NOS. WR-82,875-01 and WR-82,875-02

IN THE COURT OF CRIMINAL APPEALS 

FOR THE STATE OF TEXAS 

* * * 

 

In re STATE OF TEXAS ex rel. JOHN F. HEALY, JR., District Attorney, 

268TH JUDICIAL DISTRICT, Relator

* * * 

THE REAL PARTY IN INTEREST’S FIRST AND FINAL MOTION 

FOR EXTENSION OF TIME WITHIN WHICH TO FILE 

 REAL PARTY IN INTEREST’S RESPONSE TO THE STATE’S 

MOTION FOR LEAVE TO FILE PETITION FOR WRITS OF 

MANDAMUS AND/OR PROHIBITION 

*Death Penalty Case* 

ORIGINAL PROCEEDING FROM CAUSE NO. 10-DCR-054233 IN THE 

268TH DISTRICT COURT, FORT BEND COUNTY 

THE HONORABLE BRADY ELLIOTT, PRESIDING JUDGE

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL 

APPEALS: 

 ALBERT JAMES TURNER, the real party in interest, in the above 

cause, respectfully requests that the Court grant this Motion for Extension of 

Time Within Which to File Real Party in Interest’s Response to the State’s

WR-82,875-01,02

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 4/3/2015 12:38:04 PM

Accepted 4/6/2015 8:30:54 AM

ABEL ACOSTA

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 4/6/2015 ABEL ACOSTA, CLERK 
2

Motion for Leave to File Petition for Writs of Mandamus and/or Prohibition. 

In support of this motion, Mr. Turner respectfully shows the Court the 

following: 

I.

In May 2011, a jury convicted Albert James Turner of capital 

murder and answered the special issues submitted pursuant to Texas 

Code of Criminal Procedure article 37.071, and the trial court, 

accordingly, set punishment at death. This Court abated Turner’s

direct appeal and remanded the cause to the trial court to determine 

whether it is feasible to conduct a retrospective competency trial, and 

if so, to conduct a retrospective competency trial. Turner v. State, 422

S.W.3d 676 (Tex. Crim. App. 2013). 

II.

After the trial court determined feasibility and scheduled a 

retrospective competency trial, the trial court later decided instead to

hold a jury trial on Turner’s current competency. Relator then filed the

instant Motion for Leave to File Petition for Writs of Mandamus and/or 

Prohibition. Relator also filed the petition for which it is requesting leave to 
3

file. 

III.

The real party in interest’s response is currently due on April 3, 2015. 

Counsel respectfully requests an extension of time until Friday, April 17, 

2015. 

IV.

Counsel just completed supplemental briefing to the 4th Court of 

Appeals in Kimberly Saenz v. State of Texas Cause No. 04-12-00238-CR by 

April 8, 2015, a non-death capital that this Court remanded. 

Additionally, Counsel is preparing for State of Texas v. Marcelino 

Osuna Cause No. 1414477, a non-death capital scheduled for trial on May 

18, 2015. Counsel is continuing to work on the death capital appeal of 

Harlem Harold Lewis III v. State of Texas, No. AP-77-045, due to this Court 

on June 8, 2015. 

V.

 WHEREFORE, PREMISES CONSIDERED, Mr. Turner prays that 

this Honorable Court will grant this requested extension of time to file the 

Real Party in Interest's Brief in the above cause and extend the time for 

filing until Friday, April 17, 2015. This request is not made for any 
4

purposes of delay, but only so that Mr. Turner may receive the effective 

assistance of counsel to which he is entitled. 

 

 Respectfully submitted, 

 

 ______________________ 

ROBERT A. MORROW 

 State Bar No. 14542600 

24 Waterway Ave., Suite 660 

 The Woodlands, Texas 77380 

 Telephone: (281) 379-6901 

 ramorrow15@gmail.com

______________________ 

AMY MARTIN 

 State Bar No. 24041402 

202 Travis Street, Suite 300 

 Houston, Texas 77002 

 Telephone: (281) 809-0873 

 amymartinlaw@gmail.com 

 ATTORNEYS FOR REAL PARTY IN INTEREST 

 APPOINTED ON APPEAL ONLY 

/s/ Robert A. Morrow

/s/ Amy Martin
CERTIFICATE OF SERVICE 

I certify that I have served this document, Real Party in Interest’s Response to 

the State’s Motion for Leave to File Petition for Writs of Mandamus and/or 

Prohibition, on the following parties on April 3, 2015 via fax and/or email: 

Real Party in Interest 

The State of Texas 

John F. Healy, Jr. 

State Bar No. 09328300 

Fort Bend County District Attorney 

Fred Felcman 

State Bar No. 06881500 

Fred.Felcman@fortbendcountytx.gov

Assistant Criminal District Attorney 

Gail Kikawa McConnell 

State Bar No. 11395400 

Gail.McConnell@fortbendcountytx.gov

Assistant Criminal District Attorney 

1422 Eugene Heimann Circle 

Richmond, Texas 77469 

(281) 341-4460 /(281) 238-3340 (fax) 

Respondent 

The Honorable Brady Elliott 

Trial Court Judge 

 368th Judicial District Court of Fort Bend County 

 1422 Eugene Heimann Circle 

Richmond, Texas 77469 

Telephone: 281-341-8610 

Fax: 281-341-8614 

 

_________________________ 

 ROBERT A. MORROW 

/s/ Robert A. Morrow