Russeau, Gregory

• Court: Court of Appeals of Texas
• Decided: March 13, 2015
• Docket: AP-74,466
• Status: Published

Opinion

Smith County Courthouse LolS ROQSTS v_-_, (903)590-1675 100 N. Broadway, Room 204 ** Pax (903)590-16613 Tyler, Texas 75702 SlTlith COUIlty DiStNCt Clefk TTY/TDD (903) 535-0675

March 10,2015

Dear Mr. /Ms.

mmwmm RE:

GREGORY LYNN RUSSEAU MAg |9 £01! Polunsky Unit #0099430 3872 Fm 350 South Livingston, Texas 77351

Cause No.: 114-0750-02

Enclosed you will find:

FORMAL SENTENCING PURSAUNT TO MANDATE FROM THE TEXAS COURT OF CRIMINAL APPEALS

ORDER SETTING DATE OF EXECUTION

ORDER FOR ISSUANCE OF WARRANT OF EXECUTION

DEATH WARRANT

Sincerely,

Lois Rogers, Smith County District Clerk

Bv. U^^Cc^^^ta^ Linda Ruth Rhymes, Deputy CAUSE NUMBER 114-0750-02

THE STATE OF TEXAS ££ X IN T J&J& JUDICIAL VS. X DISTRICTtfcQ&RTii^ ^ GREGORY RUSSEAU SMITH COUNTY, \S

FORMAL SENTENCING PURSUANT TO MANDATE FROM TEXAS COURT OF CRIMINAL APPEALS ORDER SETTING DATE OF EXECUTION a ORDER FOR ISSUANCE OF WARRANT OF EXECUTION

Judge Presiding: Date of original sentence CHRIST! KENNEDY and Judgment: October 10, 2002 Date of subsequent sentencing and Judgment following remand from Court of Criminal Appeals: April 20, 2007 Date of formal sentencing upon Mandate affirming case and denial of 11.071 Writ Application and following denial of federal Writ Application by U.S. District Court and Fifth Circuit Court of Appeals: March 6, 2015

Attorney for State Attorney for Defendant: at trial: Jack Skeen Jr. at trial: Clifton Roberson Matt Bingham Brandon Baade Brett Harrison (1st trial)

Attorney for State Attorney for Defendant: at trials: Matt Bingham at trial: Clifton Roberson April Sikes Brandon Baade (2d punishment trial)

Attorney for State at Current Writ Counsel for formal sentencing: Defendant: Jeff Haas Matt Bingham April Sikes

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE Offense Convicted of: Date Offense Committed:: Capital Murder May 30, 2001

Charging Instrument: Indictment Plea: Not Guilty

Terms of: Plea Bargain: None

Plea to Enhancements: None Finding on Enhancements: None

Findings oh Use of Deadly Weapon:: Not Applicable Enumerated Offense 3G

Date Sentence Pronounced: Court Costs: $14 9.50 October 10., 2 002

Date Sentence Formally Pronounced After Second Punishment Trial Following Remand from Court of Criminal Appeals: April 20, 2007 Date Sentence Formally Pronounced following Mandate from Texas Court of Griminal Appeals affirming Judgment and Sentence following denial of 11.07} writ application, and following denial by US District Court and Fifth Circuit Court of Appeals of federal writ application and setting first date of execution: March 6, 2015 DATE OF EXECUTION;; June 18, 2015 as provided by law Punishment: Date Set for Execution; Death by lethal injection June 1.8, .2.015 as as provided by law provided by law Place of Execution: As provided by law in the Texas Department of Criminal Justice - Institutional Division (formerly Texas Department of Corrections, State Penitentiary)

JUDGMENT AND SENTENCE UPON FORMAL SENTENCING WARRANT OF EXECUTION

_The Defendant having been indicted in the above numbered and entitled cause of action for the felony offense of Capital Murder was on the September 5, 2002 called for trial, the State appeared by her Criminal District Attorney, JACK M. SKEEN, JR. (together CERTIFIED TO BEATRUE ' AND CORRECT COPY FILED INTHE SMITH COUNTY DISTRICT CLERK'S OFFICE with his Assistant District Attorney, D. MATT BINGHAM ), and the Defendant, GREGORY RUSSEAU, appeared in person and with his counsel, CLIFTON ROBERSON and BRANDON BAADE-, and whereupon the State of Texas announced ready, the Defendant announced ready, and the jury selection was then and there commenced. Following jury selection, on September 30, 2002, the defendant, GREGORY RUSSEAU in open Court was duly arraigned arid in person pleaded NOT GUILTY to the charge contained in the indictment, and demanded his right to a trial by jury. The State having previously announced that it intended to seek, the death penalty upon any conviction of the defendant for the offense of Capital Murder, the case proceeded to trial. Up

