Thompson, Timothy Randal

• Court: Texas Supreme Court
• Decided: February 12, 2015
• Docket: WR-63,871-03
• Status: Published

Opinion

WR-63,871-03 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 2/11/2015 3:07:27 PM Accepted 2/12/2015 8:15:52 AM IN THE COURT OF CRIMINAL APPEALS ABEL ACOSTA CLERK

EX PARTE § RECEIVED § COURT OF CRIMINAL APPEALS 2/12/2015 § NO. C-2-010289-0764908-B ABEL ACOSTA, CLERK § TIMOTHY RANDAL THOMPSON §

MOTION FOR EXTENSION OF TIME FOR SUBMISSION OF WRIT RECORD

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW, the Criminal District Court No. 2 of

Tarrant County Texas and moves this Court to grant a one-

hundred and eighty (180) day extension of time for

resolution of the issues and to submit the writ record in

this case. The following allegations are made in support

of this motion:

I.

The applicant was convicted by a jury of the offense

of murder and sentenced to twenty-five years’ confinement

on April 20, 2001. See Judgment.

II.

On August 19, 2014, the applicant (represented by the

Hon. Robert N. Udashen and the Hon. Bruce Anton) filed an application for writ of habeas corpus alleging that he

was denied effective assistance of counsel. See

Application. The trial court timely designated this

issue for future resolution on September 8, 2014. See

Order Designating Issues. The trial court’s 180-day

deadline for resolving this issue is February 17, 2015.

See Tex. R. App. P. 4 & 73.5.

III.

The trial court conducted live hearings on January

21, 2015, and January 30, 2015. The applicant’s trial

counsels, the Hon. Leslie Johns and the Hon. Leon Haley,

testified regarding their representation.

IV.

In conjunction with this writ application, the

applicant filed a motion for forensic testing of the

firearm used in his case. See Motion for Forensic

Testing. The Code of Criminal Procedure permits a trial

court to order additional forensic testing to resolve

controverted issues. See Tex. Code Crim. Proc. art.

11.07, §3(d). The trial court granted the applicant’s request for forensic testing on January 30, 2015. See

Modified Order.

V.

Additional time beyond the 180-day deadline is needed

so that forensic testing can be completed, any additional

hearing can be conducted, and each side can prepare its

proposed findings of fact and conclusions of law.

Counsels for the applicant (the Hon. Robert N. Udashen

and the Hon. Bruce Anton) and the State (the Hon. Steven

Conder) agree that additional time is needed to resolve

the issues raised in this application

VI.

The trial court requests that this Court grant a one

resolution of the issues and submission of the writ

record in this application. If this extension is

granted, the writ record will be submitted on or before

August 16, 2015. WHEREFORE, PREMISES CONSIDERED, the trial court prays

that this Court grant a one hundred and eighty (180) day

extension for submission of the writ record in this

application to August 16, 2015.

Respectfully submitted,

/s/ CHARLES P. REYNOLDS CHARLES PATRICK REYNOLDS Judicial Staff Counsel and Post-Conviction Magistrate Tarrant County, Texas 401 W. Belknap Fort Worth, Texas 76196 (817) 884-2326 Fax (817) 884-2312 State Bar No. 00789580

CERTIFICATE OF SERVICE

A true copy of the above Motion for Extension of Time

for Submission of Writ Record has been transmitted to the

applicant’s counsel, the Hon. Robert N. Udashen and the

Hon. Bruce Anton, 2311 Cedar Springs Road, Suite 250,

Dallas, Texas 75201, and hand-delivered to the State’s

counsel, the Hon. Steven W. Conder, on this, the ___ day

of February, 2015.

/s/ CHARLES P. REYNOLDS CHARLES PATRICK REYNOLDS