Thomas, Steven Alan

• Court: Court of Criminal Appeals of Texas
• Decided: August 15, 2016
• Docket: AP-77,052
• Status: Published

Opinion

SHARON KEI_I_ER COURT OF CRIMINAL APPEALS Aee». AcosTA

"“ES'°‘"G ”“°GE PO.BOX 12308,CAP1TOL STATION 5,2_°§§3’§,“55, LAWRENCE E. MEYERS CHERYL JOHNSON AusrlN, TE)

El_SA ALCALA

BERT RICHARDSON

KEV|N P. YEARY

DAVlD NEWELL JUDGES

Augusc 15, 2016

Car10s B. L0pez C0nstable Precinct 5 1003 Guadalupe St. Austin, TX 78701

Re: IN RE ARIEL PAYAN

CCA No. AP-77,052 - Steve Alan Thornas Trial Court Case No. 12-1237-K26

Dear C0nstable L0pez;

Please serve the enclosed Order to Appear and Show Cause on Ariel Payan. The address for Mr. Payan is 1012 Rio Grande, Austin, TX 78701. The telephone number is (512) 478-3900.

After the off`icer’s return has been executed, please return it to this off`ice: Court of Criminal Appeals, P. O. Box 12308, Capit01 Station, Austin, TX 78711, telephone number (512) 463-1551.

Sincerely, §

Encl0sures Certified Mail 7196 9008 8560 0000 0218

cc: Ariel Payan Attorney at Law 1012 Rio Grande Austin, TX 78701 Certif`ied Mail 7196 9008 8560 0000 0225

$uPREM:-: CouRT Bull_l:)1NG,201 Wz~:sT 14TH STREET, Roolvl 106, AusTlN, Tr~:xAs 78701 WEBSITE: WWW.TXCOURTS.GOV/CCA

Lisa David

District C1erk

B0x 24

Georgetown, TX 78627

J ana Duty

District Attorney

405 Martin Luther King, Box 1 Georgetown, TX 78626

Benj amin Wolff

Ofi`lce of Capital and F0rensic Writs 1700 N0rth Congress Ave., Suite 460 Austin, TX 78701

Hon. Donna King

26‘*‘ Disrri@r court

405 Martin Luther King, B0x 2 Georgetown, TX 78626

TO: The Sheriff of any County or any Constable of any County, Texas Ranger, Texas Highway Patrolman, or any Peace Officer within the State of Texas.

GREETINGS:

YOU ARE HEREBY COMMANDED that you serve upon Ariel Payan of Travis County the accompanying ORDER TO APPEAR AND SHOW CAUSE issued from the Court of Criminal Appeals of the State of Texas on August 15, 2016.

HEREIN FAIL NOT, but of this writ and notice made due return, under the penalty prescribed by law, with your endorsement showing how you executed the same.

WITNESS MY HAND and Seal of the Court of Criminal Appeals of the State of

Texas affixed at the City of Austin, Texas, on this the 1 th day of August, 2016.

\

ABEL AcosTA, CLERK . ~ ' ' ' coURT oF CRIMINAL APPEAL-s _ sTATE oF TEXAS . ' » P. o. Box 12308, CAPIToL;S_TAT_I\oi\_I_ AUSTIN,TX 73711 ' *

lN THE COURT OF CRIM|NAL APPEALS OF TEXAS

NO. AP-77,052 IN RE ARIEL PAYAN

ORDER TO APPEAR AND SHOW CAUSE FOR FAILURE TO FILE APPELLANT’S BRIEF ON DIRECT APPEAL FROM CAUSE NO. 12-1237-K26 IN THE '26"' JUDICIAL DISTRICT COURT WILLIAMSON COUNTY

Per curiam. ALCALA, J., dissents. 0 R D E R

In January 2014, appellant Steve Alan Thornas was convicted of capital murder and sentenced to death. Appellant’s brief was due in this Court on June l5, 2016. On June 28, 2016, appellant filed in this Court a "Joint Motion to Correct Appellate Record and Abate Appeal." On July 13, 2016, we ordered the trial court to resolve the issue of

inaccuracies in the reporter’s record within fifteen days. We declined to abate the appeal.

Thereafter, we received an amended version of Volume 29 of the reporter’s record

Payan/Thomas - 2

from the court reporter. On July 27, 2016, the trial court signed an order finding that the amended Volume 29 "properly corrects any and all inaccuracies in that volume." Appellant’s brief is overdue. Before we take any action in this matter, we want to

hear from counsel in person. Thercfore, we order counsel to appear before this Court at

9:00 a.m. on September 21, 20l6, to offer further explanation and address any questions

propounded by the Court about the matter.

lt is further ordered by this Court that the Clerk of this Court shall issue Notice to Appear and Show Cause commanding Ariel Payan to appear and show cause, in the manner and within the time specified in this order, why counsel should not be held in contempt and sanctioned by this Court for failing to timely file appellant’s brief. A copy of this Order shall accompany the Notice. Should counsel file appellant’s brief within seven days of the date of this order, then this Court may reconsider this order.

IT IS SO ORDERED THIS THE l5th DAY OF AUGUST, 2016.

Do Not Publish

OFFICER’S RETURN Steve Alan Thomas - N0. AP-77,052

Came to hand on this the day of , 20_, at o’clock, _.M., and executed at TRAVIS County, Texas, on the day of , 2()_, by delivering to Ariel Payan, the original ORDER TO APPEAR AND SHOW CAUSE

which accompanied this Writ.

To certify which witness my hand off`icially.

(Signature)

(Print or type narne)

(Tiri@)

of TRAVIS County, Texas

THE STATE OF TEXAS

NOTICE TO APPEAR AND SHOW CAUSE TO: Ariel Payan GREETINGS:

WHEREAS, the Court of Criminal Appeals on August l5, 2016, made and entered the-order to appear and show cause. A correct and complete copy of the Order is attached to this Notice and fully incorporated for all purposes.

NOW, THEREFORE, Ariel Payan is hereby commanded to appear and show cause, in the manner and within the period specified in the Order of August l5, 2016, why counsel should not be held in contempt and sanctioned by the Court of Criminal Appeals for failing to timely file appellant’s brief.

WITNESS MY HAND and Seal of the Court of Criminal Appeals, at the City of

, v _, 1 4 ` 7 1 _ _ _ ‘ . - l _ l

,"

Austin, Texas, on this 15th day of AuguSlKOM.

ABEL AcosTA, CLERK A. .y _ coURT oF ciuMiNAL APPEAJ,WS " STATE oF TEXAS ~ .