FILED IN COURT OF CRIMINALAPPEALS May 15, 2015 ABELACOSTA, CLERK
KENNETH THOMAS NO. AP-77,047 AP-77,047 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/14/2015 7:41:14 PM Accepted 5/15/2015 7:52:05 AM ABEL ACOSTA CLERK

VS. THE STATE OF TEXAS 0
. OF TEXAS MOTION FOR EXTENSION OF TIME TO FILE BRIEF TO THE HONORABLE JUDGE OF SAID COURT: v A IN THE COURT OF CRIMINAL APPEALS


## {r; NOWCOMES Appellantinthe above-styled and numbered cause, and, pursuantto Rule 38.6 and Rule 10.5(b)Texas Rules ofAppellate Procedure, submits this Motion requesting that the Appellant be granted additional time in which to file the brief in the above-styled and numbered cause, and in support ofsame would show the Court the following:
I. 

### (a) Trial CourtDesignation: 194^*^ Judicial DistrictCourt Cause Number: F86-85539-M 

### (b) Offeiise: Capital Murder Punishment: Death © Date of extension sought for June 19th, 2015 brief; (f) Number of prior extensions: 2 (g) Facts relied upon to support extension: 

### Appellant's counsel requests the additional time to completethis death 

### penalty appellate brief. The brief is currently 85% completed. The testimony has been summarized for the initial draft of the brief. There is still required 

### legal research needed to determine the issues that are viable for

### presentation. Inparticuiarthiscasepresentsunusuai issuesconcerning ajury trial on competency that was conducted during the retrial ofthe punishment issues involved in this case and the case ofHall v. Florida was handed down 

### bythe Supreme Court of the United States concerning intellectual disability
as applied in death penalty cases. This Supreme Court case affected the 

### individual voir dire procedure and charge to the jury as a special issue of intellectual disability thatwas submitted to thejury. 

### Appellant'scounselis doingextensiveresearchtopresenttheseissues concerning intellectual disability with the most up to date legal discussion 

### possible in the brief for Appellant. Counsel has sought out additional legal research help on the intellectual disability issue and is expecting to receive that research in two weeks., 

### Since the last request for extension, new writ counsel, Appellant counsel and State's counsel have found and by trial court order unsealed 3 volumes of Reporter's Record and have found an unnamed sealed motion 

### that was denied by the trial court after verdict. Appellate counsel, writand State's counsel have agreedto unseal and reviewthese items to see ifthese
are relevantto direct appealorpost conviction writ. This appeal contains an 

### unusually high number of voir dire and Batson issues. Additionally the

### competency jury trial has added to the issues and research needed to complete Appellant's brief. 

### Appellant's counsel requests additional time to complete research of possible points of error and final draft of brief to be submitted on behalfof Appellant. Counsel has spokento the State's assistantdistrictattorney, Ms. 

### Christine Womble on May 14, 2015 and she has no objection to this limited extension of time to file Appellant's brief. Counsel believes a final draft of 

### Appellant's briefwill be filedwithin the time requested herein.
II. 

### The Appellant has been diligent in pursuing this appeal and is not seeking this extension for purposes ofdelay. 

### WHEREFORE, PREMISES CONSIDERED, Appellant prays that this Motion be granted. Respectfully submitted, /s/ John Tatum John Tatum 990 S. Sherman Street Richardson, Texas 70581 (972) 705-9200 Fax#: (972)690-9901 State Bar No. 19672500CERTIFICATE OF SERVICE

1 Ihereby certify that a copy of this Motion has been delivered to Susan Hawk, Dallas County DistrictAttorney, or to herAssistant DistrictAttorney in 

### the Appellate Section assigned to this case, at 133 North Riverfront, 11th floor, Frank Crowley Criminal Courts Building, Dallas, Texas 75207, on this 

### the 13'' day ofApril 13,2015. /s/John Tatum John TatumCERTIFICATE OF COMPLIANCE Icertifythatthis submittede-mail attachmentto file Motion forExtension ofTime to File Brief complies with the following requirements ofthe 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 Extend Time 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 sentto all parties associated with this case. Is/John Tatum 5/14/15 (Signature offiling party and date) John Tatum (Printed name) John Tatum, Attorney at Law Emailed Copy of Motion