findings and Conclusions were prematurely entered. Alfaro has additional evidence to be submitted and requests a stay to provide said evidence to the trial court. Accordingly, Alfaro respectfully asks that this motion be granted.

Respectfully submitted,

/s/ Bruce Anton

BRUCE ANTON

Bar Card No. 01274700

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SORRELS, UDASHEN & ANTON

2311 Cedar Springs Road

Suite 250

Dallas, Texas 75201

214-468-8100

214-468-8104 (fax)

Attorney for Applicant

Certificate of Service

I, the undersigned, hereby certify that a true and correct copy of the foregoing Motion to Stay Proceedings Pending the Filing of Evidence in the Trial Court was served to the Collin County District Attorney’s Office and the 401st Judicial District Court on June 2, 2016.

/s/ Bruce Anton

BRUCE ANTON