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Nos. WR-82, 828-01

EX PARTE § IN THE TEXAS 

RODNEY Y. ANDERSON § COURT OF CRIMINAL APPEALS

TDCJ-ID # 01621165 §

§ [Cause No. 09-07-07255-CR(1) in the 

§ 359th Judicial District Court

§ Montgomery 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 JUDGES OF SAID COURT:

NOW COMES, Applicant, RODNEY Y. ANDERSON, who by and through 

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. Anderson 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

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 6/10/2015 ABEL ACOSTA, CLERK 
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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 informant’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 Order. 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 continue the hearing on that date. 

It 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 

the 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 is scheduled to speak on May 29, 2015, at the Conference of 

Criminal Appeals, organized by the Texas Court of Criminal Appeals, 
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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 baby 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 hearing. 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. Undersigned 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 scheduled on 

June 8-10, 2015 in Philadelphia, 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. 
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8. Undersigned counsel has the following personal conflict:

Counsel Chris Griffith’s wife has appointments scheduled with her 

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

date.

9. Applicant’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 the week of June 29, 2015.

11. Undersigned counsel does 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 their 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 transcript and 

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

with the Order issued on March 25, 2015. 
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Respectfully submitted:

CYNTHIA E. ORR

Bar No. 15313350

GOLDSTEIN, GOLDSTEIN & HILLEY

310 S. St. Mary’s St.

29th 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

Attorneys for Applicant,

RODNEY Y. ANDERSON
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CERTIFICATE OF SERVICE

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

motion has been sent to Assistant District Attorney Bill Delmore, via e-mail, 

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

efiletexas.gov, on this the 10th day of June, 2015.

By: _/s/ Chris M. Griffith_____________

CHRISTOPHER M. GRIFFITH