Allen, Dennis Lee

• Court: Court of Appeals of Texas
• Decided: August 19, 2015
• Docket: WR-56,666-03
• Status: Published

Opinion

EX PARTE: • CAUSE NO.: W99-02631-P {A)

STANLEY 0. MOZEE IN THE 203rd JUDICIAL DISTRICT

COURT OF DALLAS COUNTY, TEXAS

. ***** S U P P LE M E N T A L *****

POST CONVICTION WRIT OF HABEAS CORPUS

{ART. 11.07, V. A. C. C. P.)

ATTORNEY FOR APPLICANT: ATTORNEY FOR STATE:

.Ezekiel Tyson, Jr. HOUN. SUSAN HAWK The Tyson Law Firm 342 W. Montana Avenue FRANK CROWLEY COURTHOUSE Dallas, TX 75224 DALLAS, TX 75207-4313

RECEIVED IN COURT OF CRIMINAL APPEAlS

FELICIA PITRE AUG 19 2015 DISTRICT CLERK Abel Acosta, Clerk FRANK CROWLEY COURTHOUSE

133 N RIVERFRONT BLVD., LB 12

DALLAS, TEXAS 75207-4313 1 EX PARTE: CAUSE NO: W99-02631-P (A)

2 IN THE 203rd JUDICIAL DISTRICT

3 STANLEY 0. MOZEE COURT OF DALLAS COUNTY, TEXAS

5 SUPPLEMENTAL 6

7 Order (12 Feb 15) Vol. 1-01 8 - Bond Pending

9 Order of Recusal (24 Feb 15) Vol. 1-02 -Judge Jennifer Bennett 10 Order Transferring (02 Mar 15) Vol. 1-03. 11 -Transferred to the 195th

12 Writ Docket Vol. 1-04

13 Order of Transfer (04 Mar 15) Vol. 1-05 - 203rd 14 Order of Receiving (13 Mar 15) Vol. 1-06 15 -203rd

16 PostCard (18Mar15) Vol. 1-07 Request for Extension of Time Granted 17 Letter from Judge Hawthorne requesting and extension of Vol. 1-08 18 Time (14 Aug 15)

19 Clerk's Certificate Vol. 1-10

23 Cause Number:

THE STATE OF TEXAS § IN THE CRIMINAL

vs. § 265TH JUDICIAL DISTRICT COURT ;5Tc....-/l /e / J1o ZcC' § DALLAS COUNTY, TEXAS

ORDER

ThilieecC:OoUiuni'lflillinJrtds!fttehiiiatrmffiee1ibiOonrudfiTmi1thneeaabbloJiviee'Ssit1tyltleetd~mmtttdhtntwmtll!tb:n:e:ntc~dhc::llasiS1ee-slsiitiOrnudtldrbh1e::-:.-1hh1eelldd---. imoihcient lor the followmg reason(s): · , iUld hood tube set atl inca eased tot decreased to. and it.is ~

The Court further Orders that, as a condition of remaining on bond pending the disposition of the case, the following restrictions shall apply. The defendant shall:

Vremain in D4.j/c.... 2 . County, Texas at all times; "i .5 v r!a/li/"!/ ~ot directly nor indirectly communicate with the alleged victim or \ms:n:I!.ber J&, the victim's family, shall not go near the residence, school, place of e plpyn;nt :1J or other places frequented by the victim or family; . : 's N \ - ,: ,-, _ _ have no contact with any minor child; \ r\r 0')" ~?,. _ _ abide by the following home curfew: c:: .,.

_ _ be restricted to home confmement;

_ _ be place on the Electronic Monitoring program to be paid for by the defendant/ Court;

_ _ be placed on SCRAM to be paid for by the defendant/ Courtb ;/t•/ pft.id'e ir<'r.t;.-. 1 / Pr.•.vcrfe .f.JbJr....,ce f'a I 1f V mit to drug testing, to-wit: v/Q.... 6; ,' ) Tr ofe.c~...... r /e&..v~5T: ; ' •.,_ . f'-\vS/ Ua._ j-c.7f ev6-F/ CoV'rt .?er-r/-1./"' 1...-/1'£? t consume alcohol; Vc.-ll«-.> Cov"'lff f'/

_ _ surrender his/her passport to the Court.

