Reposa, Adam

WR-86,973-03
COURT OF CRIMINAL APPEALS
AUSTIN, TEXAS
Transmitted 10/6/2017 4:24 PM
Accepted 10/6/2017 4:31 PM
Court of Criminal Appeals Cause No. _______________________ DEANA WILLIAMSON
CLERK
RECEIVED
IN THE COURT OF CRIMINAL APPEALS
COURT OF CRIMINAL APPEALS 10/6/2017
DEANA WILLIAMSON, CLERK
OF TEXAS
EX PARTE
ADAM REPOSA,
APPLICANT
On a Judgement of Criminal Contempt
in cause number C-1-CR-17-100018
in the County Court at Law No. 5
of Travis County, Texas
APPLICANT'S AMENDED EMERGENCY MOTION FOR STAY AND/OR
MOTION FOR BOND PENDING THE FILING OF WRIT OF HABEAS
CORPUS
Submitted by:
Carissa L. Beene
SBN: 24071967
215 W. University Avenue
Georgetown, TX 78626
512-850-0555
512-354-7416 (fax)
cbeene@defendtx.com
TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:
COMES NOW, Adam Reposa, Applicant, by and through Carissa L. Beene, his attorney
of record, and files this Applicant's Emergency Motion for Stay and/or Motion for Bond Pending
the Filing of Writ of Habeas Corpus, and would respectfully show the Court the following:
I.
Applicant, Adam Reposa, is an attorney licensed to practice law in the State of Texas. On
September 11, 2017, Judge Paul Davis, sitting by assignment in Travis County as a contempt
court, heard evidence on a contempt complaint against Applicant. On September 20, 2017, the
contempt court issues findings of contempt and sentenced Applicant to six months incarceration,
to commence on September 29, 2017. On motion of the Applicant the contempt court hearing
stayed execution of the sentence until it could consider Applicant’s bond request on October 2,
2017. The contempt court has now denied Applicant a personal or surety bond pending post-
conviction proceedings on the order of contempt and the sentence. Attached as Appendix A is a
copy of the amended judgment of contempt.
II.
The State opposes this motion.
III.
Applicant intends to invoke this Court's original writ jurisdiction and file a writ of habeas
corpus challenging the judgment of contempt made in the court below. Applicant believes that
the judgment of contempt is void, Ex parte Amaya, 748 S.W.2d 224, 224 (Tex. 1988), and that
subsequent punishment by Judge Davis is unlawful . However, Applicant is unable to file a writ
of habeas corpus immediately because the record cannot be obtained immediately. Therefore, in
order to maintain the status quo ante and to ensure that Applicant's request for relief is not
rendered moot, Applicant respectfully requests that this Court, as it sees fit, either stay the
execution of the judgment of contempt, set a bond for Mr. Reposa, or both pending the outcome
of the writ proceedings. In the event that this Court sets a bond, Applicant also requests that this
Court grant him release on personal bond, as an officer of the court. In the event that Applicant is
not successful in ultimately obtaining relief, there will be time enough to serve his sentence at a
later date.
WHEREFORE, PREMISES CONSIDERED, Applicant respectfully moves this court to
stay the judgment of contempt in the court below and/or set a bond, and to grant personal bond
pending future habeas proceedings.
Respectfully submitted,
____________________________________
Carissa Beene
Attorney for Applicant
SBN: 24071967
215 W. University Ave.
Georgetown, TX 78626
CERTIFICATE OF SERVICE
This is to certify that a true and correct copy of the foregoing Emergency Motion for Stay and/or
Motion for Bond pending the filing of Writ of Habeas Corpus was served upon the attorney for
the State on October 6, 2017.
____________________________________
Carissa Beene