_The Defendant, GREGORY RUSSEAU, having been found GUILTY of Capital Murder by the unanimous verdict of the Jury and thereupon, with the Defendant., GREGORY RUSSEAU, and all his counsel and counsel for the State being present in open Court, further evidence being heard by the jury on the special issues pertaining to punishment the Court again charged the jury as provided by law on •r^WrT- tSSUeS'of the retired m charge ThS proper JU±Y' aftSr hearl:ng officer *******their to consider of counsel, verdict and afterward were brought into open Court by the proper officer- lt;ant' GRffY RUSSEAU' *nd all his counsel being presen; along with counsel for the State., and in due form on October 10, 2002 said jury did return into open Court answers of "Yes " "Yes " and "No" to Special Issues One, Two and Three," respectively. ' DEATH^L^ ^ T °Ct0ber 10' 2002 Prono^ced sentence at RUSSEAU was asked by 1' RUSSEAU, wafrkH°K Court****** the "* whether^he Said defendant,to GREGORY had anything say why s:aid sentence should not be pronounced against him, subject to mandatory appeal and mandate, and he answered nothing at bar

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE thereof, and the Court finding that the Defendant, GREGORY RUSSEAU, was at all applicable times and at that time mentally competent ana understanding of the English language, and the Court proceeded, then in the presence of the Defendant, GREGORY RUSSEAU and his counsel to pronounce sentence, subject to mandatory appeal, against him and signed a judgment to that effect.

The Court certified the record for appeal and an appeal to the Texas Court of Criminal Appeals followed.^ Oh the June 29, 2005, the Texas Court of Criminal Appeals affirmed Defendant GREGORY RUSSEAU's conviction, but vacated the sentence of death '• and remanded his case for a new punishment hearing. On remand, the trial court conducted a new punishment hearing. The Defendant, GREGORY RUSSEAU, having been found GUILTY of Capital Murder by the unanimous verdict of the first Jur-y, a second jury was selected, impaneled and sworn, thereupon, with the Defendant, GREGORY RUSSEAU, and all his counsel and counsel for the State being present in open Court, further evidence being heard by the jury on the special issues pertaining to punishment, the Court again charged the jury as provided by law on the special issues, and the jury, after hearing argument of counsel, retired in charge of the proper officer to consider their verdict and afterward were brought into open Court by the proper officer. On April 20 2007 the Defendant, GREGORY RUSSEAU, and all his counsel being present- along with counsel for the State, and in due form said jury did return into open Court answers of "Yes," "Yes," and "No" to Special Issues One> Two and Three, respectively. The Court then pronounced sentence at DEATH, according to law and further the said Defendant,. GREGORY RUSSEAU, was asked by the Court whether he had anything to say why said sentence should not be pronounced against him, subject to mandatory appeal and mandate, and he answered nothing at bar thereof, and the Court finding that the Defendant, GREGORY RUSSEAU, was at all applicable times and at that time mentally competent and understanding of the English language, and the Court proceeded, then in the presence of the Defendant, GREGORY RUSSEAU and his counsel to pronounce sentence subject to mandatory appeal, against him and signed a judgment to that effect.

Subsequently, Defendant's state Applications for Writ of Habeas Corpus were denied, the Application for Writ of Certiorari was denied by the United States Supreme Court, and his federal Application for Writ of Habeas Corpus was denied by the United CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE States District Court and said denial was affirmed by the Fifth Circuit court of Appeals. The trial court received the Mandate commanding the trial court to observe the order of the Texas Court of Criminal Appeals in this case and to duly recognize, obey and execute said mandates. s y "•

On March 6, 2015, this case was again called for formal sentencing in accordance, with the verdicts and Judgment herein rendered and entered against the Defendant, GREGORY RUSSEAU, on April 20, 2007; setting of date of execution; and Order for Issuance of the Warrant of Execution upon the orders of the Texas Court of Criminal Appeals Mandate,'and the State appeared by her Criminal District Attorney D. Matt Bingham {together with her Assistant Criminal District Attorney April, sikes) and the Defendant, GREGORY RUSSEAU, appeared in person and with state writ counsel JEFF HAAS, and whereupon the State of Texas announced ready and the Defendant was present with counsel. Thereupon the Defendant, GREGORY RUSSEAU, through his counsel, was asked by the Court whether he had anything to say or offer at bar as to why sentence should not be formally pronounced against him and said counsel indicated there was nothing he had to offer at. bar as to which sentence should not be formally pronounced and a date of execution set. it appearing to the Court .that the Defendant GREGORY RUSSEAU, was mentally competent and understanding of the English language, the Court proceeded, in the presence of the said Defendant, GREGORY RUSSEAU, and all his counsel and counsel for the State in-open Court to formally pronounce Judgment and Sentence against, the Defendant in accordance with the. jury's verdicts and mandate of the Texas Court of Criminal Appeals; to set the date of execution, and to order issuance of the Warrant of Execution as rollows:

