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

COURT: D2 97 TRANSFER COURT:

CHOV: / / I/O:

HEARD:

COUNTY:

CHARGE OFFENSE: 099920 CAPITAL MURDER DATE: 10/28/05 LSR INC:

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,Clerk
h ILLU a

TARRANT COUHl^)/ NO. 1002038D IA war* q^

THE STATE OF TEXAS § IN THE 2^7il5 JTJDfciAL

v. § districM^^((|fc[ver^

§

CHRISTOPHER CHUBASCO WILKINS § TARRANT COUNTY, TEXAS

ORDER WITHDRAWING EXECUTION DATE

OnJuly6,2015, thisCourtsigned anOrder Setting Execution directing thatthe 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 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WITHDRAWN and that the death warrant be RECALLED pursuant to Tex.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, upon receipt 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'cOUNl Y

THE STATE OF TEXAS § IN THE 297* 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 of Texas, 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 of October 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

Chief ofPost-conviction

)/KO ~) •.3\ NniiAkvjg. 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) 884-1672
CERTIFICATE 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. FAULKNE
NO. 1002038D

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 Sheriff ofTarrant 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 of September, 2015.

JUDGE PRESIDING

297th Judicial District Court

Tarrant County, Texas
liMI r*D„f.'Lt-0 itA^-r^ar/*

SHAREN WILSON

Criminal District Attorney ' tf^, ,M ^ „ Tarrant County 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 of the following information regarding Dr. Lloyd White,

the deputy medical examiner who testified 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

written finding of fact that Dr. White's testimony "was not credible."

• Dr. White was placedon deferred adjudication on March 27, 2007, for

the misdemeanor offense of harassment 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?COONrY
Christopher 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 of Randall 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