Kennedy, William Alan

Opinion

WR-32,388-02

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 6/13/2016 11:04:25 AM Accepted 6/13/2016 11:10:44 AM ABEL ACOSTA

IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS

AUSTIN, TEXAS RECEIVED COURT OF CRIMINAL APPEALS 6/13/2016

ABEL ACOSTA, CLERK

EXPARTE § § § NO. WR-32,388-02 §

WILLIAM ALAN KENNEDY §

WRIT NO. C-4-010655-1203407-A TRIAL NO. 1203407D

EXPARTE § IN THE CRIMINAL DISTRICT § § COURT NUMBER FOUR §

WILLIAM ALAN KENNEDY § TARRANT COUNTY TEXAS

APPLICANT'S OBJECTIONS TO TRIAL COURT ORDER

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES the Applicant, WILLIAM ALAN KENNEDY, and submits

these Objections to the Order of the Trial Court entered May 26, 2015, adopting the

State's Proposed Memorandum, Findings of Fact and Conclusions of Law and

recommending that Applicant's writ application be denied:

I.

The trial court has entered no independent findings or conclusions and engaged

Applicant's Objections to Trial Court Order - Page 1 in no analysis of the arguments raised in this writ application. It is the duty of the

trial court to issue its own findings and make its own decision and not to simply let

the state make the decision for the court.

II.

Applicant filed a lengthy Memorandum in Support of Application for Writ of

Habeas Corpus along with his writ application. The arguments contained within that

memorandum were thoroughly researched and presented to the court. Applicant re-

urges those arguments as part of his objections to the trial court's order.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that the Court

of Criminal Appeals grant his requested relief.

Respectfully submitted,

~·~--~~~- ·~--

GARY A. UDASHEN State Bar of Texas No. 20369590

SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax

Attorney for Applicant

Applicant's Objections to Trial Court Order - Page 2

CERTIFICATE OF SERVICE

I, the undersigned, hereby certify that a true and correct copy of the foregoing Applicant's Objections to Trial Court Order was electronically to the Tarrant County District Attorney's Office, on this the 13th day of June, 2016.

GARY A. UDASHEN

Applicant's Objections to Trial Court Order - Page 3