RUSSEAIJ who RUSSEAU has been °l'•*•? whoThL°HDfiR adjudged?URT' to bethat thG ofSaid GUILTY theD**«*«tf GREGORY felony offense of CAPITAL MURDER, as charged in the indictment in this cause, °a Capital Felony; and that the said Defendant, GREGORY RUSSEAU committed said offense on the 30- day of May, 2001,' as found by the jury and whose punishment has been assessed by application of law to the verdicts- of the Jury on the Special issues submitted and the Judgment of the Court, by DEATH, according to law, and Tt is Sh^' *thcat. !hB Defendant' GREG0RY ROSEAU, be taken'by the the the Clerk J^ Clerk of this T^' ^^issue Court shall Md and by *** ^^ kept toin said deliver until* Sheriff DEATH WARRANT (also known as aWARRANT OF EXECUTION,, in accordance with this Judgment and Sentence, directed to the Director of the

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary), at Huntsville, Texas, commanding him, the said Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Teas Department of Corrections - State Penitentiary) to put into execution the Judgment and Sentence of DEATH against the said GREGORY RUSSEAU, and immediately upon the issuance of said WARRANT OF EXECUTION, the Sheriff of Smith County, Texas is directed to take the. said GREGORY RUSSEAU, together with the said WARRANT OF EXECUTION, to the Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary, or other person legally authorized to receive such convicts, and. deliver the said GREGORY RUSSEAU"and said WARRANT OF EXECUTION into the custody of said Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary), and the said Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary) is hereby COMMANDED and DIRECTED to keep the said GREGORY RUSSEAU until the 18th day of June. 2QT^

upon which day, at the Texas Department of Criminal Justice - Institutional Division (formerly known as the. Texas Department of Corrections, State Penitentiary,, at any time after 6:00 p.m. in a room arranged for the purpose of execution, the Director of the Texas Department of Criminal Justice - Institutional Division {formerly known as the Texas Department of Corrections, State Penitentiary) is hereby, acting by and through the executioner designated by said Director as provided by law, COMMANDED, ordered and DIRECTED to carry out this Judgment and Sentence of DEATH by intravenous injection of a substance or substances in a lethal quantity sufficient to cause the death of the said GREGORY RUSSEAU and until said GREGORY RUSSEAU is dead, such procedure to be determined and supervised, in accordance with law, by the said Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary).

CERTIFIED TO BEATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE ORDERED IN OPEN COURT-ON THE 6*h day of March, 2015. SIGNED ON THIS THE J^T day of March, 2015

HONORABLE CHR^TI KENNEDY JUDGE, 114TH DISTRICT COURT SMITH COUNTY, TEXAS

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE ORDER

THEREFORE, it is the further- ORDER and the Judgment of this Court that the Director of the Texas Department of Criminal Justice - Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary), acting by and through "the executioner designed by said Director as provided by law, be and is hereby DIRECTED, ORDERED arid COMMANDED to, at any time after the hour of 6:00 p.m. on the 18"> dav. of June. 20IS. in a room arranged for the purpose of execution at the Texas Department of Criminal Justice -, Institutional Division (formerly known as the Texas Department of Corrections, stat.e Penitentiary) to carry out this Judgment and Sentence of DEATH by intravenous injection of 'a substance or substances in a lethal quantity sufficient to cause the death of the said GREGORY RUSSEAU and until said GREGORY RUSSEAU is dead, such procedure tP be determined arid supervised, in accordance with law, by the said Director of the Texas Department of Criminal Justice -^ Institutional Division (formerly known as the Texas Department of Corrections, State Penitentiary). SIGNED THIS THE 9th day of March, 2015.

HONORABLE CHRIST.^ KENNEDY JUDGE, U4TH DISTRICT COURT SMITH COUNTY, TEXAS

CERTIFIED TO BE ATRUE ANDCORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE WARRANT OF EXECUTION

ALL IN ACCORDANCE with this Warrant of Execution (Death Warrant) for the execution of the sentence of DEATH, and in accordance with the Judgment, Sentence (and previous Formal Re sentencings), and order Setting Date of Execution and Order for Issuance of Warrant of Execution of this Court, show herein, which I certify to be true and correct copies of such documents now on file^ in my office and entered on the Minutes of said Court. A certified true and correct copy of the Judgment and Sentence entered by the Court on April 20, 2007, which was affirmed by the Texas Court of Criminal Appeals, is .attached hereto as Exhibit "A". HEREIN FAIL NOT, BUT DUE RETURN MAKE OF THE WARRANT OF EXECUTION SHOWING HOW YOU HAVE EXECUTED THE SAME.

