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NO. AP-77,047 

IN THE 

COURT OF CRIMINAL APPEALS 

OF TEXAS 

________________________________ 

KENNETH WAYNE THOMAS, 

 Appellant 

v.

THE STATE OF TEXAS, 

 Appellee 

________________________________ 

STATE’S FIRST MOTION TO EXTEND THE TIME TO FILE BRIEF

________________________________ 

TO THE HONORABLE COURT OF CRIMINAL APPEALS: 

THE STATE OF TEXAS, by and through the Criminal District Attorney of 

Dallas County, respectfully requests that the time for filing its brief in this cause be 

extended. In support of this motion, the State would show the following: 

I.

Appellant is confined pursuant to the judgment and sentence of the 194th 

Judicial District Court of Dallas County, convicting him of the capital murder of 

Mildred Finch. On July 23, 2014, the jury answered the special issues so as to 

support the imposition of a death sentence, and the trial court sentenced him to 

AP-77,047

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 7/16/2015 11:53:02 AM

Accepted 7/16/2015 11:57:19 AM

ABEL ACOSTA

CLERK
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death. Appeal to this Court is automatic. After requesting three extensions, 

Appellant’s brief was filed on June 22, 2015. The deadline for filing the State’s 

brief is July 22, 2015. The State has requested no previous extensions in this case. 

II.

The State respectfully requests that the Court extend the deadline for the 

filing of the State’s brief for 120 days, until November 19, 2015. 

III.

The State would show the Court that a reasonable explanation exists for the 

requested 120-day extension. The undersigned counsel manages an extensive 

capital and non-capital docket. Since the reporter’s record was filed in this case, 

the undersigned has been responsible for the following: 

- Preparing, researching, and drafting the State’s brief in a death 

penalty case, Matthew Lee Johnson v. State of Texas (filed 

December 29, 2014);

- Preparing, researching, and presenting oral argument in the Court 

of Criminal Appeals in a death penalty case, Matthew Lee Johnson 

v. The State of Texas (March 18, 2015); 

- Preparing and filing the State’s Proposed Findings of Fact and 

Conclusions of Law in Ex parte James Berkeley Harbin;

- Preparing and filing the State’s Objections to the Trial Court’s 
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Findings of Fact and Conclusions of Law in Ex parte James 

Berkeley Harbin;

- Preparing and filing the State’s Motion for Rehearing in Ex parte 

James Berkeley Harbin;

- Preparing and appearing to present evidence in Ex parte Anthony 

Eugene Johnson;

- Preparing and filing the State’s Proposed Findings of Fact and 

Conclusions of Law in Ex parte Anthony Eugene Johnson; 

- Preparing and filing the State’s Objections to the Trial Court’s 

Findings of Fact and Conclusions of Law in Ex parte Anthony 

Eugene Johnson;

- Extensive investigation and research into case in connection with 

potential post-conviction litigation; 

- Preparing and appearing for multiple hearings in connection with 

Appellant Kenneth Thomas’s initial application for writ of habeas 

corpus;

- Researching and preparing to assist in presentation of workshop at 

an Actual Innocence seminar; 

- Drafting and filing the State’s response to numerous non-capital 

applications for writs of habeas corpus; and, 
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- Drafting and filing the State’s Proposed Findings of Fact and 

Conclusions of Law in connection with multiple non-capital 

applications for writs of habeas corpus. 

Since Appellant’s brief was filed, the undersigned has been responsible for 

the following: 

- Preparing the State’s trial file for open file review in a death 

penalty case, Ex parte Matthew Lee Johnson (on-going); 

- Preparing to present a workshop at the upcoming Crimes Against 

Children Conference; 

- Preparing and appearing to present evidence in Ex parte Octavio 

Gonzalez; 

- Preparing and filing the State’s response to seven non-capital 

applications for writs of habeas corpus; and, 

- Preparing and filing the State’s Proposed Findings of Fact and 

Conclusions of Law in connection with 3 non-capital applications 

for writs of habeas corpus. 

The undersigned was also out of the office for several days following 

the death of a close family member on June 19, 2015. 

In the upcoming months, the undersigned is responsible for the following: 
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- Preparing and filing the State’s brief in a capital case wherein the 

State did not seek the death penalty, William Gerard Palmer v. The 

State of Texas; 

- Preparing and appearing to present evidence in connection with the 

following non-capital applications for writs of habeas corpus: 

 Ex parte Adolfo Maturino; 

 Ex parte Daniel Perez (two dates); 

 Ex parte Kevin Stern; 

 Ex parte Jerrell Dittman; 

 Ex parte Carlos Norris; 

 Ex parte Candelario Holguin; and,

 Ex parte Andrew Roark; 

- Preparing and filing the State’s response to non-capital 

applications for writs of habeas corpus; 

- Preparing and filing the State’s Proposed Findings of Fact and 

Conclusions of Law in connection with non-capital applications for 

writs of habeas corpus; and, 

- Drafting and filing the State’s Response to application for writ of 

habeas corpus in a death penalty case, Ex parte Matthew Lee 

Johnson. 
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IV.

Appellant has filed a 160-page brief presenting 67 issues for review 

regarding the pre-trial phase (which included a competency trial) and the 

punishment phase. The reporter’s record consists of 72 volumes. Appellant raises 

36 issues regarding the selecting and seating of the jury, therefore a review of the 

entire voir dire record is required in addition to review of the competency trial and 

trial on punishment. 

V.

For all of the foregoing reasons, counsel respectfully requests that the Court

extend the deadline for filing the State’s brief until November 19, 2015 (120 

days). 

WHEREFORE, PREMISES CONSIDERED, the State respectfully requests 

that the Court extend the deadline for filing the State’s brief until November 19, 

2015 (120 days). 
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Respectfully submitted,

Susan Hawk Christine Womble

Criminal District Attorney Assistant District Attorney

Dallas County State Bar No. 24035991

Frank Crowley Courts Bldg

133 N. Riverfront Blvd., LB-19

Dallas, Texas 75207-4399

(214) 653-3625 phone

(214) 653-3643 fax

CWomble@dallascounty.org

CERTIFICATE OF SERVICE

I certify that a true copy of this motion was served on John Tatum, counsel 

for Appellant, 990 South Sherman Street, Richardson, Texas, 75081, via email and 

e-service on July 16, 2015. 

Christine Womble