# Lasker, Dominique Dontae > Court of Appeals of Texas · May 1, 2015 URL: https://www.frixlaw.com/law-library/cases/4055028 ## Case - **Court:** Court of Appeals of Texas - **Decided:** May 1, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4055028 ## Opinion text WR-83,219-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 4/29/2015 11:24:25 AM Accepted 5/1/2015 8:22:18 AM NO. _____________ ABEL ACOSTA CLERK IN RE § IN THE RECEIVED § COURT OF CRIMINAL APPEALS DOMINIQUE DONTAE LASKER, § COURT OF CRIMINAL5/1/2015 APPEALS ABEL ACOSTA, CLERK § RELATOR § FOR THE STATE OF TEXAS APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS TO THE HONORABLE JUSTICES OF SAID COURT: NOW COMES DOMINIQUE DONTAE LASKER, Petitioner, by and through his court-appointed counsel, and asks the Court to file the attached Petition for Writ of Mandamus and would show the Court the following: This is an extraordinary case that requires the Court of Criminal Appeals to exercise original jurisdiction because Petitioner has no adequate remedy at law. It involves ministerial acts only, and the Petitioner has been unsuccessful in obtaining relief from the trial judge and the First Court of Appeals. Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By /s/Frank Blazek Frank Blazek State Bar No. 02475500 APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Application for Leave to File Petition for Writ of Mandamus has been forwarded to opposing counsel on this the 29th day of April, 2014, by U.S. Mail, postage prepaid, addressed as follows: Elton Mathis Criminal District Attorney 642 12th Street Hempstead, Texas 77445 /s/Frank Blazek Frank Blazek APPLICATION FOR LEAVE TO FILE PETITION FOR WRIT OF MANDAMUS PAGE 2 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Application for Leave to File Petition for Writ of Mandamus.wpd NO. _________ ____________________ IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS ____________________ IN RE DOMINIQUE DONTAE LASKER, Relator ____________________ PETITION FOR WRIT OF MANDAMUS Frank Blazek State Bar No. 02475500 SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. ORAL ARGUMENT REQUESTED 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] frankblazek@smithermartin.com William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com ATTORNEYS FOR RELATOR Identity of Parties and Counsel The following is a list of all parties and all counsel in this matter: Relator in this matter is DOMINIQUE DONTAE LASKER, and is Defendant in the underlying cases described below. The attorneys representing Relator are: Frank Blazek William F. Carter SMITHER, MARTIN, 108 E. William J. Bryan Parkway HENDERSON & BLAZEK, P.C. Bryan, Texas 77803-5334 1414 11th Street Huntsville, Texas 77340 Respondent in this matter is the Honorable Albert M. McCaig, Jr., Judge of the 506th Judicial District Court of Waller County, Texas. The real party in interest in this case is THE STATE OF TEXAS represented by counsel as indicated: Elton R. Mathis Criminal District Attorney Waller County 645 12th Street Hempstead, Texas 77445 PETITION FOR WRIT OF MANDAMUS PAGE ii C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Table of Contents Identity of Parties and Counsel. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ii Index of Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . iv Statement of the Case. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Statement of Jurisdiction. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Statement of Issue Presented. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Statement of Facts. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Argument and Authorities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Prayer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Certification. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 Certificate of Service.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Appendix . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 PETITION FOR WRIT OF MANDAMUS PAGE iii C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Index of Authorities Alabama v. Bozeman, 533 U.S. 146, 121 S.Ct. 2079 (2001). . . . . . . . . . . . . . 10 Bryant v. State, 819 S.W.2d 927 (Tex. App.–Houston [14th Dist.] 1991, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Burton v. State, 805 S.W.2d 564 (Tex. App.–Dallas 1991, pet. ref'd). . . . . . . . 7 Culer v. Adams, 449 U.S. 433, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981). . . . . 1 Engle v. Coker, 820 S.W.2d 247 (Tex. App.–Beaumont 1991). . . . . . . . . . . 3, 9 Fex v. Michigan, 507 U.S. 43, 113 S.Ct. 1085 (1993).. . . . . . . . . . . . . . . . . . . 8 Huff v. State, No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio, April 8, 2015). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 In re Dacus, 337 S.W.3d 501 (Tex. App.–Ft. Worth 2011). . . . . . . . . . . . . . . 6 Lara v. State, 909 S.W.2d 615 (Tex. App.–Fort Worth 1995, pet. ref'd). . . . . 7 Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App. LEXIS 4922, 1999 WL 442139, (Tex. App.–Houston [1st Dist.] July 1, 1999, pet. ref'd). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 Snyder v. State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676 (Tex. App.–El Paso Sept. 22, 2005, no pet.).. . . . . . . . . . 7 State v. Powell, 971 S.W.2d 577 (Tex. App.–Dallas 1998, no pet.).. . . . . . . . . 7 United States v. Mauro, 436 U.S. 340. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Walker v. State, 201 S.W.3d 841. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 PETITION FOR WRIT OF MANDAMUS PAGE iv C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Texas Constitution: Tex. Const. Art. V Sec. 5(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Statutes: Tex. C. Crim. P. Art. 4.04.