Thompson, Timothy Randal

Opinion

WR-63,871-03

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 10/20/2015 3:46:53 PM Accepted 10/20/2015 4:52:07 PM ABEL ACOSTA

CLERK

IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS RECEIVED AUSTIN, TEXAS COURT OF CRIMINAL APPEALS 10/20/2015

ABEL ACOSTA, CLERK

EXPARTE § §

§ NO. WR-63,871-03

§

TIMOTHY RANDAL THOMPSON §

WRIT NO. C-2-010289-0764908-B TRIAL COURT NO. 0764908D

EXPARTE § IN THE CRIMINAL DISTRICT §

§ COURT NUMBER TWO

§

TIMOTHY RANDAL THOMPSON § TARRANT COUNTY, TEXAS

REPLY TO STATE'S RESPONSE TO APPLICANT'S SUPPLEMENTAL HABEAS CORPUS CLAIM

COMES NOW TIMOTHY RANDAL THOMPSON, Applicant, and files this Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim and would show these Courts the following:

Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 1

I.

In his supplemental application for habeas corpus relief, Applicant raised a claim that his due process rights were violated because the state presented false testimony from a police crime scene investigator at Applicant's trial. Forensic scientific testing conducted after Applicant's trial demonstrates the falsity of the testimony beyond any doubt.

II.

The state, in its response, argues that the testimony from the cnme scene investigator was not false because "he merely testified about the search he conducted and what he did or did not find in searching the floors." (Response, pp. 5-6). This is an outrageous mischaracterization and minimization of the testimony. The investigator went to great lengths to describe the thorough search of Applicant's house. The point of the extensive testimony about the search was to prove that there were no bullet holes or bullets in the house and, accordingly, Applicant lied when he said he fired warning shots in an effort to keep the complainant from attacking him. To act as if the experienced crime scene investigator was merely negligent or sloppy in conducting his investigation rather than recognizing he lied about the investigation elevates the desire to uphold a conviction over the prosecutor's duty to seek justice. See, TEX. CODE CRIM. PROC. ANN. Art. 2.01.

Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 2

III.

The false testimony from the cnme scene investigator completely gutted Applicant's defense at trial. The falsity should not be swept under the carpet and hidden just like the bullets and bullet holes that were hidden by the investigator. Applicant is entitled to a new trial because of the egregious violation of his due process rights.

Respectfully submitted,

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 Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim was electronically delivered to the Tarrant County Criminal District Attorney's Office, Appellate Division, 401 West Belknap, Fort Worth, Texas 76196, on October, 20, 2015.

ROBERT N. UDASHEN, P.C.

Reply to State's Response to Applicant's Supplemental Habeas Corpus Claim - Page 3