Allen, Dennis Lee ( 2015 )

SUSAN HAWK Criminal District Attorney Dallas County, Texas November 12, 2015 Mr. Michael F. Stauffacher COURT OF CRIMINAL APPEALS Supervising Attorney, Writs Section Texas Court ofCriminal Appeals foUV'16 2015 P.O. Box 12308 Austin, Texas 78711 AbeUcosta,Cferk RE: Ex Parte Stanley Orson Mozee, WR-82, 467-01 & Ex Parte Dennis Lee Allen, WR-56, 666-03 Dear Mr. Stauffacher: On February 4, 2015 this Court remanded the above-referenced cases to the trial court to provide the trial prosecutor with an opportunity to respond to the Brady claims of both Applicants. Article 11.07 writs were previously filed in both cases alleging multiple grounds for relief. Both causes were transmitted to this Court with agreed findings that Applicants were entitled to relief based on Brady violations and the presentment of false evidence. Pursuant to the remand order, the trial court conducted an evidentiary hearing on October 26 and 27, 2015 during which the trial prosecutor testified regarding the Brady claims. On November 10, 2015, the trial court entered and filed its Findings of Fact on Remand specifically finding the trial prosecutor's testimony to be credible. The trial court also entered a finding that both the trial prosecutor's testimony and his trial notes support that "he turned over thejailhouse letters to defense counsel" (the Brady information). Given the trial court's findings on remand and that both the trial court and the State had previously agreed that Applicants are entitled to relief under Brady, the State is respectfully requesting this Court to provide the State with an opportunity to respond and/or object to the trial court's Findings of Fact on Remand. On October 27, 2015 the State requested a transcript of the evidentiary hearing. As of today's date, the court reporter has not completed the transcript. The State expects the transcript will be completed sometime during the week of November 16, 2015. Accordingly, the State anticipates being able to respond by December 15,2015. Frank Crowley Courts Building, 133 North Riverfront Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600 Letter to Mr. Michael F. Stauffacher November 12,2015 . Page 2 of2 Please let me know if you have any questions or if you need additional information. Thank you foTYour anticipated courtesies. PATRICIA CfcMMINGS Assistant District Attorney Conviction Integrity Unit Dallas County, Texas cc: Mr. Abel Acosta, Clerk of the Court Mr. Gary Udashen, Attorney for'Dennis Lee Allen Mr. Ezekiel Tyson, Attorney for Stanley Mozee Frank Crowley Courts Building, 133 North Industrial Boulevard, LB-19 Dallas, Texas 75207-4399 (214) 653-3600