Thomas, Kenneth Dewayne

Opinion

AP-77,047

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 5/14/2015 7:45:51 PM Accepted 5/15/2015 7:53:17 AM May 15, 2015 NO. AP-77,047 ABEL ACOSTA CLERK

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

_______________________________________________________

KENNETH THOMAS

Appellant

VS.

THE STATE OF TEXAS

Appellee

_______________________________________________________

APPEALING THE TRIAL COURT’S CAPITAL JUDGMENT ASSESSING THE DEATH SENTENCE BASED ON JURY VERDICT OF GUILTY AND ANSWERS TO SPECIAL ISSUES IN CAUSE NUMBER F86-85539-M FROM THE 194TH JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS THE HONORABLE ERNEST B. WHITE, III, JUDGE PRESIDING

_______________________________________________________

MOTION TO SUPPLEMENT THE REPORTER’S RECORD

_______________________________________________________

COMES NOW KENNETH THOMAS, by and through his

appointed attorney on appeal, John Tatum, and respectfully submits this Motion to

Supplement the Reporter’s Record in the above entitled and numbered cause. In

support of this Motion, Appellant would show this Honorable Court the following:

I.

The Defendant, Kenneth Thomas, pleaded not guilty to the charge of

Capital Murder before the Honorable Ernest B. White, Judge Presiding of the

194th Judicial District Court of Dallas County and a jury. The jury found the

Defendant guilty and punishment was assessed at death by lethal injection.

II.

The Reporter’s Record has been filed in this cause.

III.

Appellant has raised “Batson”issues, defense juror challenges denied

by trial court issues and granting State’s challenges over defense objection issues

and the juror questionnaires are necessary to aid this Court in resolving the issues

raised on appeal to the Court of Criminal Appeals. Appellant’s counsel was able

to obtain a CD with the questionnaires from the court reporter in order to complete

argument of these 31 issues. Appellant, therefore, moves this Honorable Court to

enter an order supplementing the appellate record with the CD’s containing the

requisite questionnaires. This would make available to this Court its necessary

information made reference to in Appellant’s brief.

WHEREFORE, PREMISES CONSIDERED, Appellant prays that

this Court will grant his Motion to Supplement the Reporter’s Record in this

Cause with the juror questionnaires.

Respectfully submitted,

/s/ John Tatum John Tatum 990 South Sherman Street Richardson, Texas 75081 (972)705-9200 Fax (972)690-9901 State Bar No. 19672500

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing motion has been mailed to:

The Hon. Susan Hawk c/o Asst. Dist. Att. Christine Womble Criminal District Attorney Attn: Appellate Section Frank Crowley Courts Building 133 N. Riverfront Blvd. - LB19 Dallas, Texas, 75207-4313

on this 14th day of May, 2015.

/s/ John Tatum John Tatum

CERTIFICATE OF COMPLIANCE

I certify that this submitted e-mail attachment to file Motion to Supplement the Record complies with the following requirements of the Court:

1. The petition is submitted by e-mail attachment;

2. The e-mail attachment is labeled with the following information:

A. Case Name: Kenneth Thomas B. The Appellate Case Number: 77,047 C. The Type of Document: Motion to Supplement Record D. Party for whom the document is being submitted: Appellant E. The Word Processing Software and Version Used to Prepare the Motion : Word Perfect X7

3. Copies have been sent to all parties associated with this case.

/s/ John Tatum 5/14/15 (Signature of filing party and date) John Tatum (Printed name) John Tatum, Attorney at Law

Emailed Copy of Motion