Cary, Stacy Stine

Court of Appeals of Texas·Decided August 4, 2015·No. PD-1341-14·Published

Opinion

PD-1341-14

FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 7/30/2015 10:58:36 AM August 3, 2015 Accepted 8/3/2015 8:32:45 AM ABEL ACOSTA

ABELACOSTA, CLERK No. PD-1341-14 CLERK

TO THE

COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STACY STINE CARY § APPELLANT

v. § THE STATE OF TEXAS APPELLEE

On Appeal from the Court of Appeals for the Fifth Judicial District of Texas at Dallas Court of Appeals No. 05-12-01421-CR

MOTION OF THE PILLAR OF LAW INSTITUTE FOR ADMISSION OF STEPHEN R. KLEIN PRO HAC VICE

JAMES "TREY" TRAINOR III STEPHEN R. KLEIN State Bar No. 24042052 Pillar of Law Institute Beirne, Maynard & Parsons, L.L.P. 455 Massachusetts Ave. NW rth

401 W 15l St Ste. 359 Ste. 845 Washington, DC 20001-2742 Austin, TX 78701-1667 (202) 815-0855 (Tel.) (512) 623-6700 (Tel.) stephen.klein@pillaroflaw.org ttrainor(a>brnpllp.com OF COUNSEL FOR AMICUS

COUNSEL OF RECORD

NOW COMES, Stephen R. Klein, a non-resident attorney, and respectfully

requests permission to appear in this Honorable Court Pro Hac Vice on behalf of the

Pillar of Law Institute. As reason therefore, and upon my oath, I state:

1. My address and telephone numbers are: Stephen R. Klein, Pillar of Law

Institute, 455 Massachusetts Ave., ste. 359, Washington, DC 20001-2742;

202.815.0955.

2. I will be associated in the case with James "Trey" Trainor III, a practicing

lawyer and a member in good standing of the State Bar of Texas. His address

and telephone number are: Beirne, Maynard and Parsons, L.L.P., 401 W 15

Street, ste. 845, Austin, TX 78701-1667; 512.623.6700. His Texas Bar card

number is: 24042052.

3. In the past two years, I have appeared pro hac vice in Texas as counsel for

amicus curiae in the following cases: DeLay v. State, 443 S.W.3d 909, No. PD-

1465-13 (Tex. Crim. App.) (Oct. 1, 2014); Cary v. State, 460 S.W.3d 731, No.

05-13-01010-CR (Tex. App.-Dallas) (Mar. 25, 2015).

4. I am an active member in good standing of the Illinois Supreme Court and the

Michigan Supreme Court. I am also a member in good standing of the United

States District Court for the Northern District ofIllinois, the United States Court

of Appeals for the Tenth Circuit, and the United States Supreme Court.

5. I have not been the subject of any disciplinary action by any bar or courts during

the last five years.

6. I have not been denied admission to the courts of any state or to any federal

court during the last five years.

7. I am familiar with the State Bar Act, Rules of the State Bar of Texas governing

the conduct of its members, and the Texas Disciplinary Rules of Professional

Conduct, and I will comply with these rules so long as such proceeding is

pending.

8. This motion is accompanied by a motion of Trey Trainor stating that I am a

reputable attorney fit to participate in this particular proceeding.

9. I have included an acknowledgment issued by the Board of Law Examiners.

WHEREFORE, based on the foregoing, Stephen Klein respectfully prays this

court will allow me to appear in this matter Pro Hac Vice on behalf of the Pillar of

Law Institute for such other and further relief that may be awarded at law or in equity.

Signed and sworn under the pains and penalties of perjury,

Isi Stephen Klein Stephen R. Klein Pillar of Law Institute 455 Massachusetts Ave. Ste. 359 Washington, DC 20001-2742 Tel: 202.815.0955 stephen.klein@pillaroflaw.org

CERTIFICATE OF SERVICE

I certify that on July 30, 2015, a true and correct copy of this Motion of the

Pillar of Law Institute for Admission of Stephen R. Klein Pro Hac Vicewas served

by electronic filing on appellate counsel of record in this proceeding as listed below.

