Thomas, Kenneth Dewayne ( 2015 )

AP-77,047 COURT OF CRIMINAL APPEALS FILED IN AUSTIN, TEXAS COURT OF CRIMINALAPPEALS Transmitted 5/14/2015 7:43:45 PM Accepted 5/15/2015 7:52:50 AM May 15,2015 ABEL ACOSTA NO. AP-77,047 CLERK ABELACOSTA. CLERK IN THE COURT OF CRIMINAL APPEALS y OF TEXAS j ¥ '•S s „^ KENNETH THOMAS ^ / \> Appellant X VS. THE STATE OF TEXAS Appellee APPEALING THE TRIAL COURT'S CAPITAL JUDGMENT ASSESSING THE DEATH SENTENCE BASED ON JURY VERDICT OF GUILTY AND ANSWERS TO SPECIAL ISSUES IN CAUSE NUMBER F86-85539-M FROM THE 194^® JUDICIAL DISTRICT COURT OF DALLAS COUNTY, TEXAS THE HONORABLE ERNEST B. WHITE, HI, JUDGE PRESIDING MOTION TO SUPPLEMENT THE REPORTER'S RECORD COMES NOW KENNETH THOMAS, by and through his appointed attorney on appeal, John Tatum, and respectfully submits this Motion to Supplement the Reporter's Record in the above entitled and numbered cause. In support of this Motion, Appellant would show this Honorable Court the following: I. The Defendant, Kenneth Thomas, pleaded not guilty to the charge of Capital Murder before the Honorable Emest B. White, Judge Presiding of the 194" Judicial District Court of Dallas County and a jury. The jury found the Defendant guilty and punishment was assessed at death by lethal injection. II. The Reporter's Record has been filed in this cause. III. Appellant has raised issues of prejudice in the admission into evidence of autopsy photographs introduced at trial. State's Exhibits Nos. 58-83. The original color photographs were placed into evidence before the jury and are necessary to aid this Court in resolving the issues raised on appeal to the Court of Criminal Appeals. WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Court will grant his Motion to Supplement the Reporter's Record in this Cause. Respectfully submitted, /s/ John Tatum JOHN TATUM 990 SOUTH SHERMAN STREET RICHARDSON, TEXAS 75081 (972) 705-9200 BAR NO. 19672500 CERTIFICATE OF SERVICE I, JOHN TATUM, do hereby certify that a true and correct copy of the foregoing Motion to Supplement the Record was delivered to Susan Hawk, Criminal District Attomey, Appellate Section, 11th floor, Frank Crowley Criminal Courts Building, Dallas, Texas 75207, on this day of May, 2015. Is/ John Tatum John Tatum CERTIFICATE OF COMPLIANCE I certify that this submitted e-mail attachment to file Motion to Supplement complies with the following requirements of the Court: 1. The petition is submitted by e-mail attachment; 2. The e-mail attachment is labeled with the following information: A. Case Name: Kenneth Thomas B. The Appellate Case Number: 77,047 C. The Type of Document: Motion to Supplement Record D. Party for whom the document is being submitted: Appellant E. The Word Processing Software and Version Used to Prepare the Motion : Word Perfect X7 3. Copies have been sent to all parties associated with this case. /s/JohnTatum 5/14/15 (Signature of filing party and date) John Tatum (Printed name) John Tatum, Attorney at Law Emailed Copy of Motion