Allen, Dennis Lee ( 2015 )


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  • EX PARTE:
    •                        CAUSE NO.:       W99-02631-P {A)
    STANLEY 0. MOZEE                              IN THE 203rd JUDICIAL DISTRICT
    COURT OF DALLAS COUNTY, TEXAS
    . *****     S U P P LE M E N T A L          *****
    POST CONVICTION WRIT OF HABEAS CORPUS
    {ART. 11.07, V. A. C. C. P.)
    ATTORNEY FOR APPLICANT:                       ATTORNEY FOR STATE:
    .Ezekiel Tyson, Jr.                           HOUN.   SUSAN HAWK
    The Tyson Law Firm
    342 W. Montana Avenue                         FRANK CROWLEY COURTHOUSE
    Dallas, TX 75224
    DALLAS, TX 75207-4313
    RECEIVED IN
    COURT OF CRIMINAL APPEAlS
    FELICIA PITRE                                 AUG 19 2015
    DISTRICT CLERK
    Abel Acosta, Clerk
    FRANK CROWLEY COURTHOUSE
    133 N RIVERFRONT BLVD., LB 12
    DALLAS, TEXAS 75207-4313
    1
    EX PARTE:                                    CAUSE NO:     W99-02631-P (A)
    2
    IN THE 203rd JUDICIAL DISTRICT
    3
    STANLEY 0. MOZEE                             COURT OF DALLAS COUNTY, TEXAS
    4
    5                                   SUPPLEMENTAL
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    7
    Order (12 Feb 15)                                                       Vol. 1-01
    8   - Bond Pending
    9   Order of Recusal (24 Feb 15)                                            Vol. 1-02
    -Judge Jennifer Bennett
    10
    Order Transferring    (02 Mar 15)                                       Vol. 1-03.
    11   -Transferred to the 195th
    12   Writ Docket                                                             Vol. 1-04
    13   Order of Transfer     (04 Mar 15)                                       Vol. 1-05
    - 203rd
    14
    Order of Receiving     (13 Mar 15)                                      Vol. 1-06
    15   -203rd
    16   PostCard    (18Mar15)                                                   Vol. 1-07
    Request for Extension of Time Granted
    17
    Letter from Judge Hawthorne requesting and extension of                 Vol. 1-08
    18   Time (14 Aug 15)
    19   Clerk's Certificate                                                     Vol. 1-10
    20
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    Cause Number:
    THE STATE OF TEXAS                                                                  § IN THE CRIMINAL
    vs.                                                                                 § 265TH JUDICIAL DISTRICT COURT
    ;5Tc....-/l /e /                       J1o            ZcC'                      § DALLAS COUNTY, TEXAS
    ORDER
    ThilieecC:OoUiuni'lflillinJrtds!fttehiiiatrmffiee1ibiOonrudfiTmi1thneeaabbloJiviee'Ssit1tyltleetd~mmtttdhtntwmtll!tb:n:e:ntc~dhc::llasiS1ee-slsiitiOrnudtldrbh1e::-:.-1hh1eelldd---.
    imoihcient lor the followmg reason(s):                                                                   ·                                                             ,
    iUld hood tube set atl inca eased tot decreased                                             to.                                                        and it.is
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    The Court further Orders that, as a condition of remaining on bond pending the
    disposition of the case, the following restrictions shall apply. The defendant shall:
    Vremain in                          D4.j/c.... 2                               . County, Texas at all times; "i .5 v r!a/li/"!/
    ~ot   directly nor indirectly communicate with the alleged victim or \ms:n:I!.ber J&,
    the victim's family, shall not go near the residence, school, place of e plpyn;nt                                                                                        :1J
    or other places frequented by the victim or family;                                                                                         . :    's N
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    _ _ have no contact with any minor child;                                                                                                            \ r\r
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    _ _ abide by the following home curfew:                                                                                                                 c:: .,.
    _ _ be restricted to home confmement;
    _ _ be place on the Electronic Monitoring program to be paid for by the defendant/
    Court;
    _ _ be placed on SCRAM to be paid for by the defendant/ Courtb ;/t•/                                                                                                             pft.id'e ir<'r.t;.-.
    1
    /                                                                               Pr.•.vcrfe .f.JbJr....,ce           f'a              I                                                         1f
    V              mit to drug testing, to-wit: v/Q.... 6;                                              ,'       )    Tr          ofe.c~...... r /e&..v~5T:                                 ; ' •.,_
    .                                                  f'-\vS/           Ua._       j-c.7f         ev6-F/ CoV'rt .?er-r/-1./"' 1...-/1'£?
    t consume alcohol;                                    Vc.-ll«-.>         Cov"'lff              f'/
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    MOZEE, STANLEY         ORS``·· ti~r.1\Ct:)~K.:w~:.~"ll:``(A'f;. ·. ' · · ````~:7:1.
    On this day, this Court_has grant~d,~lh~tffa(,,oou.~Js request for an extension of time