Counsel for State Counsel for Appellant Ken Paxton John M. Helms Attorney General of Texas Fitzpatrick, Hagood, Smith & Uhl LLP Chateau Plaza, Ste. 1400

Charles E. Roy 2515McKinney First Assistant Attorney General Dallas, Texas 75201

Adrienne McFarland Deputy Attorney General for Criminal Justice

Edward L. Marshall Chief, Criminal Appeals Division

Joseph P. Corcoran Assistant Attorney General Supervising Attorney for Non-Capital Appeals Criminal Appeals Division

P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Isi Trey Trainor James "Trey" Trainor III

Board of Law Examiners Appointed by the Supreme Court of Texas P.O. Box 13486 * Austin, Texas 78711-3486

Acknowledgment Letter Non-Resident Attorney Fee

July 22, 2015

To: Stephen Klein Via: stephen.klein@pillaroflaw.org

According to Texas Government Code §82.0361, "a nonresident attorney requesting permission to participate in proceedings in a court in this state shall pay a fee of $250 for each case in which the attorney is requesting to participate."

This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter:

Non-resident attorney: Stephen Ralph Klein Case: PD-1341-14

Texas court or body: Texas Court of Criminal Appeals Austin

After satisfying the fee requirement, a non-resident attorney shall file a motion in the Texas court or body in which the non-resident attorney is requesting permission to appear. The motion shall contain the information and statements required by Rule XIX(a) of the Rules Governing Admission to the Bar of Texas. The motion must be accompanied by this Acknowledgment Letter and by a motion from a resident practicing Texas attorney that contains the statements required by Rule XIX(b).

The decision to grant or deny a non-resident attorney's motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed.

For more information, please see Rule XIX of the Rules Governing Admission to the Bar of Texas and §82.0361 of the Texas Government Code, which can be found on the Board's website.

Sincerely,

Susan Henricks Executive Director

FILED IN PD-1341-14

COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS

August 3, 2015 Transmitted 7/30/2015 11:03:39 AM Accepted 8/3/2015 8:32:21 AM ABEL ACOSTA

ABEL ACOSTA, CLERK No. PD-1341-14 CLERK

TO THE

COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STACY STINE CARY § APPELLANT

v. § THE STATE OF TEXAS § APPELLEE

On Appeal from the Court of Appeals for the Fifth Judicial District of Texas at Dallas Court of Appeals No. 05-12-01421-CR

MOTION OF JAMES "TREY" TRAINOR SUPPORTING ADMISSION OF STEPHEN R. KLEIN PRO HAC VICE

JAMES "TREY" TRAINOR III STEPHEN R. KLEIN State Bar No. 24042052 Pillar of Law Institute Beirne, Maynard & Parsons, L.L.P. 455 Massachusetts Ave. NW 401 W 15th St Ste. 359 Ste. 845 Washington, DC 20001-2742 Austin, TX 78701-1667 (202) 815-0855 (Tel.) (512) 623-6700 (Tel.) stephen.klein(g),pillaroflaw.org ttrainor(a>bmpllp.com OF COUNSEL FOR AMICUS

CO UNSEL OF RECORD

NOW COMES, James "Trey" Trainor III, respectfully requesting this

Honorable Court grant the motion on behalfofthe Pillar ofLaw Institute for admission

of Stephen R. Klein Pro Hac Vice. Upon my oath, I state:

1. Stephen R. Klein will be associated with me in the proceedings of this cause.

2. I find Stephen R. Klein to be a reputable attorney and recommend that he be

granted permission to participate in this proceeding before this Court.

Respectfully submitted,

Isi Trey Trainor JAMES "TREY" TRAINOR III State Bar No. 24042052 Beirne, Maynard & Parsons, L.L.P. 401 W 15th St Ste. 845 Austin, TX 78701-1667 (512) 623-6700 (Tel.) ttrainor@bmpllp.com

CERTIFICATE OF SERVICE

I certify that on July 30, 2015, a true and correct copy of this Motion

Supporting Admission of Stephen R. Klein Pro Hac Vice was served by electronic

filing on appellate counsel of record in this proceeding as listed below.

