Hunter, Calvin Letroy

Opinion

Brad Hart Judge, 230™ District Court RECEIVE

1201 Franklin

50UST0PCRHti!Wi*! APPEALS Houston, Texas 77002

(713)755-6782 MAY 08 20-i

Ab@IAeos?a,G?erk

To the Honorable Court of Criminal Appeals RE: Extension of time on Calvin Hunter No. WR-968719-A

Applicant, Calvin Hunter, was convicted of capital murder on July 28, 2004. Whether -ry r> <*-*+-/al £i^*-n/> I |tt r* * <^ sy \~* ' /^ •-* it'/i r« U~, 4-

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phase of the trial. The State's only expert, Dr. George Denkowski, provided his expert opinion that applicant was not intellectually disabled. Dr. Denkowski was subsequently discredited and is now prohibited from providing expert testimony in Texas death penalty cases.

Applicant filed a writ of habeas corpus alleging, among other things, that the jury's reliance on Dr. Denkowski's false testimony violated his right to be free from cruel and unusual punishment under the Eighth Amendment, and his right to Due Process under the Fourteenth Amendment. This Court agreed and recommended that relief be granted. On April 22, 2015, the Court of Criminal Appeals remanded the case back and requested that further fact-finding be conducted to determine whether applicant suffered from significant adaptive deficits. In order to provide the Court of Criminal Appeals a comprehensive review of the factual issues and a recommendation regarding relief, I am requesting additional time to submit findings of fact and conclusions of law. After conferring with counsel, this Court respectfully requests the Court of Criminal Appeals extend the time regarding the requested factual matters for a total of 150 days from the date of the Court of Criminal Appeals' order.

Respectfully.

Judge Brad Hart 230th District Court, Harris County