Andrus, Terence Tramaine

Opinion

AP-76936

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

December 31, 2014 Transmitted 12/31/2014 9:30:38 AM Accepted 12/31/2014 9:42:17 AM ABEL ACOSTA

APPEAL NO. 76,936 CLERK

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IN THE COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

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TERENCE TRAMAINE ANDRUS, Appellant

Vs.

THE STATE OF TEXAS, Appellee.

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On Appellant’s Direct Appeal from the 240th Judicial District Court, of Fort Bend County, Texas Cause Number 09-DCR-051034.

The Honorable Thomas R. Culver, III, Judge Presiding

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APPELLANT’S NOTICE OF APPEARANCE FOR ORAL ARGUMENT

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Cary M. Faden 77 Sugar Creek Center Blvd., Suite 230 Sugar Land, Texas 77478 Telephone: (281) 491-6182 Facsimile: (281) 491-0049 Texas Bar No. 06768725 E-MAIL: caryfaden@aol.com Attorney for Appellant

NOW COMES APPELLANT in the above-styled matter, and pursuant to this

Court’s Order of December 22, 2014, do hereby show the Court the following:

1. Appellant by and through his Attorney On Direct Appeal, CARY M.

FADEN, will appear at oral argument, set by the Court for February 5,

2015, at the University of Texas-El Paso Campus, at 9:00 a.m.

2. Time permitting, Appellant will be arguing these points:

POINT OF ERROR ONE

THE TRIAL COURT REVERSIBLY ERRED AND ABUSED ITS DISCRETION IN DENYING APPELLANT’S MOTION TO SUPPRESS.

POINT OF ERROR THREE

THE TRIAL COURT REVERSIBLY ERRED BY ALLOWING THE STATE TO STRIKE JUROR NUMBER TWO (2) IN VIOLATION OF BATSON V. KENTUCKY.

POINT OF ERROR FOUR

THE TRIAL COURT REVERSIBLY ERRED BY ALLOWING THE STATE TO STRIKE JUROR NUMBER EIGHTEEN (18) IN VIOLATION OF BATSON V. KENTUCKY.

POINT OF ERROR FIVE

THE TRIAL COURT REVERSIBLY ERRED BY ALLOWING THE STATE TO STRIKE JUROR NUMBER TWENTY-FIVE (25) IN VIOLATION OF BATSON V. KENTUCKY.

POINT OF ERROR TWELVE

APPELLANT’S CONTENDS HIS TRIAL COUNSEL WAS

INEFFECTIVE DEPRIVING HIM OF HIS RIGHT TO A FAIR TRIAL AS GUARANTEED BY THE SIXTH AMENDMENT TO THE UNITED STATES CONSTITUTION.

TRIAL COUNSEL’S INVESTIGATION OF A POTENTIAL MITIGATION DEFENSE WAS DEFICIENT; ALTHOUGH A MITIGATION EXPERT WAS RETAINED SAID MITIGATION EXPERT WITHDREW PRIOR TO TRIAL AND NO OTHER WAS RETAINED IN VIOLATION OF THE ABA GUIDELINES, ESSENTIALLY THERE WAS NO INVESTIGATION OF THE MITIGATION ISSUE.

Respectfully submitted,

/s/CARY M. FADEN Cary M. Faden SBN 06768725 Counsel for Appellant 77 Sugar Creek Center Blvd., Suite 230 Sugar Land, Texas 77478 Telephone: (281) 491-6182 Facsimile: (281) 491-0049 E-MAIL: caryfaden@aol.com Attorney For Appellant

CERTIFICATE OF SERVICE

In accordance with TEX. R. APP. P. 9.5, I Cary M. Faden, certify that a true

and correct copy of the foregoing Motion has been served, by hand delivery, and/or

by U.S. Mail, and/or by facsimile transmittal, to Terence Tramaine Andrus; to the

attorney for the State Of Texas, John F. Healey, Jr., District Attorney, Appellate

Division, 301 Jackson Street, Room 101, Richmond, Texas 77469 on this 31st day

of December, 2014.

/s/ CARY M. FADEN Cary M. Faden