LAMAR BURKS 

v. 

STATE OF TEXAS 

IN THE 

COURT OF CRIMINAL APPEALS OF TEXAS 

AUSTIN, TEXAS 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

JAN 05 2015 

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§ 

§ 

§ 

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No. WR-7 2, 881.-05 Abel Acos1Bl, Clem 

MOT~ON DIENIED . 

DATE: 1- I f -16 ~V: f.c.. ~ MOTION FOR EXTENTION.OF TIME FOR FILING REHEARING 

TO THE HONORABLE JUDGES OF SAID'COURT: 

COMES NOW, the Appellant, LAMAR BURKS, pursuant to Texas 

Rules of Appellate Procedure 79.6, and submits this Motion for 

an extention of time to seek a rehearing to this Court's 

dismi~sal of his sucessive habeas petition. The present Motion 

for extention of time will show the following: 

1) The deadline for filing a motion for rehearing in this 

case is January 1, 2015. 

2) Appellant seeks a 40 day extention to file a motion for 

rehearing. 

3) On December 17, 2014, this Court dismissed without written 

order the subsequent application for a writ of habeas corpus 

pursuant to Tex Code Crim. Proc. Art. 11.07, Sec. 4(a)-(c). I 

Page 1 
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~) The language of Tex Rules of Appelate Procedure 79.2 (d), 

·bars filing a motion for rehearing of an order that denies habeas 

corpus relief under Code of Crim Proc 11.07 or 11.071. 

5) Appellant's motion for rehearing will present substantial 

intervening circumstance that establish a denial of procedural 

due process during the trial court's findings of fact and 

conclusion of law stage. 

6) Appellant's motibn for rehearing will show that during 

the findings of fact and conclusions of law process, the trial 

judge and assistant di'strict attorney were under FBI investigation 

for their role in civil rights violation which led to Appellant~s 

indictment and conviction. [see Attachment A]. 

7) Appellant's motion for rehearing will show the trial judge 

of the 208th district court and the Harris County assi~tant district 

attorney submitted findings of fact and con~lussions of law in the 

present case while knowingly under FBI investigation. 

Wherefore, Abp'l~~nt respectfully prays that this Court 

enter Judgment Granting Appellant: 

8) A 40 day extention to file a motion for rehearing. 

Page 2 
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9j Based on the memorandum for FBI Headquarters in Washington, 

DC, which establishes an investigation of the trial judge and 

assistant district attorney, an order pursuant to Tex R. App. Proc. 

79.2 (d) .that the Court, on its own initiative will reconsider 

the case. 

December 29, 2014 

CERTIFICATE OF SERVICE 

Respectfully submitted, 

LAMAR, BURKS 

TDCJ-ID NO 1011723 

DARRINGTON UNIT 

59 DARRINGTON ROAD 

ROSHARON, TEXAS 77583 

I herby certify that the foregoing MOTION FOR EXTENTION OF 

TIME FOR FILING REHEARING has been forwarded by U.S. mail to 

Harris county District Attorney Devon Anderson, 1201 Franklin, 

t.:¥. 

suite 600, Houston, Texas 77002 on Decenber 29, 2014. 

LAMAR 

~/tJ4 BURKS 

Page 3 
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ATTACHMENT A. 
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Mr. Lamar Burks 

#1011723 

59 Darrington Road 

Rosharon, TX 77583 

Dear Mr. Burks: 

U.S. Department of Justice 

Federal Bureau of Investigation 

Washington, D. C. 20535-0001 

July 23, 2014 

Your May 12th, 2014 complaint addressed to the FBI Office ofProfessional Responsibility 

was received by the Initial Processing Unit (IPU), Internal Investigations Section (liS), 

Inspection Division (INSD). The IISIINSD is the FBI entity responsible for investigating 

allegations of serious misconduct or criminal activity on the part of FBI employees. 

In your complaint, you advised of information you have regarding the retaliatory killings 

and your beliefs that a Special Agent may have failed to perform the normal required 

investigatory procedure in these retaliatory killings. We have forwarded this)nformation 

to the Criminal Investigative Division, Public Corruption & Civil Rights Section. 

The purpose of this letter is to extend our appreciation to you for coming forward 

with your concerns. The information you provided will be processed and handled appropriately. 

The FBI continually strives to provide independent and evaluative oversight of all investigative 

and administrative operations, to include our personnel. Your decision to perform a critical role 

to ensure compliance and facilitate the improvement of the FBI is greatly appreciated. 

Sincerely, 

~~ Lee W. Harbaugh 

Unit Chief 

Initial Processing Unit 

Inspection Division