    to file the supplemental record. ·,;''rb~'':'?sw-P.'Pi~·Q:l-~htal record is due in this Court on
    Monday, August 31, 2015.               ··"·,~:__;_;:::'·;):>;··'-         ·
    Abel Acosta, Clerk
    e                                 PRESIDING JUDGE 265TH DISTRICT COURT
    133 N. RIVERFRONT BOULEVARD, LOCK BOX 30
    DALLAS, TX 75207
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    Yolanda Baker                                                                                                                  Lisabeth Kellett
    Court Coordinator                                                                                                               Court Reporter
    214-653-5822                                                                                                                     214-653-5823
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    August 12, 2015                                                                            (./')   ~·:":1
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    Texas Court of Criminal Appeals                                                       -<                     ;;,..J
    P. 0. Box 12308     ·.
    Austin, Texas 78711
    RE:     Ex Parte Dennis Lee Allen
    No. WR-56,666-03; W00-01305-(B)
    Ex Parte Stanley Orson Mozee
    No. WR-82,467-01; W99-02631-(A)
    Dear Honorable Judges of the Court of Criminal Appeals:.
    The Court of Criminal Appeals previously granted an extension of time to file the
    supplemental record on these cases to August 31, 2015. We have determined additional time·is
    needed to complete the hearing and have the supplemental record by that date. Therefore, I
    request an extension to October 31, 2015, to provide the Court of Criminal Appeals with this
    supplemental record.
    The supplemental information requested in this case will require a full evidentiary hearing
    before the Court. The parties have informed the Court they need this additional time to prepare
    for and conduct this hearing. The reasons the parties need this additional time are:
    1.     The State is represented in this case by the Dallas County District Attorney's Office's
    Conviction Integrity Unit: The attorneys in this unit who are responsible for representing
    the State are Patricia Cummings and Cynthia Garza. Mi Cummings is new to the District
    Attorney's Office, having started her job as Chief of the Conviction Integrity Unit on July
    6, 2015. Additionally, Cynthia Garza was out on matei11ity leave, and found it necessary
    to extend her leave to past the original date she expected to return. Ms. Garza has just
    recently returned to work fulltime on July 20, 2015.
    Frank Crowley Courts Building, 7th Floor                                                                                        8
    133 N. Riverfront Blvd., LB-28                                                                                          Phone: 214-653-5820
    n::.ll::.o: TP.n"   7'\?07.4~QQ
    Letter to the Court of Criminal Appeals
    August 12, 2015
    Page 2
    2.      Gary A. Udashen is representing Mr. Allen on behalf of the Innocence Project of Texas.
    Mr. Udashen has informed the court that he also needs additional time to prepare for this
    hearing. In addition to various trial and appellate matters, in the months of July and
    August, Mr. Udashen has been course director for the State Bar Advanced Criminal Law
    Course, as well as course director for the Texas Criminal Defense Lawyers
    Association/Innocence Project ofTexas Innocence Seminar.
    3.      Lead counsel for Mr. Mozee is Nina Morrison pfthe National Innocence Project based in.
    New York. . Ms. Morrison handles cases around the country and needs additional time,
    once a hearing date is set, to make arrangements to be in Dallas for this hearing.
    4.      Once the parties have completed their preparation for this hearing, the court will need to
    clear some time on its trial docket to conduct this hearing.
    In light of the aforementioned, this   ~ourt   requests an extension of time until October 31,
    2015, to resolve the issues.
    Yours very truly,.
    Honorable Teresa Hawthorne
    Presiding Judge, 203rd Judidal District Court
    JOINED BY THE PARTIES:
    Patricia Cummings
    ~
    ``
    Sorrels, Udashen & Anton
    Assistant District Attorneys                  .. Attorney for Dennis Lee Allen
    Attorneys for the State
    Ezekiel Tyson, Jr.
    The Tyson Law Firm
    Nina Morrison
    Innocence Project, Inc.
    Attorneys for Stanley Orson Mozee
    9
    The State of Texas      §
    §
    County of Dallas        §
    I, Felicia Pitre, Clerk of the District Courts of Dallas County, Texas, do
    hereby certify that the documents contained in this record to which
    this certification is attached are all of the documents specified by
    Texas Rule of Appellate Procedure 34.5(a) or Code of Criminal
    Procedure Section 11.07(3) (a) including all other documents timely
    requested by a party to this proceeding under Texas Rule of
    Appellate Procedure 34.5(b), and that have been filed with the trial
    court clerk, and unless otherwise indicated in this record.
    GIVEN UNDER MY HAND AND SEAL at my office in Dallas County,
    Texas, on this August 14. 2015.
    Clerk Signature:   A vu;;v lvf C:O~
    Name               ANA McDANIEL
    Deputy District Clerk
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Document Info

Docket Number: WR-56,666-03

Filed Date: 8/19/2015

Precedential Status: Precedential

Modified Date: 4/17/2021