Gorham, Brian Keith

• Court: Court of Appeals of Texas
• Decided: December 19, 2017
• Docket: WR-84,647-03
• Status: Published

Opinion

BRIAN KEITH GORHAM EASTHAM UNIT 199B550 2665 PRISON ROAD ONE LOVELADY, TX 75B51

December 12, 2017

COURT OF CRIMINAL APPEALS P.O. BOX 12308 CAPITOL STATION AUSTIN, TX 78711

RE: EMERGENCY MOTION TO STAY CCA NO. WR-8<*,6:#-03

Dear Clerk:

Relator/Movant has encloseddthe original "Emergency Motion to Stay" for presentment to this Honorable Court. Believing in good faith that this task

will be done and a ruling will be had--] uithin 10 days of receipt. Relator/ movant is also requesting for this Clerk to file date stamp the attached copy of this letter and return it at the address listed above. Thank you for your

time in this matter.

Regerds,

(Uifl/w V- )JUU^^ BRIAN K.'GORHAM

RECEIVED IN COURT OF CRIMINAL APPEALS

DEC 19 201?

Deana Williamson, Clerk BRIAN KEITH GORHAM EASTHAH UNIT 1998550 2665 PRISON ROAD ONE LDVELADY, TX 75B51

DecsnaBr 12, .2017 -

COURT OF CRIMINAL APPEALS ! P.O. BOX 12.VJS CAPITOL STATION -t AUSTIN, TX 78711 .. ..-.'

RE: EMERGENCY MOTION TO STAY CCA N0.[,WRr8V,67<'-03 • - : . \trt\$A .. , \ ..'^- "** • .

Regards,

BRIAN K. GORHAM

' ' •• if CCA NO. UR-B4,647-03 TRIAL COURT NO. 2012 CR10383-U1

EX PARTE § IN THE COURT OF § CRIMINAL APPEALS BRIAN KEITH GORHAM § AUSTIN, TEXAS

MOTION REQUESTING LEAVE TO FILE MOTION TO STAY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Brian Keith Gorham, Movant Pro Se in the above styled and numbered

cause with this MOTION REQUESTING LEAVE TO FILE MOTION TO STAY pursuant to Tex.R.App. Proc. 72.1 and/or 72.2.

I.

Movant seeks permission from this Court to file ad!MDTI0N TO STAY as Movant has no other remedy by appeal.

II.

Movant proceeds Pro Se and is a layman of the law, unskilled and without training in the drafting of legal papers. Therefore, he is entitled to a less stringent standard than those pleadings filed by lawyers. Haines v. Kerver, 404 U.S.519, 520(1972); H Hernandez v. Thaler, 630 F.3d 420, 426-27 (5th Cir. 2011).

PRAYER

WHEREFORE, Movant prays this Court grant this MOTION TO .SJflY allowing Movant's Motion to Stay to be considered.

UN5UJ0RN DECLARATION

I, Brian Keith Gorham, do declare that this document is true and correct and swear under penalty of perjury to the facts herein.

Executed pn this the Ip^day of \$T&whjA, 2017.

Movant Pro Se

(1) CCA NO. ^R-84,647-03 TRIAL COURT NO. 2012-CR-103B3-U1

EX PARTE § IN THE CDURT QF § CRIMINAL APPEALS BRIAN KEITH GORHAM ' § AUSTIN, TEXAS

EMERGENCY MOTION TO STAY

COMES NOW, BRIAN KEITH GORHAM, Relator, Pro Se, in the styled and numbered cause of action and files this Motion to Stgay pursuant to Tex.R.App.Proc. 52.10(a) and will show thesCourt the following:

On August 23, 2D17, this Court ordered the 175th District Court of BexarxCounty to further develop the record in Applicant's! 11.07 Writ of habeas corpus. ThisE order stated in pertinent, "The trial court shall order trial counsel to respond again to the above claims and elaborate on his strategy and reasoning." The trial Court did this and made her "Supplemental Order" including Facts Finding and Conclusions of Law on November 3D, 2017, 'within the prescribed time allotted by this Court. Relator didr* NOT receive a copy of the "Supplemental Order" until December 12, 2017, this can be verified throughtthe prison legal mailroom.

Relator believes under Tex.R.App.Proc. 73.4(b)(2) stating in- pertinent "a party has 10 days from the date he receives the findings to file objections, ..." Movant is notifying the Courts that objection will be made within the 10 days and requests that the Court of Criminal Appeals stay any proceedings in it's decision making untilrrisuch objections are received. Relator believes that there could be a decision in this case due to the delay in reception of the "Supplemental Order" and between the time to concoct and mail to the Court and respectfully requests temporary relief by stay until objections are submitted and reviewed.

FOR ALL THESE REASONS, Mr. Brian Keith Gorham, respectfully prays this Honorable

Court of Criminal Appeals GRANT this EMERGENCY MOTION TO STAY allowing Applicant to file objections to the 175th Dist. Courts "Supplemental Order" Facts Finding and Conclusions

of Law.

(1) CERTIFICATE OF SERVICE

I hereby certify that on this 12th day of December, 2017, a true and correct carbon

copy of the above foregoing Emergency Motion to Stay was transmitted to the District Clerk of Bexas County. 101 U. Nueva, Suite 217, San Antonio, Texas 7B205.

Relator

DECLARATION

I, Brian Keith Gorham, TDCJ/CID # 1998550, being presently incarcerated in the Eastham Unit of the Texas Department of Criminal Justice against my will, in Houston County, Texas, verify and declare under penalty of perjury that the foregoing statements are true and correct.

Executed o nthis \iy day of [^/CgM^Wv , 2017.

ORDER

On this the of , 2017, came to be heard Relator's EMERGENCY

MOTION TO STAY and said motion is hereby:

( ) GRANTED ( ) DENIED

Signed this , day of , 2017.

JUDGE PRESIDING

(2)