Justin Murphy v. State ( 2015 )

ACCEPTED
03-15-00105-CR
5921596
THIRD COURT OF APPEALS
AUSTIN, TEXAS
7/2/2015 2:14:44 PM
JEFFREY D. KYLE
CLERK
03-15-001 05-CR
FILED IN
STATE OF TEXAS § IN THE TIDRD COURT
3rd COURT OF APPEALS
§ AUSTIN, TEXAS
vs. § OF APPEALS 7/2/2015 2:14:44 PM
§ JEFFREY D. KYLE
Clerk
JUSTIN MURPHY § TRAVIS COUNTY, TEXAS
MOTION FOR REHEARING OF STATE'S MOTION TO DISMISS FOR LACK OF
JURISDICTION
TO THE HONORABLE COURT:
Now comes Justin Murphy, by and through Adam Reposa and files this Motion for
Rehearing, and shows the following:
1. Appellant had a Second Writ of Habeas Corpus granted by Jon Wisser on Jan 26,
2015 restoring appeal rights in the above styled case. See attached Exhibit A
2. Counsel for Appellant timely filed his notice of appeal on February 10, 2015 per
order.
This motion is not made for purposes of delay but that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court rehear
the Motion to Dismiss and enter a new order denying the Motion to Dismiss.
Respectfully submitted,
z;z I (I--
--- By. ~ =-
Adam T. Reposa
( ---=
State Bar No. 24040163
Attorney for Defendant
CERTIFICATE OF SERVICE AND CONFERENCE
This is to certify that on July 2, 2015, a true and correct copy of the above and foregoing
document was served on the Travis County Attorney's Office, by hand delivery.
THE STATE OF TEXAS §
COUNTY OF TRAVIS §
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared, Adam
Thomas King Blackwell Reposa, attorney for Justin Murphy, who being by me duly sworn, upon
oath deposes and says,
"I am Adam Thomas King Blackwell Reposa, the Attorney for Justin Murphy; I have
prepared and read the above and it is true and correct."
Ad~tiiiiiiia
:;;~
Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on JULY d- , 2015, to certify
which witness my hand and seal of office.
Notary Pub!~
,•''~:n``-,,, LA SHANDA L ALEXANDER
f$.:-::A::.~-1 Notary Puollc. State or Texas
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..,,,. ,,,.. January 16, 2018
CAUSE NO. C-1-CR 07-200104
STATE OF TEXAS § COUNTY COURT AT LAW
§
v. § NUMBER3
§
JUSTIN MURPHY § TRAVIS COUNTY, TEXAS
ORDER ON SECOND PETITION FOR WRIT OF HABEAS CORPUS
On this the 26th day of January 2015 the Court considered the Petitioner's Second
Petition for a Writ of Habeas Corpus. Both parties having waived argument the Court
considered the petition and took judicial notice of the court's file and docket sheet.
The Court finds that the Petitioner, through no fault of his or his attorney, was denied the
opportunity to appeal the Court's order on his first petition for writ of habeas Corpus.
THEREFORE IT IS ORDERED, that the Petitioner be and is hereby granted leave to
appeal the Order of this Court signed on August 28,2014. The time to appeal shall
commence as of this date.
SIGNED on 26th day of January, 2015.
GE PRESIDING BY ASSIGNMENT
3