# AP7?,t>S CERTIFICATE OF PROCEE D I N G S

CASE: 1002038 DATE

# . 4 /Al/15 DOCKET: 1002038D DEFENDANT: WILKINS,CHRISTOPHER CHUBASCO MICRO: WILKINS,CHRISTOPHER CHUBASCO CID: 0674102
WARRANT: INDICTED: Y DATE: 02/07/06
TRANSFER COURT: COURT: D2 97 CHOV: / / I/O: HEARD:
COUNTY: DATE: 10/28/05 LSR INC: CHARGE OFFENSE: 099920 CAPITAL MURDER DISPOSITION OFFENSE: 099920 CAPITAL MURDER PLEA:
DISP: • SENTENCE: ACTION: PROB (MOS): BOND TYPE: FINE:
STATUS: CT COST:
EVENT: MISC:

AMOUNT: DUE:
PAID: / /

FORFEIT:
BONDSMAN: / /
INST VERD
PROCEEDINGS: / / / / / / / /
BONDSMAN:

Qf*> RECEIVED IN' COURT OF CRIMINAL APPEALS 

### SEP 25 2015 AbelAcosia,Clerkh ILLU a 

### TARRANT COUHl^)/ 

# NO. 1002038D IAwar* q^ THE STATEOFTEXAS § INTHE 2^7il5JTJDfciAL 

# v. § districM^^((|fc[ver^ § 

### CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS ORDER WITHDRAWING EXECUTION DATE 

### OnJuly6,2015, thisCourtsigned anOrder Setting Execution directing thatthesentence of death assessed against the Defendant be carried out after 6:00 p.m. on October 28, 2015. On 

### September 21, 2015, the State filed an Unopposed Motion to Withdraw Execution Date. The Court is of the opinion that the State's motion should be GRANTED. It is hereby ORDERED that the Court's July 6, 2015, Order Setting Execution be WITHDRAWN and that the death warrant be RECALLED pursuant to Tex. Code Crim. Proc. 43.141(d) and (e). It is further ORDERED that immediately after entry ofthis Order, the Clerk ofthis Court shall issue and deliver to the SheriffofTarrant County, Texas, a certified copy ofthis Order. The 

### Sheriffof TarrantCounty, Texas, is ORDERED, uponreceipt of a certified copy of this Orderto deliver it to the Director ofthe Institutional Division ofthe Texas Department ofCriminal Justice, Huntsville, Texas, within three business days. 

### SIGNED AND ENTERED THIS *U_ day ofSeptember^

JUDGI 

### 297th Judic>^DTstrict Court TarranK^ounty, Texas

# NO.1002038D lARRANl'cOUNlY THE STATE OF TEXAS § INTHE297*JUDIC1ALPH ,2: 2"' 

# v. § DisTmcT!ctli|^fc-^DtH § CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS STATE'S UNOPPOSED MOTION TO WITHDRAW EXECUTION DATE TO THE HONORABLE JUDGE OF SAID COURT: 

### COMES NOW, the State ofTexas, by and through the Criminal District Attorney 

### of Tarrant County, Texas, and requests this Court to enter an order withdrawing the Defendant's execution date. The following allegations are made in support of this motion: I. On June 23, 2015, the State filed a motion requesting this Court to enter an order 

### setting an execution date in this cause. At a hearing with all parties present on July 6, 2015, the Court signed an order setting an execution date ofOctober 28, 2015. II. The State introduced DNA evidence at the Defendant's trial in this cause. The 

### Texas Forensic Science Commission is in the process of addressing emerging issues 

### involving the calculation of DNA population statistics and DNA mixture interpretation. The State has made written disclosures to counsel for the Defendant, Hilary Sheard, 

### regarding these matters. While the State has no reason to believe that these DNA issues are material to or have any effect on the Defendant's conviction and death sentence, the State believes that a stay of the Defendant's currently scheduled execution should be 1(
- V 

### granted in order to allow the parties to more fully investigate these matters. HI. The State has discussed this motion with Ms. Sheard, and she does not oppose it. 

