1 Nos. WR

- 82, 828

- 0 1

EX PARTE § IN THE TEXAS

RODNEY Y. ANDERSON § COURT OF CRIMINAL APPEALS

TDCJ

- ID # 01621165 § § [Cause No. 09

- 07

- 07255

- CR(1) in the § 359 th Judicial District Court § Mont gomery County, Texas]

AMENDED MOTION TO EXTEND TIME

TO CONTINUE WRIT HEARING AND COMPLY WITH ORDER ISSUED ON MARCH 25, 2015 [60 Day Extension Requested]

TO THE HONORABLE JUDGE S OF SAID COURT :

NOW COMES

, Applicant, RODNEY Y. ANDERSON , who by and throug h

undersigned counsel, respectfully amends his previously filed motion to extend the

time to continue the writ hearing and comply with this Honorable Court’s order

issued on March 25, 2015 by requesting a 60 day extension

. In support of this

motion, Mr. An derson would show as follows :

1. The Order directs the trial Court to submit its Findings of Fact and

Conclusions of Law and Transcript of Proceedings on or before July 23, 2015. A

sixty (60) extension would fall on September 21, 2015.

2

. The Order of this Court (on page 2)

, directs the trial Court to make

findings of fact and conclusions of law as to:

a. “...whether the State withheld material evidence of Anderson’s innocence by failing to disclose that eyewitnesses had given statements at

the scene in which they were unable to identify the armed men rushing WR-82,828-01
COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS
Transmitted 6/10/2015 12:45:58 PM Accepted 6/10/2015 1:46:47 PM

ABEL ACOSTA
CLERK2 Applicant as law enforcement officers, tending to show that Applicant

and his co

- defendant were not aware these men were law enforcement.”

b. “...whether the State failed to disclose the State’s i nformant’s contingency fee contract.”

c. “... whether the prosecutor improperly suppressed evidence in this

cause. ”

d. and, “... any other findings of fact and conclusions of law that it deems relevant and appropriate to the disposition of Applicant’s claim for habeas corpus relief. ”

3

. The Order further states that the above issues be resolved within 90 days

of the Order, that a supplement transcript and findings of fact and conclusions of

law be forwarded to this Honorable Court within 120 days of this Or der. See Order

at pages 2

- 3.

4 . The trial Court scheduled a hearing to be heard on May 27

- 28, 2015. The

hearing did take place as scheduled on May 27, 2015. However, the trial Court

had to pick a jury on May 28, 2015 and could not cont inue the hearing o n that date.

I t was suggested to continue the hearing on May 29, 2015. The trial Court has

reset the hearing for June 16, 2015. However, undersigned counsel Orr is out of

t he country on that date, and, as of this date, undersigned counsel Griffith is still

awaiting the birth of his child.

5 . Undersigned counsel had professional and personal conflicts on that date.

a. Mrs. Orr i s scheduled to speak on May 29, 2015, at the Conference of Criminal Appeals, organized by t he Texas Court of Criminal Appeals,3 Texas Criminal Defense Lawyers Association and the Texas District and County Attorneys Association.

b. Mr. Griffith’s wife is ready to give birth to their first child. Their

obstetrician has informed them that the bab y is fully developed and she could go into labor any day. Mrs. Griffith has an appointment on May 29, 2015. This appointment is to determine whether they will induce labor or let her proceed naturally.

6

. Undersigned counsel has conferred with the State, Assistant District

Attorney Bill Delmore

. He has informed undersigned counsel that he has prepared

findings of fact and conclusions of law that the trial Court can sign today and

submit to this Honorable Court without proceeding and completing the hearin g. As

stated above, the hearing has commenced for only one day and the defense is in the

midst of their case and has not rested, nor has the State presented any witnesses

thus far, to rebut. The defense has only put on one of the trial attorneys.

7

. Under signed counsel has the following professional conflicts:

Counsel Cynthia Orr is the current chair of the American Bar Association’s

Criminal Justice Section. In that capacity, she is scheduled to attend the following

meetings:

a. ABA ’s Fighting Implicit Bias Committee Meeting sched uled on

June 8

- 10, 2015 in Phila de l phia, PA;

b. ABA’s 2015 London Sessions scheduled on June 11

- 15, 2015 in London, England; and

c. International Society for the Reform of Criminal Law scheduled on

June 21

- 25, 2015 in Edinburgh, Scotland.4 8 . Undersigned counsel has the following personal conflict:

Counsel Chris Griffith’s wife has appointment s scheduled with her

obstetrician through June 19 , 2015, if she has not delivered their child before that

date.

9 . A pplicant’s witness and trial attorney, Chris Tritico, has judicial conflicts

throughout the month of June with limited availability, as does his counsel, Troy

McKinney.

10 . The trial Court has also informed undersigned counsel that it is not

available th e week of June 29, 2015.

11 . Undersigned counsel do es not want to overburden the trial Court , who is

fitting this hearing in, amongst its other duties. Also, counsel are working to

accommodate some of the ir witnesses

, who are trial lawyers. Counsel may need to

recall their witness, Chris Tritico.

WHEREFORE, PREMISES CONSIDERED, Applicant prays this

Honorable Court grant his motion and extend the time for sixty (60) days so that

the trial Court can continue the writ hearing, prepare a supplemental transcr ipt and

supplemental findings of fact and conclusions of law in order that it may comply

with the Order issued on March 25, 2015.5 Respectfully submitted:

CYNTHIA E. ORR

Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY 310 S. St. Mary’s St.

29 th Fl. Tower Life Bldg. San Antonio, Texas 78205 whitecollarlaw@gmail.com

210

- 226

- 1463 phone

210

- 226

- 8367 facsimile

CHRISTOPHER M. GRIFFITH

Bar No. 24069072

LAW OFFICE OF CHRISTOPHER M

. GRIFFITH 310 S. St. Mary’s St., Ste. 1215 San Antonio, Texas 78205 cmarkgriffith@gmail.com

210

- 229

- 1444 phone

210

- 229

- 1445 facsimile

By:

_ /s/ Chris M. Griffith

___ __________ CHRISTOPHER M. GRIFFITH

Attorney s for Applicant

, RODNEY Y. ANDERSON6 CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the foregoing amended

m otion has been sent to Assista nt District Attorney Bill Delmore

, via e

- mai l

,

bill.delmore@mctx.org , as a participant of the electronic filing system

-

efiletexas.gov , o n this the 10 t h day of June , 2015

.

By:

_ /s/ Chris M. Griffith

___ __________ CHRISTOPHER M. GRIFFITH