Court of Criminal Appeals Cause No. _______________________

IN THE COURT OF CRIMINAL APP EALS

OF TEXAS

EX PARTE ADAM REPOSA, APPLICANT

On a Judgement of Criminal Contempt in cause numbe r C

- 1

- CR

- 17

- 100018 in the County Court at Law No. 5 of Travis County, Texas



### APPLICANT'S AMENDED EMERGENCY MOTION FOR STAY AND/OR MOTION FOR BOND PENDING THE FILING OF WRIT OF HABEAS CORPUS Submitted by: Carissa L. Beene SBN: 24071967 215 W. University Avenue Georgetown, TX 78626 512

- 850

- 0555 512

- 354

- 7416 (fax) cbeene@defendtx.com WR-86,973-03 COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS Transmitted 10/6/2017 4:24 PM Accepted 10/6/2017 4:31 PM DEANA WILLIAMSON

CLERKTO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS :

COMES NOW, Adam Reposa, Applicant, by and through Carissa L. Beene, his attorney of record, and files this Applicant's Emergency Motion for Stay and/or Motion for Bond Pending the Filing of Wr it of Habeas Corpus, and would respectfully show the Court the following:

I. Applicant, Adam Reposa, is an attorney licensed to practice law in the State of Texas. On September 11, 2 017, Judge Paul Davis, sitting by assignment in Travis County as a contempt court, heard evidence on a contempt complaint against Applicant

. On September 20, 2017 , the contempt court issues findings of contempt and sentenced Applicant to six months incarceration,

to commence o n September 29, 2017. On motion of the A p plicant the contempt court hearing stayed execution of the sentence until it could consider Applicant’s bond request on October 2, 2017. The contempt court has now denied Applicant a personal or surety bond pendi ng post

conviction proceedings on the order of contempt and the sentence. Attached as Appendix A is a copy of the amended judgment of contempt.

II.

The State opposes this motion.

III. Applicant intends to invoke this Court's original writ jurisdiction and file a writ of habeas corpus challenging the judgment of contempt made in the court below. Applicant believes that the judgment of contempt is void , Ex parte Amaya , 748 S.W.2d 224, 224 (Tex. 1988) , and that subsequent punishment by Judge Davis is unlawful . However, Applicant is unable to file a writ of habeas corpus immediately because the record ca nnot be obtained immediately. Therefore, inorder to maintain the status quo ante and to ensure that Applicant's request for relief is not

rendered moot, Applicant respectfully requests that this Court, as it sees fit, either stay the execution of the judgment of contempt, set a bond for Mr. Reposa, or both pending the outcome of the writ proceedings. In the event that this Court sets a bond, Applicant also requests that this Court grant him release on personal bond, as an officer of the court. In the event that Applicant is not successful in ultimately obta ining relief, there will be time enough to serve his sentence at a

later date. WHEREFORE, PREMISES CONSIDERED, Applicant respectfully moves this court to stay the judgment of contempt in the court below and/or set a bond, and to grant personal bond pending future habeas proceedings. Respectfully submitted,

____________________________________ Carissa Beene Attorney for Applicant SBN: 24071967 215 W. University Ave. Georgetown, TX 78626

C ERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Emergency Motion for Stay and/or Motion for Bond pending the filing of Writ of Habeas Corpus was served upo n the attorn ey for the State on October 6, 2017

.

____________________________________ Carissa Beene