Mona Natemeyer Court Coordinator DENISE COLLINS Judge, 208th District Court 1201 Franklin Houston, Texas 77002

In the Court ofCriminal Appeals at Austin
Writ No. WR-75-780-02 No. 1087429-B In the 208th District Court

ofHarris County, Texas 

### Ex parte Kurt Andre Miles 

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(713)755-6374 Fax:(713)368-9219

RECEIVED IN COURT OF CRIMINALAPPEALS JUN 18 2015 

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Trial Court's Request for Extension To Supplement Habeas Record on Remand


### The 208th District Court ofHarris County, Texas, moves the Honorable Court 

### ofCriminal Appeals to grant a first extension oftime to comply with its remand order 

### (dated March 18, 2015) to conduct factual investigation for theinstant application for writ of habeas corpus in the above-captioned cause and will show the following in support thereof:


### On March 28, 2013, habeas counsel George Parnham filed an application for 

### writ ofhabeas corpus incause number 1087429-B onbehalfof theapplicant. TheMona Natemeyer Court Coordinator DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 770O2 (713)755-6374 Fax:(713)368-9219



### State was served with the application on May 8, 2013. On May 23, 2013, the State filed
a motion requesting designation of issues in cause number 1087429-B. On June 4, 2013, this Court entered an order designating issues needing to be resolved in cause
number 1087429-B. 

### On April 21, 2014, the State filed an answer and proposed order designating issues and for filing affidavitin cause number 1087429-B. On May 30, 2014, this Court entered an order designating issues needing to be resolved in cause number 1087429-B 

### and ordering trial counsel Wilfred Anderson submit an affidavit concerning his representation ofthe applicant. 

### On October 29, 2014, the State filed proposed findings and conclusions oflaw in cause number 1087429-B. On January 30, 2015, this Court entered findings offact
and conclusions oflaw in cause number 1087429-B. On March 18, 2015, the Court ofCriminal Appeals issued an unpublished order 

### remanding the instant cause to this Court in writ number WR-75,780-02 and ordering that this Court resolve factual issues by, among many options, obtaining affidavits or 

### conductinganevidentiary hearing to address the applicant's factual claims ofineffectiveMona Natemeyer Court Coordinator DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219



### assistance of counsel in trial. Exparte Miles, No. WR-75,780-02 (Tex. Crim. App. March 18, 2015). The Court ofCriminal Appeals' remand order required the trialcourt 

### to resolve factual issues byJune 16,2015,and supplement the habeas record byJuly 16,
2015. On April 24, 2015, the State filed amotion requesting order for filing affidavit in

cause number 1087429-B. On this same date, this Court entered an order for trial 

### counsel WilfredAnderson to againfile an affidavit concerning his representation ofthe applicant. Unforeseen flooding in Houston in lateMay, difficulty locating the appellate record, and family circumstances lead to a delay in the receipt of Mr. Anderson's affidavit. Mr. Anderson's affidavit was received on June 10, 2015. Additionally, the State has requested medical records from severalfacilities where the applicant may have received mental health treatment in 2004, in order to address the factual issues delineated in the Court ofCriminal Appeals' remand order. These records are not yet available for review. Upon receipt and review of these items, this Court will enter 

### findings offact as ordered by the Court ofCriminalAppeals.
II.Mona Natemeyer Court Coordinator DENISE COLLINS Judge, 208th District Court 1201 Frankun Houston, Texas 77002 (713)755-6374 Fax:(713)368-9219



### THEREFORE, this Court respectfully requests a sixty (60) day extension of time, to resolve factual issues, enter findings of fact, and supplement the habeas 

### transcript with the findings of fact, affidavits, and other documentation necessary to resolve factual issues and to forward such habeas transcript to the Court of Criminal Appeals in writ numberWR-75,780-02.
III. WHEREFORE, PREMISES CONSIDERED, this Court respectfully requests 

### that the Court of Criminal Appeals allow an additional sixty (60) days, to fully comply with its order in writ number WR-75,864-03.

SIGNED this



### PRESIDINGJUDGE, 208TM DISTRICT COURT HARRIS COUNTY, TEXAS