Taylor, Keith ( 2015 )

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Volume I of I
SUPPLEMENTAL TRANSCRIPT
Trial Court No. D-1-DC-12-904028-B
In the 390TH Judicial District Court of Travis County, Texas,
Honorable JULIE KOCUREK,
Judge Presiding.
Ex Parte: KEITH TAYLOR, Applicant
APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS transmitted to the
Court of Criminal Appeals for the State of Texas, at Austin, Texas.
RECEIVED M
COURT OF CRIMINAL APPEALS
Attorney for Applicant
prose JUN 252015
Attorney for State:
MR. ROSEMARY LEHMBERG, District Attorney
Travis County, Texas
P.O. Box 1748
Austin, Texas 78767
ppeals for the State of Texas, at Austin, Texas, on the
^tk\wmoWf? VELVA L. PRICE
District Clerk, Travis County, Texas
eputy
Court of Criminal Appeals No.
FILED in the Court of Criminal Appeals for the State of Texas, at Austin, Texas, this
day of , .
ABEL ACOSTA, Clerk
By: , Deputy
Index
CAPTION 1
TRIAL COURT'S REQUEST FOR EXTENSION OF TIME TO PREPARE
FINDING OF FACTS AND CONCLUSIONS OF LAW AND TO FORWARD SAID
FINDINGS AND CONCLUSIONS ALONG WITH SUPPLEMENTAL RECORD 2
CLERK'S RECORD CERTIFICATE 6
CAPTION
THE STATE OF TEXAS
COUNTY OF TRAVIS
In the 390TH JUDICIAL DISTRICT COURT of Travis County, Texas, the
Honorable JULIE KOCUREK, Judge Presiding, the following proceedings were held
and the following instruments and other papers were filed in this cause, to-wit:
Trial Court Cause Number: D-1-DC-12-904028-B
THE STATE OF TEXAS IN THE 390TH JUDICIAL DISTRICT
COURT
VS. OF
KEITH TAYLOR TRAVIS COUNTY, TEXAS
APPLICATION FOR POST CONVICTIN WRIT OF HABEAS CORPUS
0000 1
NO. WR-79,497-05 & 79,497-06
IN THE
COURT OF CRIMINAL APPEALS
FOR THE STATE OF TEXAS
EX PARTE § IN THE DISTRICT COURT
§ OF TRAVIS COUNTY, TEXAS
KEITH TAYLOR § 390™ DISTRICT COURT
D1DC 11-300144 &D IDC 12-904028-B
TRIAL COURT'S REQUEST FOR EXTENSION OF TIME TO PREPARE
FINDING OF FACTS AND CONCLUSIONS OF LAW AND TO FORWARD SATO
FINDINGS AND CONCLUSIONS ALONG WITH SUPPLEMENTAL RECORD
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
The 390th Judicial District Court ofTravis County respectfully moves for an extension
of time to complywith this Court's order to preparefindings of fact and conclusions of law
regarding the claimsraised in Applicant's writ application and, in accordance with Tex. R.
App. Proc. 10.5(b), the trial court submits the following:
(a) Applicant pled to the offense ofaggravated robbery and solicitation to commit
capital murder on April 27,2012.
(b) On December 4,2014, the Applicant filed an Application for a Writ ofHabeas
Corpus. He subsequently amended his Application on March 30,2015.
(c) This Court issued an order on March 25,2015 remanding the instant matterto
Filed In j
1
on
of Trav
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V«lva LTrlce, District Clfrtr
TTC0002
the trial court in order to allow the trial court to prepare findings of fact and
conclusions oflaw regarding the claims raised in Applicant's writ application.
(d) The order issued by this Court directed the trial court to resolve the fact issues
related to the Applicant's claim by June 23,2015. This Court further ordered
the trial court to forward, to this Court,a supplemental transcript containing all
affidavits and interrogatories or the transcription ofthe court reporter's notes
from any hearing or disposition, along with the trial court's supplemental
findings of fact and conclusions of law by July 23,2013.
(e) This request is for an extension of 60 days to prepare findings of fact and
conclusions of law regarding the claims raised in Applicant's writ application
and to forward, to this Court, a supplemental transcript containing all affidavits
and interrogatories or the transcription of the court reporter's notes from any
hearing or disposition, along with the trial court's supplemental finds of fact
and conclusions of law.
(f) The number ofprevious extensions of time granted to prepare findings of fact
and conclusions of law regarding the claims raised in Applicant's writ
application is: none.
(g) The trial court relies upon the following facts to reasonably explain the need
for an extension of time:
1. The merits of this Application are still under investigation.
2. Given the age ofthis matter, attempts remain ongoing to find and interview
000003
witnesses withinformation relevant totheapplication with particular emphasis
on addressing Applicant's claim of ineffective assistance of counsel for trial
counsel's failure to investigate whether Applicant could have relied on the
promiscuity defense available underTexasPenalCode22.011(d)(1) at thetime
the offense was committed.
3. This request is not made for the purpose of delay, but to ensure that the
Court has a proper response to aid in the just disposition of the above cause.
WHEREFORE, PREMISES CONSIDERED, the trial court respectfully requests an
extension oftime to the Honorable Clifford Brown to the trial court to resolve the fact issues
related to the Applicant's claim until August 22, 2015. The trial court further requests an
extension of time to forward, to thisCourt, a supplemental transcript containing allaffidavits
and interrogatories or the transcription of the court reporter's notes from any hearing or
disposition, alongwith the trialcourt's supplemental findings offact and conclusions of law
until September 21, 2015.
Respectfully submitted,
hxDfo O-^th-
Judge Julie Kocurek,
390* District Court
Travis County, Texas
000004
CERTIFICATE OF SERVICE
This is to certify that a true and correct copyof this motion is being served by U.S.
mail, electronic mail, facsimile or by hand-delivery, to Travis County Assistant District
Attorney Kathryn Scales and to the Applicant at:
Keith Taylor
M.S.U.
Rusk State Hospital
P.O.Box318
Rusk, TX 75785
M luM, LkJJT*
jdge Julie Kocurek,
1190th District Court
Travis County, Texas
000005
CLERK'S RECORD CERTIFICATE
THE STATE OF TEXAS
COUNTY OF TRAVIS
I, VELVA L. PRICE, Clerk of the District Courts of Travis County,Texas, do
hereby certify that the documents contained in this record to which this certifications
is attached are all of the documents specified by Texas Rule of Appellate Procedure
34.5 (a) and all other documents timely requested by a party to this proceeding
under Texas Rule of Appellate Procedure 34.5 (b).
GIVEN UNDER MY HAND A urt at Office^npHustin,
Travis County, Texas, this the C
VELVA L. PRICE
District Clerk, Travis County, Texas
000006