Miles, Kurt Andre

• Court: Court of Appeals of Texas
• Decided: June 18, 2015
• Docket: WR-75,780-02
• Status: Published

Opinion

?s,W -fiZ DENISE COLLINS Judge, 208th District Court

1201 Franklin

Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219

Mona Natemeyer Court Coordinator

In the Court of Criminal Appeals at Austin

RECEIVED IN Writ No. WR-75-780-02 COURT OF CRIMINAL APPEALS No. 1087429-B In the 208th District Court JUN 18 2015 of Harris County, Texas Ar0©!AoQS£ssGterk Ex parte Kurt Andre Miles

Trial Court's Request for Extension To Supplement Habeas Record on Remand

The 208th District Court of Harris County, Texas, moves the Honorable Court

of Criminal Appeals to grant a first extension of time to comply with its remand order

(dated March 18, 2015) to conduct factual investigation for the instant application for

writ of habeas corpus in the above-captioned cause and will show the following in

support thereof:

On March 28, 2013, habeas counsel George Parnham filed an application for

writ of habeas corpus in cause number 1087429-B on behalf of the applicant. The DENISE COLLINS Judge, 208th District Court

1201 Frankun

Houston, Texas 770O2 (713)755-6374 Fax:(713)368-9219

State was served with the application on May 8, 2013. On May 23, 2013, the State filed

a motion requesting designation of issues in cause number 1087429-B. On June 4,

2013, this Court entered an order designating issues needing to be resolved in cause

number 1087429-B.

On April 21, 2014, the State filed an answer and proposed order designating

issues and for filing affidavit in cause number 1087429-B. On May 30, 2014, this Court

entered an order designating issues needing to be resolved in cause number 1087429-B

and ordering trial counsel Wilfred Anderson submit an affidavit concerning his

representation of the applicant.

On October 29, 2014, the State filed proposed findings and conclusions of law

in cause number 1087429-B. On January 30, 2015, this Court entered findings of fact

and conclusions of law in cause number 1087429-B.

On March 18, 2015, the Court of Criminal Appeals issued an unpublished order

remanding the instant cause to this Court in writ number WR-75,780-02 and ordering

that this Court resolve factual issues by, among many options, obtaining affidavits or

conducting an evidentiary hearing to address the applicant's factual claims of ineffective DENISE COLLINS Judge, 208th District Court

assistance of counsel in trial. Ex parte Miles, No. WR-75,780-02 (Tex. Crim. App.

March 18, 2015). The Court of Criminal Appeals' remand order required the trial court

to resolve factual issues byJune 16, 2015, and supplement the habeas record byJuly 16,

2015.

On April 24, 2015, the State filed a motion requesting order for filing affidavit in

cause number 1087429-B. On this same date, this Court entered an order for trial

counsel Wilfred Anderson to again file an affidavit concerning his representation of the

applicant. Unforeseen flooding in Houston in late May, difficulty locating the appellate

record, and family circumstances lead to a delay in the receipt of Mr. Anderson's

affidavit. Mr. Anderson's affidavit was received on June 10, 2015. Additionally, the

State has requested medical records from several facilities where the applicant may have

received mental health treatment in 2004, in order to address the factual issues

delineated in the Court of Criminal Appeals' remand order. These records are not yet

available for review. Upon receipt and review of these items, this Court will enter

findings of fact as ordered by the Court of CriminalAppeals.

II. DENISE COLLINS Judge, 208th District Court

THEREFORE, this Court respectfully requests a sixty (60) day extension of

time, to resolve factual issues, enter findings of fact, and supplement the habeas

transcript with the findings of fact, affidavits, and other documentation necessary to

resolve factual issues and to forward such habeas transcript to the Court of Criminal

Appeals in writ number WR-75,780-02.

III.

WHEREFORE, PREMISES CONSIDERED, this Court respectfully requests

that the Court of Criminal Appeals allow an additional sixty (60) days, to fully comply

with its order in writ number WR-75,864-03.

SIGNED this

PRESIDING JUDGE, 208™ DISTRICT COURT HARRIS COUNTY, TEXAS