Volume I ofI

SUPPLEMENTAL TRANSCRIPT

Trial Court No. D-1-DC-12-904028-B

In the 390TH Judicial District Court ofTravis County, Texas,

Honorable JULIE KOCUREK,

Judge Presiding.

Ex Parte: KEITH TAYLOR, Applicant

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APPLICATION FOR POST CONVICTION WRIT OF HABEAS CORPUS transmitted to the

Court ofCriminal Appeals for the State ofTexas, at Austin, Texas.

RECEIVED M

COURT OF CRIMINAL APPEALS

Attorney for Applicant

prose JUN 252015

Attorney for State:

MR. ROSEMARY LEHMBERG, District Attorney

Travis County, Texas

P.O. Box 1748

Austin, Texas 78767

ppeals for the State ofTexas, at Austin, Texas, on the

VELVA L. PRICE

District Clerk, Travis County, Texas

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eputy

Court ofCriminal Appeals No.

FILED in the Court ofCriminal Appeals for the State ofTexas, at Austin, Texas, this

day of , .

ABEL ACOSTA, Clerk

By: , Deputy
Index

CAPTION 1

TRIAL COURT'S REQUEST FOR EXTENSION OF TIME TO PREPARE

FINDING OF FACTS AND CONCLUSIONS OF LAW AND TO FORWARD SAID

FINDINGS AND CONCLUSIONS ALONG WITH SUPPLEMENTAL RECORD 2

CLERK'S RECORD CERTIFICATE 6
THE STATE OF TEXAS

COUNTY OF TRAVIS

CAPTION

In the 390TH JUDICIAL DISTRICT COURT ofTravis County, Texas, the

Honorable JULIE KOCUREK, Judge Presiding, the following proceedings were held

and the following instruments and other papers were filed in this cause, to-wit:

Trial Court Cause Number: D-1-DC-12-904028-B

THE STATE OF TEXAS IN THE 390TH JUDICIAL DISTRICT

COURT

VS. OF

KEITH TAYLOR TRAVIS COUNTY, TEXAS

APPLICATION FOR POST CONVICTIN WRIT OF HABEAS CORPUS

0000 1
EX PARTE

KEITH TAYLOR

NO. WR-79,497-05 & 79,497-06

IN THE

COURT OF CRIMINAL APPEALS

FOR THE STATE OF TEXAS

§

§

§

IN THE DISTRICT COURT

OF TRAVIS COUNTY, TEXAS

390TM DISTRICT COURT

D1DC 11-300144 &DIDC 12-904028-B

TRIAL COURT'S REQUEST FOR EXTENSION OF TIME TO PREPARE

FINDING OF FACTS AND CONCLUSIONS OF LAW AND TO FORWARD SATO

FINDINGS AND CONCLUSIONS ALONG WITH SUPPLEMENTAL RECORD

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

The 390th Judicial DistrictCourt ofTravisCounty respectfullymoves for an extension

of timeto complywith this Court's order to preparefindings offact and conclusions of law

regarding the claimsraisedin Applicant's writ application and, in accordance with Tex. R.

App. Proc. 10.5(b),the trial court submits the following:

(a) Applicant pled to the offense ofaggravated robbery and solicitationto commit

capital murder on April 27,2012.

(b) On December 4,2014, the Applicant filed an Application for a Writ ofHabeas

Corpus. He subsequently amended his Application on March 30,2015.

(c) This Court issued an order on March 25,2015 remanding the instantmatterto

1

V«lva LTrlce, District Clfrtr

Filed In j

of Trav

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the trial court in order to allow the trial court to prepare findings offact and

conclusions oflaw regarding the claims raised in Applicant's writ application.

(d) The order issued by this Court directed the trial court to resolve the fact issues

related to the Applicant's claim by June 23,2015. This Court further ordered

the trial court to forward,to this Court,a supplemental transcript containing all

affidavits and interrogatories or the transcription ofthe court reporter's notes

from any hearing or disposition, along with the trial court's supplemental

findings offact and conclusions oflaw by July 23,2013.

(e) This request is for an extension of 60 days to prepare findings of fact and

conclusions oflaw regarding the claims raised in Applicant's writ application

and to forward, to this Court, a supplementaltranscript containing all affidavits

and interrogatories or the transcription ofthe court reporter's notes from any

hearing or disposition, along with the trial court's supplemental finds offact

and conclusions oflaw.

(f) The number ofprevious extensions oftime granted to prepare findings offact

and conclusions of law regarding the claims raised in Applicant's writ

application is: none.

(g) The trial court relies upon the following facts to reasonably explain the need

for an extension oftime:

1. The merits ofthis Application are still under investigation.

2. Given the age ofthis matter, attempts remain ongoing to find and interview

000003
witnesses withinformation relevanttotheapplication with particular emphasis

on addressing Applicant's claim ofineffective assistance ofcounsel for trial

counsel's failure to investigate whether Applicant could have relied on the

promiscuity defense available underTexasPenalCode22.011(d)(1) atthetime

the offense was committed.

3. This request is not made for the purpose of delay, but to ensure that the

Courthas a properresponse to aid in thejust disposition ofthe above cause.

WHEREFORE, PREMISES CONSIDERED, the trial court respectfully requests an

extension oftime to the Honorable Clifford Brown to the trial court to resolve the fact issues

related to the Applicant's claim until August 22, 2015. The trial court further requests an

extension oftime to forward, tothisCourt, a supplemental transcript containing allaffidavits

and interrogatories or the transcription of the courtreporter's notes from any hearing or

disposition, alongwiththe trialcourt's supplemental findings offactandconclusions oflaw

until September 21, 2015.

Respectfully submitted,

hxDfoO-^thJudge Julie Kocurek,

390* District Court

Travis County, Texas

000004
CERTIFICATE OF SERVICE

This is to certify that a trueand correct copyof thismotion is being served by U.S.

mail, electronic mail, facsimile or by hand-delivery, to Travis County Assistant District

Attorney Kathryn Scales and to the Applicant at:

Keith Taylor

M.S.U.

Rusk State Hospital

P.O.Box318

Rusk, TX 75785

M luM, LkJJT*

jdge Julie Kocurek,

1190th District Court

Travis County, Texas

000005
CLERK'S RECORD CERTIFICATE

THE STATE OF TEXAS

COUNTY OF TRAVIS

I, VELVA L. PRICE, Clerk ofthe District Courts of Travis County,Texas, do

hereby certify that the documents contained in this record to which this certifications

is attached are all ofthe documents specified by Texas Rule of Appellate Procedure

34.5 (a) and all other documents timely requested by a party to this proceeding

under Texas Rule ofAppellate Procedure 34.5 (b).

GIVEN UNDER MY HAND A

Travis County, Texas, this the C

urt at Office^npHustin,

VELVA L. PRICE

District Clerk, Travis County, Texas

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