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 ^^/^ , , /\ COURTOFCRIMINAL APPEALS

1Wt/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 76107
FILED

THOMAS A WILDER, DIST. CLERK

TARRANT COUNTY; TEXAS

CAUSE NO. 0949973D SEP 12 2016

TIME

BY- XWJ DEPUTY

THE STATE OF TEXAS § IN THE 371st JUDICIAL

§

VS. § DISTRICT COURT ,,

§ ACERTIFIED COPY v

TILON LASHON CARTER § TARRANT COUNTY,TEXAS.:$/^^/^ - ., - THOMAS ArWiL-DER

ORDER SETTING EXECUTION DATE 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 of execution 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

of certiorari. See Carter v. Texas, 558 U.S. 830 (2009).

The Defendant filed a state application for writ of habeas corpus on September 8,

2008. See Exparte TilonLashonCarter, 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2009) (unpublished order).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 of Criminal Appeals denied relief on 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 of 3
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 of Appeals 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 Defendant has exhausted his avenues for reliefthrough the

state and federal courts and further, there are no stays of execution in effect in this case.

ACCORDINGLY, IT IS HEREBY ORDERED that the Defendant, Tilon Lashon

Carter,who has been adjudgedto be guiltyof capital murderas charged inthe indictment 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 of the Texas

Department of Criminal Justice, at some time after the hour ofsix o'clock p.m., in a room

designated by the Correctional Institutions Division ofthe Texas Department of Criminal

Justice and arranged for the purpose of execution, 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 of 3
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 ofthis Court shall issue and deliver to

the Sheriff ofTarrant 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 of Death against the said Tilon Lashon Carter.

The Sheriff of Tarrant 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 of September 2016.

[OLLEE"WESTFAteL, JUDGE

3^1st JUDICIAL DISTRICT COURT

TARRANT COUNTY, TEXAS

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