Burks, Lamar

• Court: Court of Appeals of Texas
• Decided: January 5, 2015
• Docket: WR-72,881-05
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS RECEIVED IN AUSTIN, TEXAS COURT OF CRIMINAL APPEALS

JAN 05 2015 LAMAR BURKS § § v. § No. WR-7 2, 881.-05 Abel Acos1Bl, Clem § STATE OF TEXAS § MOT~ON DIENIED . DATE: 1- I f -16 ~V: f.c.. ~ MOTION FOR EXTENTION.OF TIME FOR FILING REHEARING

TO THE HONORABLE JUDGES OF SAID'COURT:

COMES NOW, the Appellant, LAMAR BURKS, pursuant to Texas

Rules of Appellate Procedure 79.6, and submits this Motion for

an extention of time to seek a rehearing to this Court's

dismi~sal of his sucessive habeas petition. The present Motion

for extention of time will show the following:

1) The deadline for filing a motion for rehearing in this

case is January 1, 2015.

2) Appellant seeks a 40 day extention to file a motion for

rehearing.

3) On December 17, 2014, this Court dismissed without written

order the subsequent application for a writ of habeas corpus

pursuant to Tex Code Crim. Proc. Art.I 11.07, Sec. 4(a)-(c).

Page 1 '.__.

~) The language of Tex Rules of Appelate Procedure 79.2 (d),

·bars filing a motion for rehearing of an order that denies habeas

corpus relief under Code of Crim Proc 11.07 or 11.071.

5) Appellant's motion for rehearing will present substantial

intervening circumstance that establish a denial of procedural

due process during the trial court's findings of fact and

conclusion of law stage.

6) Appellant's motibn for rehearing will show that during

the findings of fact and conclusions of law process, the trial

judge and assistant di'strict attorney were under FBI investigation

for their role in civil rights violation which led to Appellant~s

indictment and conviction. [see Attachment A].

7) Appellant's motion for rehearing will show the trial judge

of the 208th district court and the Harris County assi~tant district

attorney submitted findings of fact and con~lussions of law in the

present case while knowingly under FBI investigation.

Wherefore, Abp'l~~nt respectfully prays that this Court

enter Judgment Granting Appellant:

8) A 40 day extention to file a motion for rehearing.

Page 2 . -~-

9j Based on the memorandum for FBI Headquarters in Washington,

DC, which establishes an investigation of the trial judge and

assistant district attorney, an order pursuant to Tex R. App. Proc.

79.2 (d) .that the Court, on its own initiative will reconsider

the case.

December 29, 2014 Respectfully submitted,

LAMAR, BURKS TDCJ-ID NO 1011723 DARRINGTON UNIT 59 DARRINGTON ROAD ROSHARON, TEXAS 77583

CERTIFICATE OF SERVICE

I herby certify that the foregoing MOTION FOR EXTENTION OF

TIME FOR FILING REHEARING has been forwarded by U.S. mail to

Harris county District Attorney Devon Anderson, 1201 Franklin, t.:¥. suite 600, Houston, Texas 77002 on Decenber 29, 2014.

~/tJ4 LAMAR BURKS

Page 3 ./ ..

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ATTACHMENT A. ./

U.S. Department of Justice

Federal Bureau of Investigation

Washington, D. C. 20535-0001

July 23, 2014

Mr. Lamar Burks #1011723 59 Darrington Road Rosharon, TX 77583

Dear Mr. Burks:

Your May 12th, 2014 complaint addressed to the FBI Office ofProfessional Responsibility was received by the Initial Processing Unit (IPU), Internal Investigations Section (liS), Inspection Division (INSD). The IISIINSD is the FBI entity responsible for investigating allegations of serious misconduct or criminal activity on the part of FBI employees.

In your complaint, you advised of information you have regarding the retaliatory killings and your beliefs that a Special Agent may have failed to perform the normal required investigatory procedure in these retaliatory killings. We have forwarded this)nformation to the Criminal Investigative Division, Public Corruption & Civil Rights Section.

The purpose of this letter is to extend our appreciation to you for coming forward with your concerns. The information you provided will be processed and handled appropriately. The FBI continually strives to provide independent and evaluative oversight of all investigative and administrative operations, to include our personnel. Your decision to perform a critical role to ensure compliance and facilitate the improvement of the FBI is greatly appreciated.

Sincerely,

~~ Lee W. Harbaugh Unit Chief Initial Processing Unit Inspection Division