Opinion

Brown, Richard Jr.

Court
Court of Appeals of Texas
Filed
Mar 27, 2015
Status
Published
Cited by
0 cases

The opinion

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JUDGE AMBER GIVENS-DAVIS

282nd JUDICIAL DISTRICT COURT

Frank Crowley Courts Building

FELICIA SMITH 133 N. Riverfront Blvd., LB-32 PATRICIA HOLT

Court Coordinator Dallas, Texas 75207-4399 Court Reporter

214-653-5852 (214) 653-5852 214-653-5853

March 24, 2015

Honorable Judges of the Court of Criminal Appeals COURTOF CRIMINAL APPEALS

Court of Criminal Appeals MAR 2? 2015

P.O. Box 12308, Capital Station

Austin, Texas 78711

Ab@flAcosta, Clerk

RE: The State ofTexas vs. RichardBrown, Jr.

Cause No. F06-62942-S; CCANos. WR-72,337-03 and WR-72,337-04

To the Honorable Judges of the Court of Criminal Appeals:

The purpose of this letter is to respond to this Court's Order of December

17, 2014. This Court's order required the Judge of the 282nd Judicial District

Court to file responses with this Court stating whether Relator filed the motions to

compel regarding the sheriff and the medical records and whether Relator filed the

motion to compel regarding the district clerk and the habeas pleadings.

Additionally, this Court ordered the Judge of the 282nd Judicial District Court to

indicate if those motions were properly filed and whether the Court had ruled on

those motions.

In response to this Order, the Respondent Judge of the 282n Judicial

District Court took office on January 1, 2015, and first became aware of this

Court's December 17, 2014, order the week of March 16th, 2015. As soon as the

Respondent Court became aware of this Court's Order it worked diligently to

resolve the issues in the order. During its research, Respondent Judge determined

that Relator has filed the motions to compel directed to the Sheriff and the District

Clerk regarding the medical records and the habeas pleadings. These motions

were properly filed with the District Clerk's office and they appear on the onBase

system, which is the digital records system in Dallas County. The Respondent

Court ruled on the Relator's motions on March 20, 2015. (A copy of said order is

attached hereto to this response).

JUDGE AMBER GIVEIVS-DAVIS

282nd JUDICIAL DISTRICT COURT

Frank Crowley Courts Building

FELICIA SMITH 133 N. Riverfront Blvd., LB-32 PATRICIA HOLT

Court Coordinator Dallas, Texas 75207-4399 Court Reporter

214-653-5852 (214) 653-5852 214-653-5853

The Respondent Court further found that Relator filed a pro se motion for

DNA testing on July 17, 2014. The Respondent Judge has also ruled on said

motion. Should you require any additional information regarding this matter,

please feel free to contact me.

Sincerely,

Judge Amber Givens-Davis

282nd Judicial District Court

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CAUSE NO. F06-62942-US

WRIT NO. W06-62942-S(B)

THE STATE OF TEXAS IN THE 282ND JUDICIAL

V. DISTRICT COURT

RICHARD BROWN, JR. DALLAS COUNTY, TEXAS

ORDER

The defendant, Richard Brown, Jr., has filed numerous pro se motions with

the Court. Having reviewed the motions the Court now makes the following

rulings:

Defendant's Motion to Compel filed September 30, 2013, is DENIED.

Defendant's Motion to Compel filed December 27, 2013, is DENIED.

Defendant's Motion to Compel filed April 22, 2014, is DENIED.

Defendant's Motion for Appointment of Counsel Under Chapter 64.01

Texas Code of Criminal Procedure is GRANTED and the Court appoints Julie

Doucet, Dallas County Public Defenders Office, to represent the defendant on his

motion for forensic DNA testing. The District Clerk is ordered to forward a copy

of defendant's motion for DNA testing to the said Julie Doucet.

Defendant's Second Motion to Compel filed October 24, 2014 is

GRANTED and the Dallas County District Clerk's Office is hereby ORDERED

to forward to the defendant, Richard Brown, Jr., TDCJ #1387146, Michael Unit,

2664 FM 2054, Tennessee Colony, Texas 75886 copies of the affidavits of trial

counsel and appellate counsel, if any, filed in Writ No. W06-62942-S(B) along

with the trial court's findings in said writ.

The Clerk of this Court is ORDERED forward a copy of this order to the

defendant, Richard Brown, Jr., TDCJ #1387146, Michael Unit, 2664 FM 2054,

Tennessee Colony, Texas 75886, and to Julie Doucet, Dallas County Public

Defenders Office.

SIGNED this 1-V day ofMarch, 2015.

AMBER GIVENS-DAVIS, JUDGE

282nd JUDICIAL DISTRICT COURT

DALLAS COUNTY, TEXAS

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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