1 NO. WR

- 82,828

- 01
§ IN THE TEXAS COURT Ex parte § OF CRIMINAL APPEALS RODNEY ANDERSON § § [Cause No. 09

- 07

- 07255 in the § 359 th Judicial District Court § Montgomery County, Texas]

REQUEST FOR RECONSIDERATION [DENIAL WRIT OF HABEAS CORPUS]

TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS :
NOW COMES Rodney Young Anderson, Appl icant , in the above styled and
numbered cause, through his attorneys of record, Cynthia E. Orr and Christopher

M. Griffith, and hereby submit s this Request for Reconsideration re questing this

Honorable Court move to reconsider his Writ of Habeas Corpus
, under Article

11.07 o f the Code of Criminal Procedure , and would show the following in

support :

1. This Honorable Court denied Applicant’s Writ, without written order on the
findings of the Trial Court, on December 9, 2015.

2. On this Court’s Order, an evidentiary hearing was held on May 27 and
August 21, 2015. Additionally, counsel for Applicant and the State and the

Trial Court hel d a conference by telephone on August 18, 2015.

3. The electronic docket sheet shows that a supplemental clerk’s record was
filed on September 22, 2015 and again on October 19, 2015. None of the WR-82,828-01 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 12/22/2015 2:29:00 PM Accepted 12/22/2015 2:41:11 PM

ABEL ACOSTA CLERK2 “case events” on the electronic docket sheet notate a reporter’s record of the
evidentiary hearing ordered by this Honorable Court being filed.

4. On December 16, 2015, unde rsigned counsel spoke with the Clerk’s O ffice

of this Honorable Court. Counsel was informed that the October 1 9, 2015
Supplemental Clerk’s R ecord fili ng had notations that it contained the eight

vol ume Reporter’s R ecord , including exhibits, and consisted of 415 pages.

5. The transcript of the evidentiary hearing undersigned counsel now possesses

alone comprises 402 pages without the exhibits offered during the hearing or
the Master Index of the proceedings. While undersigned counsel is unsure of
the exact total page length of exhibits offered in the evidentiary hearing, the
exhibits were voluminous and comprised much more than 13 pages.

6. Due to the apparent discrepancy in page numbers , undersigned counsel is
unsure this Honorable Court had the benefit of having the entire Reporter’s
Record available prior to the Court making their decision and humbly ask

this Honorable Court to reconsider their December 9, 20 15 decision on their

own motion.

7. Should this Honorable Court move, upon its own motion, to reconsider
Applicant’s Writ of Habeas Corpus, undersigned counsel will supplement
their Objections to the Trial Court’s Findings of Fact and Conclusions of

Law , and citing to the appropriate record reference, as co unsel had planned.3 WHEREFORE PREMISES CONSIDERED, Applicant requests, should
he and undersigned counsel be correct that this Court did not have the benefit of
the entire Reporter’s Record of the evidentiary hearing, that this Honorable Court

move , on its own motion
, and reconsider the December 9, 2015 denial of his Writ
of Habeas Corpus ; allow Applican t ’ s counsel to file their objections to the district

court ’ s findings of fact and conclusions of l aw, citing the record reference; and
verify that both this Honorable Court and Applicant ’ s counsel have the complete
supplemental record

. Respectfully Submitted,

CYNTHIA E. ORR Bar No. 15313350 GOLDSTEIN, GOLDSTEIN & HILLEY 310 S. St. Mary’s St. 29 th Fl. Tower Life Bldg. San Antonio, Texas 78205 whitecollarlaw@gmail.com 210

- 226

- 1463 phone 210

- 226

- 8367 facsimile

CHRISTOPHER M. GRIFFITH Bar No. 24069072 LAW OFFICE OF CHRISTOPHER M

. GRIFFITH 310 S. St. Mary’s St., Ste. 1215 San Antonio, Texas 78205 cmarkgriffith@gmail.com 210

- 229

- 1444 phone 210

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- 1445 facsimile4 By:_ /s/Cynthia E. Orr

________________ CYNTHIA E. ORR
Attorneys for Applicant, RODNEY ANDERSON

CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the above foregoing Request

for Reconsideration has been electronically delivered to Assistant District Attorney

Bill Delmore of the Montgomery County District Attorney’s Office as a member

of e

- File Texas
, electronic filing system

.

By:_ /s/Cynthia E. Orr

________________ CYNTHIA E. ORR