Counsel for State Counsel for Appellant Ken Paxton John M. Helms Attorney General of Texas Fitzpatrick, Hagood, Smith & Uhl LLP Chateau Plaza, Ste. 1400

Charles E. Roy 2515McKinney First Assistant Attorney General Dallas, Texas 75201

Adrienne McFarland Deputy Attorney General for Criminal Justice

Edward L. Marshall Chief, Criminal Appeals Division

Joseph P. Corcoran Assistant Attorney General Supervising Attorney for Non-Capital Appeals Criminal Appeals Division

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PD-1341-14

FILED IN COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS Transmitted 7/30/2015 10:58:36 AM August 3, 2015 Accepted 8/3/2015 8:32:45 AM ABEL ACOSTA

ABELACOSTA, CLERK No. PD-1341-14 CLERK

TO THE

COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STACY STINE CARY § APPELLANT

v. § THE STATE OF TEXAS APPELLEE

On Appeal from the Court of Appeals for the Fifth Judicial District of Texas at Dallas Court of Appeals No. 05-12-01421-CR

MOTION OF THE PILLAR OF LAW INSTITUTE FOR ADMISSION OF STEPHEN R. KLEIN PRO HAC VICE

JAMES "TREY" TRAINOR III STEPHEN R. KLEIN State Bar No. 24042052 Pillar of Law Institute Beirne, Maynard & Parsons, L.L.P. 455 Massachusetts Ave. NW rth

401 W 15l St Ste. 359 Ste. 845 Washington, DC 20001-2742 Austin, TX 78701-1667 (202) 815-0855 (Tel.) (512) 623-6700 (Tel.) stephen.klein@pillaroflaw.org ttrainor(a>brnpllp.com OF COUNSEL FOR AMICUS

COUNSEL OF RECORD

NOW COMES, Stephen R. Klein, a non-resident attorney, and respectfully

requests permission to appear in this Honorable Court Pro Hac Vice on behalf of the

Pillar of Law Institute. As reason therefore, and upon my oath, I state:

1. My address and telephone numbers are: Stephen R. Klein, Pillar of Law

Institute, 455 Massachusetts Ave., ste. 359, Washington, DC 20001-2742;

202.815.0955.

2. I will be associated in the case with James "Trey" Trainor III, a practicing

lawyer and a member in good standing of the State Bar of Texas. His address

and telephone number are: Beirne, Maynard and Parsons, L.L.P., 401 W 15

Street, ste. 845, Austin, TX 78701-1667; 512.623.6700. His Texas Bar card

number is: 24042052.

3. In the past two years, I have appeared pro hac vice in Texas as counsel for

amicus curiae in the following cases: DeLay v. State, 443 S.W.3d 909, No. PD-

1465-13 (Tex. Crim. App.) (Oct. 1, 2014); Cary v. State, 460 S.W.3d 731, No.

05-13-01010-CR (Tex. App.-Dallas) (Mar. 25, 2015).

4. I am an active member in good standing of the Illinois Supreme Court and the

Michigan Supreme Court. I am also a member in good standing of the United

States District Court for the Northern District ofIllinois, the United States Court

of Appeals for the Tenth Circuit, and the United States Supreme Court.

5. I have not been the subject of any disciplinary action by any bar or courts during

the last five years.

6. I have not been denied admission to the courts of any state or to any federal

court during the last five years.

7. I am familiar with the State Bar Act, Rules of the State Bar of Texas governing

the conduct of its members, and the Texas Disciplinary Rules of Professional

Conduct, and I will comply with these rules so long as such proceeding is

pending.

8. This motion is accompanied by a motion of Trey Trainor stating that I am a

reputable attorney fit to participate in this particular proceeding.

9. I have included an acknowledgment issued by the Board of Law Examiners.

WHEREFORE, based on the foregoing, Stephen Klein respectfully prays this

court will allow me to appear in this matter Pro Hac Vice on behalf of the Pillar of

Law Institute for such other and further relief that may be awarded at law or in equity.

Signed and sworn under the pains and penalties of perjury,

Isi Stephen Klein Stephen R. Klein Pillar of Law Institute 455 Massachusetts Ave. Ste. 359 Washington, DC 20001-2742 Tel: 202.815.0955 stephen.klein@pillaroflaw.org

CERTIFICATE OF SERVICE

I certify that on July 30, 2015, a true and correct copy of this Motion of the

Pillar of Law Institute for Admission of Stephen R. Klein Pro Hac Vicewas served

by electronic filing on appellate counsel of record in this proceeding as listed below.