The defendant is hereby ORDERED to comply with the above-named conditions of bond or be subject to forfeiture and incarceration.

Signodthl• ~~yof~ ,20~.

DE~Y

01 ,

WRIT NO. W99-02631-R(.A) TRIAL CAUSE NO. F99-02631-R

THE STATE OF TEXAS § IN THE 265th JUDICIAL

v. § DISTRICT COURT

STANLEY ORSON MOZEE § DALLAS COUNTY, TEXAS

ORDER OF RECUSAL

The Court, on the Court's own motion, has determined that this matter should be considered by another district court judge and that recusal 1s appropriate in this case;

IT IS THEREFORE ORDERED that Jennifer Bennett, presiding judge of the 265th Judicial District Court, does hereby voluntarily recuse herself from hearing any matter in this case and refers this cause to the Presiding Judge of the First Administrative Judicial Region for assignment.

The Clerk of the Court shall immediately trahsmit a copy of this Order to Judge Mary Murphy, Presiding Judge of the First Administrative Judicial Region, to the Defendant, and to counsel for the State.

SIGNED AND DATED tills ~day of 2015.

JUDGE JENNI ER BE NETT 265TH JUDICIAl. DIS RICT COURT DALLAS COUNTY, TEXAS

2 ,

WRIT NO. W99-02631-R(A) ·. TRIAL CAUSENO. F99-0263I-R

THE STATE OF TEXAS § IN THE:,265TH JUDICIAL § ,§ 'i·. . V. -§ DISTRICT COURT § § STANLEY ORSON MOZEE § DALLAS COUNTY, TEXAS

ORDER TRANSFERRING

Based ort a recusal, this case is transferred to the I 95th Judicial District Court of Dallas

County, Te_xas ..

IT IS SO ORDERED.

Signed this ;1.. day of tr{P..&C-L '2015.

ORDER TRANSFERRING.:.. Page I or' I

3 TRIAL DOCKET- CRIMINAL DISTRICT COURT- DALLAS COUNTY, TEXAS

BAIL STATUS: JAIL NO. W99-02631 (A) -q- STATE OF TEXAS ATTORNEYS OFFENSE DATE OF FILING .. STANLEY ORSON MOZEE

DATE OF ORDER ORDER OF COURT - ().~r-A. e__' -~ \\- Ll'-t..i VOL 681 PAGE 336

ORDER OF TRANSFER Date March 4. 2015

On this, the 4TH day of March A.D. 2015, it is the order of the Judge of the JUDICIAL District Court 195th Dallas County, that the following causes be and the same are hereby transferred to JUDICIAL District Court 203rd in and of Dallas. County, Texas, for trial and final adjudication:

Cause# ·state of Texas vs. Offense W9902631A MOZEE STANLEY WRIT

5 VOL 658 PAGE 318

ORDER OF RECEIVING Date March 13. 2015

On this, the 13th day of March A.D. 2015, it is the order of the Judge of the JUDICIAL District Court 203rd Dallas County, that the following causes be and the same are hereby received from JUDICIAL District Court 195th in and of Dallas County, Texas, for trial and final adjudication:

Cause# State of Texas vs. Offense W99-02631- Stanley Orson Mozee WRIT A

6 I' 0 OFFICIAL NOTICE FROM COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION) AUSTIN, TEXAS 78711 . , ~ , ~ '::1 r- ~-~"<'~\> ....:..~· . ··-~,. ··,

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MOZEE, STANLEY ORS~~·· ti~r.1\Ct:)~K.:w~:.~"ll:~~(A'f;. ·. ' · · ~~~~~:7:1. On this day, this Court_has grant~d,~lh~tffa(,,oou.~Js request for an extension of time to file the supplemental record. ·,;''rb~'':'?sw-P.'Pi~·Q:l-~htal record is due in this Court on Monday, August 31, 2015. ··"·,~:__;_;:::'·;):>;··'- ·

Abel Acosta, Clerk

e PRESIDING JUDGE 265TH DISTRICT COURT 133 N. RIVERFRONT BOULEVARD, LOCK BOX 30 DALLAS, TX 75207

I I .I I

e,:::.wes:3e 7$.207 ll•tl'fh t' Itt lJlufr t. fl •t rarl•f•tf\rhff•f"u If, IUlnf'1 H' h Yolanda Baker Lisabeth Kellett Court Coordinator Court Reporter 214-653-5822 214-653-5823

