Ex Parte: Keith Tehdai Chitsaka

Court of Appeals of Texas·Decided August 28, 2020·No. 05-20-00770-CR·Published

Opinion

Order entered August 28, 2020

In The

Court of Appeals

Fifth District of Texas at Dallas

No. 05-20-00770-CR

EX PARTE KEITH TEHDAI CHITSAKA

On Appeal from the 366th Judicial District Court Collin County, Texas

Trial Court Cause No. 366-82291-2019

ORDER

Appellant has filed a notice of appeal seeking review of the trial court’s denial of his post-conviction application for writ of habeas corpus. This is an accelerated appeal governed by Texas Rule of Appellate Procedure 31.

We ORDER the trial court to prepare a certification of appellant’s right to appeal and to file it with the clerk’s record.

We ORDER the C o l l i n County D i s t r i c t Clerk to file the clerk’s record by September 18, 2020. We ORDER that the clerk’s record contain copies of the writ application; the State’s response to the writ application, if any; the trial court’s order adjudicating the writ application; any findings of fact and conclusions

of law issued by the trial court; the judgment in the underlying case; any other documents, pleadings, or motions related to the writ application; the trial court’s certification of appellant’s right to appeal; and any other documents requested by the parties.

We ORDER the court reporter to file, by September 18, 2020, the reporter’s record of the hearing on the writ application, written verification that no hearing was conducted, or a letter indicating why no reporter’s record has been filed.

Appellant’s brief shall be due thirty days after the record is filed, and the State’s brief shall be due thirty days after appellant’s brief is filed. See TEX. R. APP. P. 31.1(a). After the record and briefs have been filed, the Court will notify the parties of the submission date and panel.

We DIRECT the Clerk to send copies of this order to the Honorable Tom Nowak, Presiding Judge, 366th Judicial District Court; Antoinette Varela, official court reporter, 366th Judicial District Court; Lynne Finley, Collin County District Clerk; and counsel for all parties.

/s/ BILL PEDERSEN, III

JUSTICE

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