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NO. WR-82,828-01

§ IN THE TEXAS COURT 

Ex parte § OF CRIMINAL APPEALS

RODNEY ANDERSON §

§ [Cause No. 09-07-07255 in the

§ 359th 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, Applicant, in the above styled and 

numbered cause, through his attorneys of record, Cynthia E. Orr and Christopher 

M. Griffith, and hereby submits this Request for Reconsideration requesting this 

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

11.07 of 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 held 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

CLERK

 RECEIVED COURT OF CRIMINAL APPEALS 12/22/2015 ABEL ACOSTA, CLERK 
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“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, undersigned counsel spoke with the Clerk’s Office 

of this Honorable Court. Counsel was informed that the October 19, 2015 

Supplemental Clerk’s Record filing had notations that it contained the eight 

volume Reporter’s Record, 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, 2015 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 counsel had planned.
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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 Applicant’s counsel to file their objections to the district 

court’s findings of fact and conclusions of law, 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.

29th 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

210-229-1445 facsimile 
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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