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c:.n ::o- c:: G") , ..- August 12, 2015 (./') ~·:":1 .r;:- ~- c;n:;:; • o--1· ~

---~·=- (""J-o J:ZII ::I:: m , 0 JTlfTI;;"J x:::o.-.1 l>~ 9. 0 ""' c:: en -1 _... Texas Court of Criminal Appeals -< ;;,..J

P. 0. Box 12308 ·. Austin, Texas 78711

RE: Ex Parte Dennis Lee Allen No. WR-56,666-03; W00-01305-(B)

Ex Parte Stanley Orson Mozee No. WR-82,467-01; W99-02631-(A)

Dear Honorable Judges of the Court of Criminal Appeals:.

The Court of Criminal Appeals previously granted an extension of time to file the supplemental record on these cases to August 31, 2015. We have determined additional time·is needed to complete the hearing and have the supplemental record by that date. Therefore, I request an extension to October 31, 2015, to provide the Court of Criminal Appeals with this supplemental record.

The supplemental information requested in this case will require a full evidentiary hearing before the Court. The parties have informed the Court they need this additional time to prepare for and conduct this hearing. The reasons the parties need this additional time are:

1. The State is represented in this case by the Dallas County District Attorney's Office's Conviction Integrity Unit: The attorneys in this unit who are responsible for representing the State are Patricia Cummings and Cynthia Garza. Mi Cummings is new to the District Attorney's Office, having started her job as Chief of the Conviction Integrity Unit on July 6, 2015. Additionally, Cynthia Garza was out on matei11ity leave, and found it necessary to extend her leave to past the original date she expected to return. Ms. Garza has just recently returned to work fulltime on July 20, 2015.

Frank Crowley Courts Building, 7th Floor 8 133 N. Riverfront Blvd., LB-28 Phone: 214-653-5820 n::.ll::.o: TP.n" 7'\?07.4~QQ Letter to the Court of Criminal Appeals August 12, 2015 Page 2

2. Gary A. Udashen is representing Mr. Allen on behalf of the Innocence Project of Texas. Mr. Udashen has informed the court that he also needs additional time to prepare for this hearing. In addition to various trial and appellate matters, in the months of July and August, Mr. Udashen has been course director for the State Bar Advanced Criminal Law Course, as well as course director for the Texas Criminal Defense Lawyers Association/Innocence Project ofTexas Innocence Seminar.

3. Lead counsel for Mr. Mozee is Nina Morrison pfthe National Innocence Project based in. New York. . Ms. Morrison handles cases around the country and needs additional time, once a hearing date is set, to make arrangements to be in Dallas for this hearing.

4. Once the parties have completed their preparation for this hearing, the court will need to clear some time on its trial docket to conduct this hearing.

In light of the aforementioned, this ~ourt requests an extension of time until October 31, 2015, to resolve the issues.

Yours very truly,.

Honorable Teresa Hawthorne Presiding Judge, 203rd Judidal District Court

JOINED BY THE PARTIES:

Patricia Cummings ~ ~~ Sorrels, Udashen & Anton Assistant District Attorneys .. Attorney for Dennis Lee Allen Attorneys for the State

Ezekiel Tyson, Jr. The Tyson Law Firm Nina Morrison Innocence Project, Inc. Attorneys for Stanley Orson Mozee

9 The State of Texas § § County of Dallas §

I, Felicia Pitre, Clerk of the District Courts of Dallas County, Texas, do

hereby certify that the documents contained in this record to which

this certification is attached are all of the documents specified by

Texas Rule of Appellate Procedure 34.5(a) or Code of Criminal

Procedure Section 11.07(3) (a) including all other documents timely

requested by a party to this proceeding under Texas Rule of

Appellate Procedure 34.5(b), and that have been filed with the trial

court clerk, and unless otherwise indicated in this record.

GIVEN UNDER MY HAND AND SEAL at my office in Dallas County,

Texas, on this August 14. 2015.

Clerk Signature: A vu;;v lvf C:O~

Name ANA McDANIEL Deputy District Clerk