In the Court of Criminal Appeals of Texas Wr__________ Ex Parte Dustin John Lowry, et al.

Formerly IN THE COURT OF CRIMINAL APPEALS OF TEXAS

TEX. CRIM. APP.PD-0427-08 ON PETITION FOR DISCRETIONARY REVIEW Formerly on direct appeal IN THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS CT.APP.NO.13-03-00081-CR DUSTIN JOHN LOWRY

VS. THE STATE OF TEXAS Formerly tried in THE 404 THDISTRICT COURT OF CAMERON COUNTY, TEXAS TRIAL COURT NO. 02-CR-480-G State of Texas v. Dustin John Lowry

et al.: Jesus Roberto Villarreal, No. 13-08-00292-CR, in the Court of Appeals, 13 thDistrict of Texas, Corpus Christi-Edinburg, on Appeal from the 107 thDistrictCourt of Cameron County, Texas, Cause No. 06-CR00000413-A. Rodrigo Garcia, Trial Court No. 879410-A, in the 183 rdDistrict Court of Harris County, Texas.

Page 1 of 7 WR-83,433-01 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 6/19/2015 6:49:38 PM Accepted 6/22/2015 8:12:58 AM

ABEL ACOSTA CLERKJavier Chavez, No. 13-09-0068-CR, in the Court of

Appeals for the 13 t hDistrict of Texas, formely tr ied in the 107 t hDistrict Court or Cameron County, Texas, Trial Court No. 07-CR-00078-A. * * * * * * * * * * Motion for Oral Argument on Laches re Several Applications in the Court of Criminal Appeals * * * * * * * * * * Res p ect fu l ly

s ub mi tt ed , By : / s / La rr y W a rn er Larry Warn er, Atto rn ey at l aw 3 1 09 BanyanCircl e, Harl in g en , Tex as 7 8 5 50 Offi ce: 9 5 6 2 3 0-0 3 61 Facs imi l e: 1 -8 6 6 -4 0 8 -1 9 6 8 emai l : o ffi ce@ l arrywarn er.co m St at e Bar o f Tex as 2 0 8 7 1 5 0 0 ; USDC,SDTX 1 2 3 0 Bo ardCert i fi edCri min alLaw, Tex as Bo ardLeg al Sp eci al izat i o n (1 9 8 3 ) M em b er o f th e Bar o f th e Sup reme Co urto f th e Un it edSt at es (1 9 8 4 )

Pag e 2 of 7In the Court of Criminal Appeals of Texas Wr__________ Ex Parte Dustin John Lowry, et al.

Formerly IN THE COURT OF CRIMINAL APPEALS OF TEXAS

TEX. CRIM. APP.PD-0427-08 ON PETITION FOR DISCRETIONARY REVIEW Formerly on direct appeal IN THE COURT OF APPEALS FOR THE THIRTEENTH DISTRICT OF TEXAS CT.APP.NO.13-03-00081-CR DUSTIN JOHN LOWRY

VS. THE STATE OF TEXAS Formerly tried in THE 404 T HDISTRICT COURT OF CAMERON COUNTY, TEXAS TRIAL COURT NO. 02-CR-480-G State of Texas v. Dustin John Lowry

TO THE HONORABLE PRESIDING JUDGE AND JUDGES OF THE COURT OF CRIMINAL APPEALS OF TEXAS: Mr. W a r n er, Counsel for Dustin John Lowry and other Appl i c a nts for Post-Conviction writs of habeas corpus pursuant to TEX.CODE CRIM.P.art.11.07, moves the Court of Criminal Appeals of Texas to al l o w oral argument on the subjec t o f the application of the doctrine of laches in habeas, as follows: Pag e 3 of 71. Mr. Warner represents the following appli c a n ts,

among others, for post-conviction writs of habeas corpus pursuant to TEX.CODE CRIM.P.art.11.07: Dustin John Lowry Jesus Roberto Villarreal Rodrigo Garcia (a motion to reinstate is being filed) Javier Chavez 2. In each cited matter the state has asserted or may assert laches in the noted habeas proceeding. 3. The Court of Criminal Appeals of Texas has allowed oral argument on an application for habeas corpus.

“[T]he county attorney again presented his applic a t i on for the three writs, habeas corpus, prohibition, and mandamus.***It was submitted on briefs and oral arguments at that ti m e, and the court took it under advisement.” S t a te v. Clark ,187S.W.760,767hn13(Tex.Crim.App.1915) 4. The matter will ef f e c t (sic) judicial economy as it will resolve an asserted impediment to consideration of the merits in several cases. 5. The qu e stion of whether the judiciary’s use of Pag e 4 of 7laches to bar consideration of an application for a writ

of habeas corpus more than four years after the finality of the judgment amounts to s u s p e n sion of the writ of habeas corpus is important to the jurisprudence of the state. It is important because TEX.CONST.art.I,sec.12 provides: “The writ of habeas corpus is a writ of right and shall never be suspended.” 5. The q u e s tion of whether use of a judicially imposed d o c t r ine of laches to bar consideration of an application for a writ of habeas c o r pus more than four years after the fina l ity of the judgment amounts to suspension of the writ of hab e a s corpus is important to the j urisprudence of the state. It is important because TEX.CONST.art.I,sec.29 provides: “[E]verything in this ‘Bill of Rights’ is excepted out of the general powers of government, and shall forever remain inviolate....” 6. In each of the cited cases, Writ Couns e l ’s brief in support of the Application se t s o u t in detail the argument against applying laches in habeas matters.

Conclusion and request for relief The Court of Criminal Ap p e als of Texas should allow Pag e 5 of 7oral argument in the cited cases on the issue of the use

of laches in applications for habeas corpus.

Respectfully submitted By: /s/Larry Warner Larry Warner Attorney for Appellant

Pag e 6 of 7CERTIFICATE OF SERVICE

I certify that a true and correct of the above and foregoing document, Motion for Oral Argument on Laches re Several Applications in the Court of Criminal Appeals

was forwarded to the District of Court of Cameron County

a nd the District Court of Bell County Via First Class Mail to: Hon. Lui s V. Saenz, Cameron County District Attorney’s Off i ce, 964 E. Harrison St., Brownsville, Texas 78520 Hon. Devon Anderson, Harris County District Attorney, 1201 Franklin St., Suite 600, Houston, TX 77002

Hon. Chris Daniel, Harris County District Attorney, P. O. Box 4651, Houston, TX 77002-1901 on June 18, 2015. Respectfully submitted By: /s/Larry Warner Larry Warner Attorney for Appellant

Pag e 7 of 7