Norwood, Noel Baird Iii

• Court: Court of Appeals of Texas
• Decided: April 28, 2015
• Docket: WR-83,226-01
• Status: Published

Opinion

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936-539-7853 *$pm®w^ 281-354-5511 Houston 936-788-8383 936-539-7855 Conroe

April 22, 2015

ABLE ACOSTA, CLERK COURT OF CRIMINAL APPEALS P.O. BOX 12308 AUSTIN TX 78711

RE: TRIAL CT. CAUSE NO. 1l-01-00582-CR-(l)

EX PARTE: NOEL BAIRD NORWOOD

In the 410™ District Court of Montgomery County, Texas

Dear Mr. Acoata:

Enclosed please find a copy of State's Request for Additional time to Resolve issues raised by Application for a Writ of Habeas Corpus and Motion for Extension of time to Resolve Factual issues in Application for a Writ of Habeas Corpus in the styled and number Post-Conviction Application for Writ of Habeas Corpus. Please acknowledge receipt of same on the enclosed copy of this letter.

Thank you for your assistance in this matter.

Sincerely,

Barbara Gladden Adamick District Clerk

Leah Timmons, Deputy COURT OP CWMIM*L APPEALS APR H 2015

Abel Aerate, Clerk RECEIVED AND FILED ~, „FOR RECORD _. At oV.c^N o'clock P M.

APR 17 2015 CAUSE NO. ll-01-00582-CR-(l) Barbara gladden adamick District Clerk M(^TGOI\'l£R>eO'UNTY. TEXAS EX PARTE § INTHEDISTWCTvCOTfTTOR-Dep ty NOEL BAIRD NORWOOD § THE 410TH JUDICIAL DISTRICT, § § MONTGOMERY COUNTY, TEXAS

STATE'S REQUEST FOR ADDITIONAL TIME TO RESOLVE ISSUES RAISED BY APPLICATION FOR A WRIT OF HABEAS CORPUS

The applicant, Noel Baird Norwood, was charged by indictment with the

offense of Aggravated Sexual Assault, alleged to have occurred on or about

September 23, 2010. The applicant entered a plea of "not guilty," but the jury

found the applicant guilty as charged. The jury assessed his punishment at

imprisonment for six years. The Ninth Court of Appeals affirmed applicant's

conviction and sentence, and his conviction became final on October 7, 2013.

On October 17, 2014, the applicant filed his first application for writ of

habeas corpus pursuant to article 11.07, of the Texas Code of Criminal Procedure,

alleging that trial counsel did not provide the effective assistance of counsel. The

State received a copy of the application from the district clerk on October 27,

2014.

This Court issued an order designating issues to be resolved and requiring

the applicant's trial counsel, Mr. Scott Ramsey, to submit an affidavit responding to the applicant's claims. Ramsey filed an affidavit with this Court on December

26, 2014, explaining that, due to numerous issues, he had been unable to address

the questions posed by this Court and requesting at least 30 days of additional time

to complete his affidavit. To date, no additional affidavit has been filed.

The Court of Criminal Appeals recently adopted amendments to the rules of

appellate procedure requiring that the trial court resolve all fact issues in a writ of

habeas corpus withiri_180 days of the date the State received notice of the petition.

See Tex. R. App. P. 73.5. The 180 days will expire in this case on or about April

25, 2015. Therefore, the State respectfully requests that this Court submit to the

Court of Criminal Appeals a motion for extension of time to resolve the factual

issues raised by the application for a writ of habeas corpus.

Respectfully submitted,

Brett W. Ligon District Attorney Montgomery County, Texas

assistant District Attorney Montgomery County, Texas SBT No. 24072468 207 W. Phillips, Second Floor Conroe, Texas 77301

jason.larman@mctx.org CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing motion and the proposed motion

for extension of time was e-mailed to the attorney for the applicant on the date of

the filing of the original with the clerk of this Court.

Assistant District Attorney Montgomery County, Texas {^f«j4 s1lj*nfA I ^B^* 6o'c'oa P • M.

TRIAL COURT CAUSE NO. ll-01-00582-CR-(l) BARaA^ GUDn. EX PARTE § IN THE COURT OF ^S^^C^s § NOEL BAIRD NORWOOD § CRIMINAL APPEALS § § OF TEXAS

MOTION FOR EXTENSION OF TIME TO REOLVE FACTUAL ISSUES IN APPLICATION FOR A WRIT OF HABEAS CORPUS

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The 410th District Court of Montgomery County, Texas, requests an

additional 60 days to resolve the factual issues raised by the application for a writ

of habeas corpus in this case, and would respectfully show as follows:

I.

The applicant, Noel Baird Norwood, was charged by indictment with the

offense of Aggravated Sexual Assault, alleged to have occurred on or about

September 23, 2010. The applicant entered a plea of "not guilty," but the jury

found the applicant guilty as charged. The jury assessed his punishment at

imprisonment for six years. The Ninth Court of Appeals affirmed applicant's

conviction and sentence, and his conviction became final on October 7, 2013.

The ^applicant, filed^ ofAakeas.corpus on.

October 17, 2014. The State received notice of the application on October 27, 2014, and this Court designated factual issues to be resolved on November 18,

2014. The Court ordered the applicant's trial counsel to file an affidavit within 30

days of the order designating issues. Unfortunately, trial counsel did not receive a

copy of the order until December 17, 2014, and submitted an affidavit on

December 26, 2014, explaining why he had been unable to comply with the

deadlines originally set by the order designating issues and requesting additional

time to address the applicant's claims. At this time, trial counsel has not submitted

an affidavit as ordered by this Court.

Therefore, the 410th District Court of Montgomery County, Texas

respectfully requests an additional 60 days to resolve the factual issues raised by

the application for a writ of habeas corpus, until June 24, 2015.

^es^^^uage 4Wfh District Court Montgomery County, Texas