BRIAN KEITH GORHAM

EASTHAM UNIT 199B550

2665 PRISON ROAD ONE

LOVELADY, TX 75B51

December 12, 2017

COURT OF CRIMINAL APPEALS

P.O. BOX 12308 CAPITOL STATION

AUSTIN, TX 78711

RE: EMERGENCY MOTION TO STAY

CCA NO. WR-8<*,6:#-03

Dear Clerk:

Relator/Movant has encloseddthe original "Emergency Motion to Stay" for

presentment to this Honorable Court. Believing in good faith that this task

will be done and a ruling will be had--] uithin 10 days of receipt. Relator/

movant is also requesting for this Clerk to file date stamp the attached copy

of this letter and return it at the address listed above. Thank you for your

time in this matter.

Regerds,

(Uifl/w V- )JUU^^

BRIAN K.'GORHAM

RECEIVED IN

COURT OF CRIMINAL APPEALS

DEC 19 201?

Deana Williamson, Clerk
DecsnaBr 12, .2017-

BRIAN KEITH GORHAM

EASTHAH UNIT 1998550

2665 PRISON ROAD ONE

LDVELADY, TX 75B51

COURT OF CRIMINAL APPEALS !

P.O. BOX 12.VJS CAPITOL STATION -t

AUSTIN, TX 78711 .. ..-.'

RE: EMERGENCY MOTION TO STAY

CCA N0.[,WRr8V,67<'-03 • -

: . \trt\$A </\; .. , \ ..'^- "** • . %%pj

Dear Clerks.' •v--'. '•'••v "-S'Ai-i ' ' "•""-, ••-,' *-y,:

Relator/Movent;haa enoloaaeWtha original •'Emergency Notion to Stay" for

presentment, to thie.-Honarable Court- Believing in good faith that this taak._£

tdlll be done.and a .ruling ulll be.toada within 10 daye of receipt. Relator/ :

movant la alep requesting for this Clerk to f11a dete etemp the attached copy

of thie letter and return It at the address listed above. Thank you for your,

time in thie' matter,.

Regards,

BRIAN K. GORHAM

' ' •• if
CCA NO. UR-B4,647-03

TRIAL COURT NO. 2012 CR10383-U1

EX PARTE § IN THE COURT OF

§ CRIMINAL APPEALS

BRIAN KEITH GORHAM § AUSTIN, TEXAS

MOTION REQUESTING LEAVE TO FILE MOTION TO STAY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Brian Keith Gorham, Movant Pro Se in the above styled and numbered

cause with this MOTION REQUESTING LEAVE TO FILE MOTION TO STAY pursuant to Tex.R.App.

Proc. 72.1 and/or 72.2.

I.

Movant seeks permission from this Court to file ad!MDTI0N TO STAY as Movant

has no other remedy by appeal.

II.

Movant proceeds Pro Se and is a layman of the law, unskilled and without training

in the drafting of legal papers. Therefore, he is entitled to a less stringent standard

than those pleadings filed by lawyers. Haines v. Kerver, 404 U.S.519, 520(1972); H

Hernandez v. Thaler, 630 F.3d 420, 426-27 (5th Cir. 2011).

PRAYER

WHEREFORE, Movant prays this Court grant this MOTION TO .SJflY allowing Movant's

Motion to Stay to be considered.

UN5UJ0RN DECLARATION

I, Brian Keith Gorham, do declare that this document is true and correct and

swear under penalty of perjury to the facts herein.

Executed pn this the Ip^day of \$T&whjA, 2017.

Movant Pro Se

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CCA NO. ^R-84,647-03

TRIAL COURT NO. 2012-CR-103B3-U1

EX PARTE § IN THE CDURT QF

§ CRIMINAL APPEALS

BRIAN KEITH GORHAM ' § AUSTIN, TEXAS

EMERGENCY MOTION TO STAY

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, BRIAN KEITH GORHAM, Relator, Pro Se, in the styled and numbered cause of

action and files this Motion to Stgay pursuant to Tex.R.App.Proc. 52.10(a) and will

show thesCourt the following:

On August 23, 2D17, this Court ordered the 175th District Court of BexarxCounty to

further develop the record in Applicant's! 11.07 Writ of habeas corpus. ThisE order stated

in pertinent,

"The trial court shall order trial counsel to respond again to the above claims and

elaborate on his strategy and reasoning."

The trial Court did this and made her "Supplemental Order" including Facts Finding and

Conclusions of Law on November 3D, 2017, 'within the prescribed time allotted by this Court.

Relator didr* NOT receive a copy of the "Supplemental Order" until December 12, 2017, this

can be verified throughtthe prison legal mailroom.

Relator believes under Tex.R.App.Proc. 73.4(b)(2) stating in- pertinent "a party has

10 days from the date he receives the findings to file objections, ..." Movant is notifying

the Courts that objection will be made within the 10 days and requests that the Court of

Criminal Appeals stay any proceedings in it's decision making untilrrisuch objections are

received. Relator believes that there could be a decision in this case due to the delay

in reception of the "Supplemental Order" and between the time to concoct and mail to the

Court and respectfully requests temporary relief by stay until objections are submitted

and reviewed.

PRAYER

FOR ALL THESE REASONS, Mr. Brian Keith Gorham, respectfully prays this Honorable

Court of Criminal Appeals GRANT this EMERGENCY MOTION TO STAY allowing Applicant to file

objections to the 175th Dist. Courts "Supplemental Order" Facts Finding and Conclusions

of Law.

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CERTIFICATE OF SERVICE

I hereby certify that on this 12th day of December, 2017, a true and correct carbon

copy of the above foregoing Emergency Motion to Stay was transmitted to the District

Clerk of Bexas County. 101 U. Nueva, Suite 217, San Antonio, Texas 7B205.

Relator

DECLARATION

I, Brian Keith Gorham, TDCJ/CID # 1998550, being presently incarcerated in

the Eastham Unit of the Texas Department of Criminal Justice against my will, in Houston

County, Texas, verify and declare under penalty of perjury that the foregoing statements

are true and correct.

Executed o nthis \iy day of [^/CgM^Wv , 2017.

On this the of

ORDER

, 2017, came to be heard Relator's EMERGENCY

MOTION TO STAY and said motion is hereby:

( ) GRANTED ( ) DENIED

Signed this , day of , 2017.

JUDGE PRESIDING

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