Davis, Walter Eugene

Opinion

WR-84,028-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 10/21/2015 6:25:05 PM Accepted 10/22/2015 8:21:53 AM No. W-08-00678-A ABEL ACOSTA CLERK

EX PARTE § IN THE COURT OF

§ CRIMINAL APPEALS RECEIVED WALTER DAVIS § OF TEXAS COURT OF CRIMINAL APPEALS 10/22/2015 ABEL ACOSTA, CLERK

CORRECTED MOTION TO REMAND FOR EVIDENTIARY HEARING

TO THE HONORABLE JUDGES OF SAID COURT:

COMES NOW, WALTER DAVIS, Petitioner, and makes the

following request for relief:

1.

This is a postconviction habeas corpus petition. Petitioner was

convicted of the offense of burglary of a habitation with intent to

commit a felony and punishment was assessed at 40 years

imprisonment in cause no. F08-00678-U, pending in the 291st District

Court of Dallas County, the Hon. Susan Hawk, then-judge, presiding.

Petitioner originally filed his application pro-se, but later

retained the undersigned counsel. The parties had been discussing a

suitable date for a hearing on this application and had tentatively set a

date of November 23, 2015. Unbeknownst to counsel, the clerk of the

trial court on or about October 13, 2015 sent the file to this Court.

_______________________________________________________________ Motion to Remand for Evidentiary Hearing Page 1 of 3 2.

The parties intended to conduct an evidentiary hearing in this

case before a special master and intended that findings of fact and

conclusions of law be prepared. No party instructed or asked the trial

court to send the file to this Court before those events occurred.

Therefore, Petitioner prays that the Court remand the case to the trial

court so that an evidentiary hearing may be held and that the case

proceed from there according to TEX. CODE CRIM. PROC. art 11.07.

WHEREFORE, Petitioner prays that his motion be in all respects

granted.

Respectfully submitted,

/s/ John D. Nation John D. Nation State Bar No. 14819700 4925 Greenville Ave., Suite 200 Dallas, Texas 75206 214-800-5160 214-800-5161 (facsimile) nationlawfirm@gmail.com

Faith S. Johnson State Bar No. 18367550 5201 N. O’Connor Blvd., Suite 500 Irving, Texas 75039 972-401-3100 972-401-3105 (fax) fjassociates@att.net

_______________________________________________________________ Motion to Remand for Evidentiary Hearing Page 2 of 3 Lisa Fox State Bar No. 07334950 6565 N. McArthur Blvd., Suite 225 Irving, Texas 75039 214-432-1095 972-401-3105 (fax)

Attorneys for Petitioner

CERTIFICATE OF SERVICE

This is to certify that I have served a true copy of this motion on

Hon. Christine Womble, Assistant District Attorney, Dallas County,

Frank Crowley Courts Bldg., 133 N. Riverfront, Dallas, Texas 75208,

via the electronic filing system on this 21st day of October 2015.

/s/ John D. Nation John D. Nation

_______________________________________________________________ Motion to Remand for Evidentiary Hearing Page 3 of 3