LAMAR BURKS 

## v. STATE OF TEXAS IN THE COURT OF CRIMINAL APPEALS OF TEXAS AUSTIN, TEXAS 

## RECEIVED 

# IN COURT

### OF CRIMINALAPPEALS 

## JAN 05 

## 2015 § § § § § No. WR-72, 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'.__.**~)** 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

### .**-~-** 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.

# ~/tJ4 LAMAR BURKS

Page 3./ 

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ATTACHMENT A.

### ./

Mr. LamarBurks #1011723 59 DarringtonRoad Rosharon, TX 77583 DearMr. 

### Burks: U.S. DepartmentofJustice Federal Bureau ofInvestigation Washington, D. C. 20535-0001 

### July 23, 2014

Your May 12th, 2014 complaint addressed to the FBI Office ofProfessional Responsibility wasreceived by the Initial Processing Unit (IPU), Internal Investigations Section (liS), InspectionDivision (INSD). The IISIINSD is the FBI entity responsible for investigating allegations ofserious misconductorcriminal activity onthepart ofFBI employees. In 

### your complaint, you advised ofinformation youhave regarding theretaliatory killings and yourbeliefs that a Special Agentmayhave failed to performthenormalrequired investigatoryprocedure inthese retaliatorykillings. Wehave forwarded this)nformation to the Criminal Investigative Division, Public Corruption & 

### CivilRights Section. Thepurpose ofthis letter is to extend ourappreciationto you for coming forward withyour concerns. The informationyouprovided will beprocessed and handled appropriately. TheFBI continually strives to provide independent and evaluative oversight ofall investigative and administrative operations, to include ourpersonnel. Your decision to perform a critical role to ensure compliance and facilitate the improvement ofthe FBI is greatly appreciated. Sincerely,

# ~~ Lee W. Harbaugh Unit Chief Initial ProcessingUnit Inspection Division