Thompson, Timothy Randal

Opinion

WR-63,871-03

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 8/28/2015 1:27:53 PM Accepted 8/28/2015 3:52:31 PM ABEL ACOSTA

IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS

AUSTIN, TEXAS RECEIVED COURT OF CRIMINAL APPEALS 8/28/2015

ABEL ACOSTA, CLERK

EX PARTE § §

§ NO. WR-63,871-03

§

TIMOTHY RANDAL THOMPSON §

MOTION TO REMAND TO TRIAL COURT TO THE HONORABLE COURT OF CRIMINAL APPEALS:

NOW COMES TIMOTHY RANDAL THOMPSON, Applicant, and files this Motion to Remand to Trial Court and would show this Court the following:

I.

This application for a writ of habeas corpus was recently forwarded to this Court.

The claims raised in the application concern the ineffective assistance of Applicant’s trial and appellate attorneys. One of the claims concerns the failure of Applicant’s trial attorneys to adequately investigate the alleged crime and develop evidence that Thompson fired a number of warning shots, which would have corroborated Thompson’s testimony and contradicted the testimony of the state’s crime scene investigator.

Motion to Remand to Trial Court - Page 1

II.

The claim concerning the failure to adequately investigate the crime scene and develop evidence that Thompson fired a number of warning shots inferentially contains a claim that the state’s crime scene investigator committed perjury at Applicant’s trial. The perjury of the crime scene investigator amounts to a violation of Applicant’s due process rights as explained in Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009).

III.

Applicant did not raise a separate Chabot claim in his application for a writ of habeas corpus. The trial court’s findings do not address the inferential Chabot claim contained within the ineffective assistance claim concerning the failure to investigate and develop evidence that Applicant fired warning shots. Applicant therefore requests that this writ application be remanded to the trial court so that Applicant can file a supplemental writ application explicitly raising a claim under Ex parte Chabot, 300 S.W.3d 768 (Tex. Crim. App. 2009).

FOR THE ABOVE REASONS, Applicant respectfully asks that this case be remanded to the trial court.

Applicant’s Objections to Trial Court’s Order Adopting State’s Amended Proposed Memorandum, Findings of Fact and Conclusions of Law - Page 2

Respectfully submitted,

/s/ Robert N Udashen

ROBERT N. UDASHEN, P.C.

Bar Card Number 20369600

BRUCE ANTON

Bar Card Number 01274700

SORRELS, UDASHEN & ANTON

2311 Cedar Springs Road, Suite 250 Dallas, Texas 75201

(214) 468-8100

(214) 468-8104 fax

Attorneys for Applicant

CERTIFICATE OF SERVICE

A copy of the attached Motion to Remand to Trial Court was electronically delivered to the Tarrant County Criminal District Attorney’s Office, Appellate Division, 401 West Belknap, Fort Worth, Texas 76196, on August 27, 2015.

/s/ Robert N Udashen

ROBERT N. UDASHEN, P.C.

Motion to Remand to Trial Court - Page 3