Ex Parte Ibraham Mustafa Altobji

• Court: Court of Appeals of Texas
• Decided: February 3, 2015
• Docket: 01-14-01008-CR
• Status: Published

Opinion

ACCEPTED 01-14-01008 FIRST COURT OF APPEALS HOUSTON, TEXAS 2/3/2015 10:07:19 AM CHRISTOPHER PRINE CLERK

01-14-01008-CR

FILED IN 1st COURT OF APPEALS IN THE FIRST COURT OF APPEALS AT HOUSTON,HOUSTON, TEXAS TEXAS 2/3/2015 10:07:19 AM CHRISTOPHER A. PRINE IBRAHIM MUSTAFA ALTOBJI Clerk

v

STATE OF TEXAS, APPELLEE

APPEALED FROM THE 182ND JUDICIAL DISTRICT COURT HARRIS COUNTY, TEXAS

EX PARTE IBRAHIM MUSTAFA ALTOBJI

MOTION FOR BRIEFING

___/s/__Gene P. Tausk_______ Gene P. Tausk TBN: 24003035 1221 Studewood Houston, TX 77008 (713) 429-5476 (713) 490-3150 (fax) gene@tauskvega.com

ATTORNEY FOR APPELLANT, IBRAHIM ALTOBJI MOTION FOR BRIEFING

TO THE HONORABLE JUDGES OF THIS COURT:

Movant, Ibrahim Mustafa Altobji moves this Honorable Court to allow briefs

to be submitted in the above styled-and-numbered cause of action.

I.

This matter is a case which was appealed from the 182nd Judicial District

Court, the Honorable Jeannine Barr presiding. The trial court case number was:

1188377B. The Honorable Judge Barr denied Movant’s Writ for Habeas Corpus

and Motion to Set Aside Plea Agreement.

II.

This matter was timely filed to this Honorable Court on or about December 4,

2014. On or about January 5, 2015, this Honorable Court decided that this matter

may be heard without briefs (set for submission only). On or about January 14,

2015, this Honorable Court decided that this matter was to be decided by submission

on the record only without the necessity of filing briefs.

III.

With respect to this Honorable Court, Movant respectfully asks that he be

allowed to file a brief in this matter. It is believed that a brief will allow this

Honorable Court to better explore the issues at hand before a decision is rendered. IV.

It goes without saying, of course, that this Honorable Court is free to

deliberate and decide this matter without the necessity of additional briefing from

either Movant or the State. However, Movant states that an Appellant brief will be

of assistance in enabling this Honorable Court to make an informed decision.

V.

Appellant requests that this Honorable Court allow a brief for the following

reasons:

1. The Honorable Jeannine Barr decided this matter through affidavits, not

through any type of oral testimony. This restricted the testimony that could

have been offered during a hearing. Appellant would like the opportunity

to correct this by providing a brief.

2. The issues presented are somewhat unique in that Movant, although asking

for what appears to be a Padilla Writ, is actually arguing that Movant was

not informed that he was accepting a plea for a Crime Involving Moral

Turpitude. Movant would like the opportunity to further brief this issue

before this Honorable Court.

VI.

For these reasons, therefore, Movant respectfully asks this Honorable Court

to allow him to brief this matter. Respectfully submitted:

TAUSK & VEGA

____//s//_____________________ Gene P. Tausk TBN: 24003035 1221 Studewood Houston, TX 77008 (713) 429-5476 (713) 490-3150 (fax) gene@tauskvega.com

ATTORNEY FOR APPELLANT, IBRAHIM ALTOBJI

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the foregoing was served upon the Harris County District Attorneys’ Office by CMRRR on February 3, 2015.

/s/ Gene P. Tausk_______ Gene P. Tausk

CERTIFICATE OF COMPLIANCE

I, the undersigned, state that this document contains approximately 504 words.

/s/ Gene Tausk___________