### The State respectfully requests the Court to enter an order withdrawing its order 

### setting the Defendant's execution date of October 28, 2015, and recalling the death

warrant. Respectfully submitted, SHAREN WILSON Criminal District Attorney Tarrant County, Texas DEBRA WINDSOR Assistant Criminal District Attorney ChiefofPost-conviction


# •NniiAkvjg. )/KO ~) .3\ liW/)vjg yy HELENA F. FAULKNER Assistant Criminal District Attorney State Bar No. 06855600 401 W. Belknap Fort Worth, Texas 76196-0201 (817)884-1685 FAX (817) 884-1672CERTIFICATE OF SERVICE 

### A true copy of the State's motion has been mailed to the Defendant's attorney of 

### record, Hilary Sheard, 7421 Burnet Road #300-512, Austin, Texas, 78757; and Jeremy Greenwell, Assistant Texas Attorney General, Post-conviction Litigation Division, P.O. Box 12548, Austin, Texas, 78711-2548, on September 21, 2015.

HELENA F. FAULKNENO. 100203 8D 

### THE STATE OF TEXAS § IN THE 297th JUDICIAL § V. § DISTRICT COURT OF § CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS ORDER WITHDRAWING EXECUTION DATE 

### OnJuly6,2015, this Courtsigned an OrderSetting Execution directing that the sentence of death assessed against the Defendant be carried out after 6:00 p.m. on October 28, 2015. On September 21, 2015, the State filed an Unopposed Motion to Withdraw Execution Date. The Court is ofthe opinion that the State's motion should be GRANTED. It is hereby ORDERED that the Court's July 6, 2015, Order Setting Execution be WITHDRAWN and that the death warrant be RECALLED pursuant to Tex. Code Crim. PROC. 43.141(d) and (e). It is further ORDERED that immediately after entry ofthis Order, the Clerk ofthis Court shall issue and deliver to the SheriffofTarrant County, Texas, a certified copy ofthis Order. The Sheriff of Tarrant County, Texas, is ORDERED, upon receipt of a certified copy ofthis Order to deliver it to the Director ofthe Institutional Division ofthe Texas Department ofCriminal Justice, Huntsville, Texas, within three business days. SIGNED AND ENTERED THIS day ofSeptember, 2015.

JUDGE PRESIDING 297th Judicial District Court Tarrant County, Texas

# liMI r*D„f.'Lt-0 itA^-r^ar/* SHAREN WILSON 

## Criminal DistrictAttorney ' tf^, ,M ^ „ 

# TarrantCounty DlSTRict f/p!f-^-"ft September 21,2015 Ms. Hilary Sheard 7301 Burnet Road # 300-512 Austin, Texas 78757 

### Re: The State ofTexas v. Christopher Chubasco Wilkins, No. 1002038D State's Disclosure Regarding Dr. Lloyd White Dear Ms. Sheard: 

### Please be advised ofthe following information regarding Dr. Lloyd White, 

### the deputy medical examiner whotestified at Mr. Wilkins' trial in this cause: • Dr. White has not been employed with the Tarrant County Medical Examiner's Office since September 1, 2013. 

### • The Tarrant County Criminal District Attorney's Office no longer sponsors Dr. White as a witness. 

### • The District Attorney's offices in Randall, Wichita, and Denton counties will not sponsor Dr. White as a witness. • Dr. White testified for the defense at a habeas proceeding on February 

### 28 and 29, 2012, in Ex parte Larry Ray Swearingen, cause number 

### 99-11 -06435-CR, in the 9th Judicial District Court of Montgomery County, Texas. On October 1, 2012, the presiding judge entered a writtenfinding of fact that Dr. White's testimony "was not credible." 

### • Dr. White was placedon deferred adjudication onMarch 27, 2007, for the misdemeanor offense ofharassment in cause number 2007-5287-2 

### in the County Court at Law No. 2 ofRandall County, Texas. On June 11, 2008, the court entered an order granting Dr. White's motion for 401 West Belknap • Fort Worth,Texas 76196 • 817.884.1400 

# rAfiSAN?COONrYChristopher Chubasco Wilkins: No. 1002038D Dr. Lloyd White Disclosure Page 2 

### early termination of his deferred adjudication probation, found Dr. White to be not guilty, and dismissed the case against him. 

### • Dr. White had his parental rights terminated in a jury trial in the 

### County Court at Law ofRandall County, Texas, in cause number L3592. The presiding judge signed an Order ofTermination on August 4, 2005, and a Nunc Pro Tunc Order of Termination on August 5, 2005. 

### The Criminal District Attorney's Office neither stipulates nor concedes that the information which is the subject ofthis disclosure would be admissible for any 

### purpose, including impeachment, or that such information would have had any effect on Mr. Wilkins' conviction or death sentence. 

### Sincerely, SHAREN WILSON CRIMINAL DISTRICT ATTORNEY TARRANT COUNTY, TEXAS

HELENA F. FAULKNER 

### Assistant Criminal District Attorney State Bar No. 06855600