Garcia, Frank Martinez

• Court: Court of Criminal Appeals of Texas
• Decided: January 11, 2012
• Docket: WR-66,977-02
• Status: Published

Opinion

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. WR-66,977-02

IN RE JIM MARCUS AND RICHARD BURR

ORDER TO APPEAR AND SHOW CAUSE FOR UNTIMELY FILED PLEADINGS IN APPLICANT GARCIA’S CASE FROM CAUSE NO. 2001CR4925-W2 IN THE 290 TH JUDICIAL DISTRICT COURT BEXAR COUNTY

Per Curiam. P RICE, J OHNSON, and A LCALA, JJ., dissent. H ERVEY, J., not participating.

ORDER

Applicant Frank Martinez Garcia was set for execution on Thursday, October 27,

2011. Counsel filed in the trial court on applicant’s behalf on October 26, 2011, a

subsequent writ application. He filed a motion for stay of execution on October 27, 2011.

Pursuant to our Miscellaneous Rule 11-003 setting out the requirements and possible

consequences of filing pleadings within the seven days preceding an applicant’s execution,

counsel Jim Marcus and Richard Burr filed with the untimely pleadings a declaration Marcus/Burr/Garcia - 2

purporting to explain the untimely pleadings.

The Court found counsels’ declaration to be insufficient. However, before the Court

took any action pursuant to Miscellaneous Rule 11-003, it ordered both counsel to appear

before it at 9:00 a.m. on Wednesday, January 11, 2012. Counsel appeared as ordered. After

hearing counsels’ explanation, the Court finds that both counsel are in contempt of this Court

and assesses punishment at a fine of $500.00 each. The Court further suspends the

imposition of both fines for a period of one year. On the condition that counsel do not

violate the current filing rule during that period of time, the Court will thereafter vacate the

punishment.

IT IS SO ORDERED THIS THE 11 th DAY OF JANUARY, 2012.

Do Not Publish