NO. 03-15-00105-CR 

IN THE 

COURT OF APPEALS 

THIRD DISTRICT 

JUSTIN MURPHY, 

Appellant, 

v.j 

THE STATE OF TEXAS, 

Appellee, 

On Appeal from the County Court at Law Number 3 of Travis County, Texas 

C-l-CR-07-200104, 

APPELLANT'S RESPONSE TO STATE'S RESPONSE TO MOTION FOR 

REHEARING AND REQUEST FOR FURTHER HEARINGS IN THE 

TRIAL COURT 

ACCEPTED

03-15-00105-CR

6115073

THIRD COURT OF APPEALS

AUSTIN, TEXAS

7/17/2015 1:03:20 PM

JEFFREY D. KYLE

CLERK

 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/17/2015 1:03:20 PM JEFFREY D. KYLE Clerk
TO THE HONORABLE JUSTICES OF THE THIRD COURT OF 

APPEALS: 

This case is completely upside down by the lack of organizational 

communication or lack of candor on the part of the Travis County Attorney's 

Office. 

STATEMENT OF FACTS 

1. On May 11**^ and 19, 2014 the Honorable Jon Wisser heard testimony 

relating to the instant matter. On August 28' 2015 he signed his findings. 

No copy or notice was given to Petitioner or his Counsel. A second writ of 

habeas corpus was filed to restore the right of appeal. 

2. The State of Texas represented by Barbara Rowan took no position 

and stood silent as to whether the right of appeal should be restored as is 

reflected in the order. On January 26, 2015 the Honorable Jon Wisser 

granted relief The State of Texas then filed an objection in the form of a 

motion to dismiss appeal on April 3, 2015 after their time to complain on 

appeal about the relief granted in the Second Writ of Habeas Corpus had 

run. Put another way, the State's argument that the relief sought was not 

authorized by statute should have been argued in court and then on appeal by 

the State of Texas through their filing of a notice of appeal, rather than a 

motion to dismiss for lack of jurisdiction. The State of Texas is untimely in 

seeking to litigate the validity of the trial court's ruling. As has been noted, 

the Court of Appeals lacks jurisdiction to entertain any matter absent a 

timely filed notice of appeal. 

3. A writ of habeas corpus is the proper procedural vehicle to re-instate 

the right of appeal after the 30 day time period has run. Ex parte Clifton 

Axel, Jr.. 151 S.W.2d 369 (Tex.Crim.App 1988). 
4. If there is merit to the contention that the order is void because the 

Court's staff failed to remit the order to the Travis County Clerk to be 

stamped, then this matter should be remanded to the trial court for further 

proceedings since no legal order is properly before the Court of Appeals. If 

the State of Texas is correct, this Court is not yet in a position to rule on 

whether the Trial Court can or can not restore appeal rights through a writ of 

habeas corpus. 

PRAYER 

Wherefore, Justin Murphy, for the reasons stated herein, requests that the Court 

find that the Motion to Dismiss was improvidently ruled upon. Or, in the 

alternative, remands this back to the trial court to properly reduce to writing and 

file the order conforming to the ruling of the court. 

Respectfully Submitted, 

Adam^ing Blackwell Reposa 

SEN 24040163 

1106 San Antonio 

Austin, Texas 78701 

512-477-7376 

512-478-1114 fax 

CERTIFICATE OF SERVICE 

This is to certify that I have served a copy of the foregoing on all parties, or their 

attorneys of record, in compliance with the Texas Rules of Appellate Procedure, 

this 17^*^ day of July, 2015, by fax and email delivery. 

Adam King Blackwell Reposa