Counsel for State Counsel for Appellant Ken Paxton John M. Helms Attorney General of Texas Fitzpatrick, Hagood, Smith & Uhl LLP Chateau Plaza, Ste. 1400

Charles E. Roy 2515McKinney First Assistant Attorney General Dallas, Texas 75201

Adrienne McFarland Deputy Attorney General for Criminal Justice

Edward L. Marshall Chief, Criminal Appeals Division

Joseph P. Corcoran Assistant Attorney General Supervising Attorney for Non-Capital Appeals Criminal Appeals Division

P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Isi Trey Trainor James "Trey" Trainor III

Board of Law Examiners Appointed by the Supreme Court of Texas P.O. Box 13486 * Austin, Texas 78711-3486

Acknowledgment Letter Non-Resident Attorney Fee

July 22, 2015

To: Stephen Klein Via: stephen.klein@pillaroflaw.org

This Acknowledgement Letter serves as proof that the Board of Law Examiners has received $250 in connection with the following matter:

Non-resident attorney: Stephen Ralph Klein Case: PD-1341-14

Texas court or body: Texas Court of Criminal Appeals Austin

The decision to grant or deny a non-resident attorney's motion for permission to participate in the proceedings in a particular cause is made by the Texas court or body in which it is filed.

For more information, please see Rule XIX of the Rules Governing Admission to the Bar of Texas and §82.0361 of the Texas Government Code, which can be found on the Board's website.

Sincerely,

Susan Henricks Executive Director

FILED IN PD-1341-14

COURT OF CRIMINAL APPEALS COURT OF CRIMINALAPPEALS AUSTIN, TEXAS

August 3, 2015 Transmitted 7/30/2015 11:03:39 AM Accepted 8/3/2015 8:32:21 AM ABEL ACOSTA

ABEL ACOSTA, CLERK No. PD-1341-14 CLERK

TO THE

COURT OF CRIMINAL APPEALS

OF THE STATE OF TEXAS

STACY STINE CARY § APPELLANT

v. § THE STATE OF TEXAS § APPELLEE

On Appeal from the Court of Appeals for the Fifth Judicial District of Texas at Dallas Court of Appeals No. 05-12-01421-CR

MOTION OF JAMES "TREY" TRAINOR SUPPORTING ADMISSION OF STEPHEN R. KLEIN PRO HAC VICE

CO UNSEL OF RECORD

NOW COMES, James "Trey" Trainor III, respectfully requesting this

Honorable Court grant the motion on behalfofthe Pillar ofLaw Institute for admission

of Stephen R. Klein Pro Hac Vice. Upon my oath, I state:

1. Stephen R. Klein will be associated with me in the proceedings of this cause.

2. I find Stephen R. Klein to be a reputable attorney and recommend that he be

granted permission to participate in this proceeding before this Court.

Respectfully submitted,

Isi Trey Trainor JAMES "TREY" TRAINOR III State Bar No. 24042052 Beirne, Maynard & Parsons, L.L.P. 401 W 15th St Ste. 845 Austin, TX 78701-1667 (512) 623-6700 (Tel.) ttrainor@bmpllp.com

CERTIFICATE OF SERVICE

I certify that on July 30, 2015, a true and correct copy of this Motion

Supporting Admission of Stephen R. Klein Pro Hac Vice was served by electronic

filing on appellate counsel of record in this proceeding as listed below.

Counsel for State Counsel for Appellant Ken Paxton John M. Helms Attorney General of Texas Fitzpatrick, Hagood, Smith & Uhl LLP Chateau Plaza, Ste. 1400

Charles E. Roy 2515McKinney First Assistant Attorney General Dallas, Texas 75201

Adrienne McFarland Deputy Attorney General for Criminal Justice

Edward L. Marshall Chief, Criminal Appeals Division

Joseph P. Corcoran Assistant Attorney General Supervising Attorney for Non-Capital Appeals Criminal Appeals Division

P.O. Box 12548, Capitol Station Austin, Texas 78711-2548

Isi Trey Trainor James "Trey" Trainor III

Cary, Stacy Stine, (Tex. Ct. App. 2015).

Pincite

Cary, Stacy Stine (Cary, Stacy Stine) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Delay, Thomas Dale

443 S.W.3d 909 (Court of Criminal Appeals of Texas, 2014)

David Cary v. State

460 S.W.3d 731 (Court of Appeals of Texas, 2015)

Opinion

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