Given under my hand and seal of the 114th Judicial District Court of Smith County, Texas on this the 6th day of March, 2015.

C3jU> rpy^ LOIS ROGERS DISTRICT CLERK/SMITH COUNTY, TEXAS CLERK OF THE 114TH JUDICIAL DISTRICT COURT SMITH CQUMTY, TEXAS

DE-P^K?* DISTRICT CLERK Print P r i n t Ne Name:

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE CAUSE NO: 114-0750-02

THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS § SMITH COUNTY, TEXAS § 114TH DISTRICT COURT GREGORY LYNN RUSSEAU

TO THE DIRECTOR OF THE INSTITUTIONAL DIVISION OF THE TEXAS DEPARTMMEMT OF CRIMINAL JUSTICE AND TO THE SHERIFF OF SMITH COUNTY, TEXAS:

On October 10,2002, the above - named defendant, In the above styled and numberedcausewasconvictedof the offense of Capital Murder. After remand for a new punishment trial, on April 20, 2007, the Court sentenced the above- named defendant to death in accordance with the findings of the jury, pursuant to the Texas Code of Criminal Procedure. The Court, having received the Texas Court of Criminal Appeals' affirming the above name Mandate having received notice of the Court of Criminal Appeals" denial of the defendant's Initial application for writ of habeas corpus sentenced the above-names defendant to death for the offense CAPTIAL MURDER and ORDERSthat the execution be had as provided by law, the 18* day of June, 2015, at any time after the hour of 6)00 P.M. at the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas.

The Sheriffof Smith County, Texasis hereby commanded to transportthe defendant to the Institutional Division of the Texas Department of Crtmlnal Justice and deliver the defendant and this warrant to the Director of the Institutional Division of the Texas Department of Criminal Justice for the purpose of executing this warrant, and to take from the Director of the proper receipt for the defendant, andthe Sheriff will return the receiptto the office of the District Clerk of Smith county, Texas.

The Director of the Institutional Division of the Texas Department of Criminal Justice is hereby commanded to receive from the Sheriff the defendant and this warrant and to give his receipt to the Sheriff, and to safely keep the defendant and to execute the sentence of death at any time after the hour of 6:00 P.M. on the day and date specified In paragraph twoof this warrant, bycausing a substance orsubstances inalethal quantity to be intravenously injected intothe body of defendant to continue untilthe defendant isdeceased, obeying alllaws of the State of Texaswith reference to such execution.

WITNESS MY HAI f£ AND1SlAiu?f SI the 114th Judicial District Court of Smith County, Texas, at myoffice in the City of Tyler, Texas, on the dayofSLTi&G^Oig:.

LOISIPOGERS; DlsWict Clerk Smith County, Texas 100 N. Broadway Suite #204 Tyler, Texas 75702

CERTIFIED TO BE ATRUE FnpmvTC0RRECTC0PY FILED IN THE SMITH COUNTY ORIGINAL DISTRICT CLERK'SOFFICE RETURN #

The Sheriff of Smith County, Texas, received this Writ on the day of , 20— at M. and executed the same by delivering the original and one copy of this warrant to the Director of the Institutional Division ofthe Texas Department of Criminal Justice on the day of , 20__, and by taking his receipts for the said warrant, which receipts are hereto attached do here now make my return on this Writ this day of - : -2o_.

LARRY SMITH, Sheriff Smith County, Texas

On this the day of .__, 20^_, the follow papers related to cause number 114-0750-02 styled:

THE STATE OFTEXAS, vs. GREGORY LYNN RUSSEAU were received from the Sheriffof Smith County, Texas,

1. Original and one copy of DEATH WARRANT to be delivered to the Warden of the Director of the Institutional Division of the Institutional Division of the Texas Department of Criminal Justice.

2. One Original Execution Order.

The Texas Department ofCriminal Justice acknowledges receipt ofthe Execution Qid&L and Death Warrant in the Cause No. 114-0750-02 on this the i^_^^_ day of 20 .

TEXAS DEPARTMENT OF CRIMINALJUSTICE Classification and Records

BY:

CERTIFIED TO BE ATRUE AND CORRECT COPY FILED IN THE SMITH COUNTY DISTRICT CLERK'S OFFICE