Smiley, Rodney Elnesto ( 2015 )

WR-31,454-03 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/1/2015 9:52:04 AM May 1, 2015 Accepted 5/1/2015 9:59:37 AM Nos. WR-31,454-03 & WR-31,545-04 ABEL ACOSTA CLERK ______________________________ IN THE COURT OF CRIMINAL APPEALS OF TEXAS ______________________________ EX PARTE RODNEY ELNESTO SMILEY, Applicant. ______________________________ On Application for a Writs of Habeas Corpus Cause No. C-213-010293-1011284-B In the 213th District Court from Tarrant County Cause No. W94-02594-U(A) In the 291st District Court from Tarrant County ______________________________ NOTICE OF APPEARANCE OF COUNSEL FOR THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE ______________________________ KEN PAXTON *JOSEPH P. CORCORAN Attorney General of Texas Assistant Attorney General Supervising Attorney CHARLES E. ROY for Non-Capital Appeals First Assistant Attorney General Criminal Appeals Division State Bar No. 00793549 EDWARD L. MARSHALL Joseph.Corcoran@TexasAttorneyGeneral.gov Chief, Criminal Appeals Division P. O. Box 12548, Capitol Station Austin, Texas 78711 *Lead Appellate Counsel Telephone: (512) 936-1400 Facsimile: (512) 936-1280 _____________________________ ATTORNEYS FOR THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE TO THE HONORABLE JUSTICES OF THE COURT OF CRIMINAL APPEALS: COMES NOW, the undersigned, Joseph P. Corcoran, Assistant Attorney General for the State of Texas, and would show the Court as follows: On April 29, 2015, the Court issued an order in this proceeding in which it invited the Office of General Counsel of the Texas Department of Criminal Justice (TDCJ) to submit a brief to assist the Court in resolving two appellate issues. See Order, Ex parte Smiley, Nos. WR-31,454-03 & WR-31,545-04 (Tex. Crim. App. Apr. 29, 2015). Pursuant to Rule 6.2 of the Texas Rules of Appellate Procedure, the undersigned enters this Notice of Appearance of Counsel for TDCJ, for purposes of this proceeding. The required contact information is listed below and is where all correspondence should be sent. Respectfully submitted, KEN PAXTON Attorney General of Texas CHARLES E. ROY First Assistant Attorney General ADRIENNE McFARLAND Deputy Attorney General for Criminal Justice 2 EDWARD L. MARSHALL Chief, Criminal Appeals Division /s/ Joseph P. Corcoran JOSEPH P. CORCORAN* *Lead Counsel Assistant Attorney General Supervising Attorney for Non-Capital Appeals Criminal Appeals Division State Bar No. 00793549 Joseph.Corcoran@TexasAttorneyGeneral.gov P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 936-1400 Facsimile: (512) 936-1280 ATTORNEYS FOR THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE 3 CERTIFICATE OF SERVICE Pursuant to Rule 9.5(b)(1) of the Texas Rules of Appellate Procedure, I do hereby certify that if the email address of the attorneys designated below is on file with the electronic filing manager, a true and correct copy of the foregoing notice was served electronically by that electronic filing manager, on the following attorneys via electronic mail: Kenneth Nash State Counsel for Offenders Attorney for Applicant Andrea Jacobs Assistant Criminal District Attorney Tarrant County, Texas Moreover, I do hereby certify that if the email addresses for the designated attorneys are not on file with the electronic filing manager, a true and correct copy of the foregoing pleading was served by email, addressed to: Kenneth Nash Attorney for Applicant Ken.Nash@tdcj.texas.gov Andrea Jacobs atjacobs@tarrantcounty.com /s/ Joseph P. Corcoran JOSEPH P. CORCORAN Assistant Attorney General 4