Pam Cole Court Coordinator 817.884.2989 plcole@tarrantcounty.com Judge Mollee Westfall 371st District Court Tim Curry Justice Center 401 West Belknap Fort Worth, Texas 76196-7118 817.884.2985 817.212.7567-fax September 12,2016 Brenda Clark Official Court Reporter 817.884.2895 bgclark @tarrantcounty.com

Tilon Lashon Carter #00999517 Polunsky Unit 3872 FM 350 South Livingston, Texas 77351 Re: Tilon Lashon Carter

- Case Number 0949973D, CCA Number AP-75,603 Dear Mr. Carter, Enclosed you will find a certified copy ofthis Court's Order Setting Execution Date. Please note the order sets the execution for Tuesday, February 7, 2017. 

## Sincerely ^^ /^ , , /\ COURTOFCRIMINALAPPEALS 

# 1

Wt/tLJiUWM7f-y SEP 19 2016 JUDGE MOLLEE WESTFAJX 

### Judge 371st District Court Enclosure (1)
cc: Joni White Director RECORDS & CLASSIFICATION P.O. BOX 99 HUNTSVILLE, TX 77340 Abel Acosta, Clerk Court ofCriminal Appeals PO Box 12308, Capitol Station Austin, Texas 78711 Tina Miranda Assistant Attorney General P.O. Box 12548 Austin, Texas 78711 

### AbelAcosta.CSerk Sharen Wilson Tarrant County District Attorney 401 West Belknap Fort Worth, Texas 76196-0101

David Richards 

### 3001 West 5th Street, Suite 800 Fort Worth, Texas 76107FILED THOMAS A WILDER, DIST. CLERK TARRANT COUNTY; TEXAS 

### CAUSE NO. 0949973D SEP 12 2016 TIME BY- XWJ DEPUTY 

### THE STATE OF TEXAS § IN THE371st JUDICIAL § VS. § DISTRICT COURT ,, § ACERTIFIED COPY v 

# TILONLASHONCARTER § TARRANT COUNTY,TEXAS.:$/^^/^

- ., - THOMAS ArWiL-DER 

# ORDER SETTING EXECUTIONDATE l^AP?4^0^^\ff^_

DEPUTY 

### The Court has reviewed the State's Motion to Set Execution Date and finds'that the motion should be GRANTED and a date ofexecution be set in this case. 

### In November 2006, the Defendant, Tilon Lashon Carter, was convicted of capital murder and sentenced to death in cause number 0949973D. The Texas Court of Criminal 

### Appeal's affirmed theDefendant's conviction anddeath sentence ondirect appeal onJanuary 14, 2009. See Carter v. State, No. AP-75,603 (Tex. Crim. App. January 14, 2009). On 

### October 5,2009, the SupremeCourt ofthe UnitedStates deniedDefendant's petitionforwrit ofcertiorari. See Carter v. Texas, 558 U.S. 830 (2009). 

### The Defendant filed a state application for writ ofhabeas corpus on September 8, 

### 2008. See Exparte TilonLashon Carter, No. WR-70,722-01 (Tex. Crim. App. January 28, 

### 2009) (unpublished order). After a live evidentiary hearing, the Courtenteredfindings offact and conclusions of law and recommended that relief be denied on October 8, 2010. The 

### Texas Court ofCriminal Appeals denied reliefon December 15, 2010. See Exparte Tilon LashonCarter, No. WR-70,722-01 (Tex. Crim. App. January 28,2009) (unpublished order).

TILON LASHON CARTER, CAUSE NO. 0949973D

- ORDER SETTING EXECUTION DATE, Page 1 of3

### The Defendant next filed a federal petition for writ of habeas corpus which was 

### denied by the United States District Court for the Northern District of Texas, Fort Worth Division on March 4,2015. See Carter v. Stevens, No. 4:10-CV-969-Y (N.D. Tex. March 4, 

### 2015) (unpublished). The United States Court ofAppeals for the Fifth Circuit denied the Defendant's request for a certificate of appealability on October 28, 2015. See Carter v. 

### Stevens, 805 F.3d 552 (5th Cir. 2015). Lastly, Defendant's petition for writ ofcertiorari was denied bythe UnitedStates Supreme Court on March28,2016. Carter v. Stevens, 136 S.Ct. 1497(2016). It is therefore evident that Defendanthas exhausted his avenues for reliefthrough the 

### state and federal courts and further, there are no stays ofexecution in effect in this case. ACCORDINGLY, IT IS HEREBY ORDERED that the Defendant, Tilon Lashon 

### Carter,who has been adjudgedto be guiltyofcapital murderas charged intheindictment and 

### whosepunishment has been assessed bythe verdictof thejury andjudgmentof the Courtat DEATH, shall be kept or taken into the custody of the Director of the Correctional Institutions Division of the Texas Department of Criminal Justice until the 7 day of 

### February, 2017, upon which day, at the Correctional Institutions Division ofthe Texas 

### Department ofCriminal Justice, at some time after the hour ofsix o'clock p.m., in a room designated by the Correctional Institutions Division ofthe Texas Department ofCriminal Justice and arranged for the purpose ofexecution, the said Director, acting by and through the executioner designated by said Director, as provided by law, is hereby commanded, ordered and directed to carry out this sentence of death by intravenous injection of a
TILON LASHON CARTER, CAUSE NO. 0949973D

- ORDER SETTING EXECUTION DATE, Page 2 of3

### n
substance or substances in a lethal quantity sufficient to cause the death ofthe Defendant, Tilon Lashon Carter until the said Tilon Lashon Carter is dead. Such procedure shall be 

### determined and supervised by the said Director ofthe Correctional Institutions Division of the Texas Department ofCriminal Justice.
IT IS FURTHER ORDERED that The Clerk of this Court shall issue and deliver to the SheriffofTarrant County, Texas, a Death Warrant in accordance with this sentence and Order, directed to the Director of the Correctional Institutions Division ofthe Texas Department ofCriminal Justice, at Huntsville, Texas, commanding the said Director, to put into execution the Judgment ofDeath against the said Tilon Lashon Carter. The SheriffofTarrant County, Texas is hereby ordered, upon receipt ofsaid Death Warrant, to deliver said Warrant to the Director ofthe Correctional Institutions Division of the Texas Department ofCriminal Justice, Huntsville, Texas together with Defendant, Tilon Lashon Carter. SIGNED this day ofSeptember 2016.



### [OLLEE"WESTFAteL, JUDGE 

# 3^1stJUDICIAL DISTRICTCOURT TARRANT COUNTY, TEXAS

TILON LASHON CARTER, CAUSE NO. 0949973D - ORDER SETTING EXECUTION DATE, Page 3 of 3