NO. AP-77,047

IN THE

COURT OF CRIMINAL APPEALS

OF TEXAS

_______________________________________________________

KENNETH THOMAS

Appellant

VS.

THE STATE OF TEXAS

Appellee

_______________________________________________________

APPEALING THE TRIAL COURT’S CAPITAL JUDGMENT 

ASSESSING THE DEATH SENTENCE BASED ON JURY VERDICT

OF GUILTY AND ANSWERS TO SPECIAL ISSUES

IN CAUSE NUMBER F86-85539-M FROM THE 194TH JUDICIAL

 DISTRICT COURT OF DALLAS COUNTY, TEXAS

THE HONORABLE ERNEST B. WHITE, III, JUDGE PRESIDING

_______________________________________________________

MOTION TO SUPPLEMENT 

THE REPORTER’S RECORD

_______________________________________________________

COMES NOW KENNETH THOMAS, by and through his

appointed attorney on appeal, John Tatum, and respectfully submits this Motion to 

AP-77,047

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 5/14/2015 7:45:51 PM

Accepted 5/15/2015 7:53:17 AM

ABEL ACOSTA

CLERK
Supplement the Reporter’s Record in the above entitled and numbered cause. In

support of this Motion, Appellant would show this Honorable Court the following:

I.

The Defendant, Kenneth Thomas, pleaded not guilty to the charge of

Capital Murder before the Honorable Ernest B. White, Judge Presiding of the

194

th

 Judicial District Court of Dallas County and a jury. The jury found the

Defendant guilty and punishment was assessed at death by lethal injection.

II.

The Reporter’s Record has been filed in this cause.

III.

Appellant has raised “Batson”issues, defense juror challenges denied

by trial court issues and granting State’s challenges over defense objection issues

and the juror questionnaires are necessary to aid this Court in resolving the issues

raised on appeal to the Court of Criminal Appeals. Appellant’s counsel was able

to obtain a CD with the questionnaires from the court reporter in order to complete

argument of these 31 issues. Appellant, therefore, moves this Honorable Court to

enter an order supplementing the appellate record with the CD’s containing the

requisite questionnaires. This would make available to this Court its necessary

information made reference to in Appellant’s brief. 
WHEREFORE, PREMISES CONSIDERED, Appellant prays that

this Court will grant his Motion to Supplement the Reporter’s Record in this

Cause with the juror questionnaires.

Respectfully submitted,

 /s/ John Tatum 

John Tatum

990 South Sherman Street

Richardson, Texas 75081

(972)705-9200

Fax (972)690-9901

State Bar No. 19672500

CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing motion

has been mailed to:

The Hon. Susan Hawk

c/o Asst. Dist. Att. Christine Womble

Criminal District Attorney

Attn: Appellate Section

Frank Crowley Courts Building

133 N. Riverfront Blvd. - LB19

Dallas, Texas, 75207-4313

on this 14

th

 day of May, 2015.

 /s/ John Tatum 

John Tatum
CERTIFICATE OF COMPLIANCE

I certify that this submitted e-mail attachment to file Motion to

Supplement the Record complies with the following requirements of the Court:

1. The petition is submitted by e-mail attachment;

2. The e-mail attachment is labeled with the following information:

A. Case Name: Kenneth Thomas

B. The Appellate Case Number: 77,047

C. The Type of Document: Motion to Supplement Record

D. Party for whom the document is being submitted: Appellant

E. The Word Processing Software and Version Used to Prepare the

Motion :

Word Perfect X7

3. Copies have been sent to all parties associated with this case.

 /s/ John Tatum 5/14/15

(Signature of filing party and date)

John Tatum

(Printed name)

John Tatum, Attorney at Law

Emailed Copy of Motion