Thomas Henry Sinclair v. State

Opinion

ACCEPTED

10-11-00424-CR

TENTH COURT OF APPEALS

WACO, TEXAS

1/30/2015 2:06:53 PM

SHARRI ROESSLER

CLERK

NO. 10-11-00424-CR

THOMAS HENRY SINCLAIR § IN THE COURT OF APPEALS v. § FOR THE TENTH DISTRICT THE STATE OF TEXAS § OF TEXAS AT WACO

APPELLANT'S MOTION TO PERMIT CURRENT COUNSEL TO WITHDRAW ON APPEAL AND SUBSTITUTE NEW COUNSEL ON APPEAL

TO THE HONORABLE COURT OF APPEALS:

COMES NOW the Appellant, through his attorney of record on appeal, Lori L. Ordiway, and files this Motion to Permit Current Counsel to Withdraw on Appeal and Substitute New Counsel on Appeal in the above-referenced appeal, and would show the following:

I.

The Court of Criminal Appeals remanded the appeal to this Court, and, in response to the letter issued by the Clerk of this Court on January 9, 2015, the Appellant filed a waiver of filing a new brief on January 23, 2015. No opinion, based on the original briefs, has been delivered by the Court as of the time of the filing of this motion.

II.

The undersigned attorney, Lori L. Ordiway, is closing and leaving her private practice and will be returning to the position of chief of the appellate division of the Dallas County District Attorney's Office on February 2, 2015.

III.

Continued representation in this appeal would constitute a conflict of interest. The substitution of new counsel is necessary to ensure that the Appellant receives effective assistance of counsel on appeal.

IV.

The substitute attorney's name and other information required by Rule 6.5(d) of the Texas Rules of Appellate Procedure are as follows:

Brett E. Ordiway 2311 Cedar Springs Road, Suite 250 Dallas, Texas 75201 Phone: 214-468-8100 Fax: 214-468-8104 E-mail: bordiway@sualaw.com State Bar No. 24079086

A copy of this Motion is being delivered on this date to the Appellant both by certified mail (Certified Mail No. 7014 1820 0001 7535 1186) and by first-class mail to the Appellant at his last known address:

Thomas Henry Sinclair 7255 SWCR 2420 Wortham, Texas 76693

WHEREFORE, PREMISES CONSIDERED, the undersigned attorney for the Appellant respectfully requests that this Court grant this Motion to Permit Current Counsel to Withdraw on Appeal and Substitute New Counsel on Appeal.

Respectfully submitted,

/s/ Lori L. Ordiway

LORI L. ORDIWAY

State Bar No. 12327300

P.O. Box 793991

Dallas, Texas 75379

Telephone: (972) 701-0155 Facsimile: (972)701-0151

E-mail: lori.ordiway@att.net

ATTORNEY FOR THE APPELLANT

CERTIFICATE OF SERVICE

The undersigned attorney hereby certifies that a true and correct copy of this Motion is being served on the 30th day of January, 2015, via the service function in eFile Texas, on the following attorneys: (1) the attorney for the State of Texas, Andrew Wolf, Assistant District Attorney, Navarro County District Attorney's Office, to awolf@navarrocounty.org; and (2) Brett E. Ordiway to bordiway@sualaw.com.

/s/ Lori L. Ordiway

LORI L. ORDIWAY

11-41