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Tex. C. Crim. P. Art. 51.14. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1-9 Tex. C. Crim. P. Art. 51.14 Art. IX. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 Tex. C. Crim. P. Art. 51.14, Art. III. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 Tex. C. Crim. P. Art. 51.14, Art. III(a). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Tex. C. Crim. P. Art. 51.14, Art. V(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5, 6 Rules: Tex. R. App. P. 52. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 PETITION FOR WRIT OF MANDAMUS PAGE v C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Statement of the Case 1. The underlying suit arises out of Cause Numbers 11–01–13703, 11–01–13704 and 11–01–13705, entitled “THE STATE OF TEXAS v. DOMINIQUE DONTAE LASKER" in the 506th Judicial District Court of Waller County, Texas. 2. Respondent is ALBERT M. McCAIG, JR., Judge of the 506th Judicial District Court of Waller County, Texas. 3. Relator/Defendant, Dominique Dontae Lasker, is entitled to relief, a dismissal of charges, pursuant to the provisions of the Interstate Agreement on Detainers. Tex. C. Crim. P. Art. 51.14 (IADA). On March 11, 2014, and July 15, 2014, the trial court entered orders denying Defendant's motions seeking relief under the IADA. Appendix I, pp. 147, 157; Appendix II, pp. 149, 154; Appendix III, pp. 149, 154. The IADA is a congressionally-sanctioned compact between the United States and the states, see Culer v. Adams, 449 U.S. 433, 442, 101 S. Ct. 703, 66 L. Ed. 2d 641 (1981). The action of Respondent, the Honorable Albert M. McCaig, Jr., the Presiding Judge of the 506th Judicial District Court of Waller County, Texas, being complained of is the issuance of Orders denying Defendant's Motion to PETITION FOR WRIT OF MANDAMUS PAGE 1 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on Detainers that does not comport with the mandate of the IADA. Relator, DOMINIQUE DONTAE LASKER, seeks an extraordinary Writ of Mandamus from this Honorable Court to compel Respondent to vacate the Orders denying Defendant's Motion to Dismiss and Motion to Dismiss for Violation of the Interstate Agreement on Detainers and ordering Respondent to dismiss the indictment filed against Relator. 4. A petition requesting the same relief was filed in the Court of Appeals for the First Judicial District on July 25, 2014, in Cause Numbers 01–14–00630–CR, 01–14–00631–CR and 01–14–00632–CR. A Memorandum Opinion was issued on January 27, 2015, denying the petition for writ of mandamus. The justices who participated in the decision were Justices Jennings, Massengale and Lloyd. Appendix VIII. Relator’s motion for reconsideration en banc was denied on March 31, 2015. Appendix IX. Statement of Jurisdiction The Texas Court of Criminal Appeals has jurisdiction to hear this Original Proceeding and to grant the relief requested under Article V, Section 5(c), of the Texas Constitution; Art. 4.04 Texas Code of Criminal Procedure; and Texas Rule of Appellate Procedure 52. PETITION FOR WRIT OF MANDAMUS PAGE 2 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF The Respondent was acting in an official capacity as the Presiding Judge for the 506th Judicial District Court of Waller County, Texas, when the actions complained of occurred. The Relator has no right of appeal from the actions of Respondent, and no other adequate remedy at law is available. The actions sought to be compelled of Respondent are ministerial rather than discretionary in nature. Statement of Issue Presented THE TRIAL COURT ERRED IN DENYING DEFENDANT'S MOTION TO DISMISS THE INDICTMENT ALTHOUGH DEFENDANT WAS NOT TAKEN TO TRIAL WITHIN THE 180 DAYS FROM THE DATE HIS REQUEST FOR SPEEDY DISPOSITION OF HIS DETAINER WAS RECEIVED OR WITHIN THE120 DAYS FROM HIS ARRIVAL TO WALLER COUNTY IN VIOLATION OF THE MANDATE OF ENGLE V. COKER, 820 S.W.2d 247 (TEX. APP.–BEAUMONT 1991) AND THE INTERSTATE AGREEMENT ON DETAINERS ACT, TEX. C. CRIM. P. ART. 51.14. Statement of Facts On January 27, 2011, Relator was indicted for the offense of murder of Stanley Ray Jackson in Cause Number 11-01-13704. Appendix II, p. 2. On January 27, 2011, Relator was indicted for the offense of murder of Janella Edwards in Cause Number 11-01-13705. Appendix III, p. 2. On January 27, 2011, Relator was indicted for the offense of capital murders of Stanley Ray Jackson and Janella Edwards in Cause Number 11-01-13703. Appendix I, p. 2. At that time Relator was in federal custody on federal back robbery charges PETITION FOR WRIT OF MANDAMUS PAGE 3 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF unrelated to the capital murder and murder charges. See the stipulation of the parties. Appendix VII-5, p. 34. On December 16, 2011, Relator was sentenced to the federal prison for one hundred and twenty-one months. Appendix VII-5, p. 33. While he was in the federal prison serving that sentence Waller County placed a detainer on him for the three indictments. See the statement of the prosecutor. Appendix VII-5, p. 7. While serving that sentence and while the Waller County detainers were placed on him, Relator made two requests for speedy disposition of the detainers. Appendix I, pp. 6 & 18; Appendix II, pp. 6 and 18; Appendix III, pp. 6 and 18. Relator submitted his first request for speedy disposition under the Interstate Agreement on Detainers (IADA) in July of 2012. Appendix VII-5, p. 18. It was received by the District Clerk of Waller County on July 16, 2012. It was received by the District Attorney on July 19, 2012. Appendix I, p. 170; Appendix II, p. 167; Appendix III, p. 167. Relator submitted his second request for speedy disposition under the IADA in 2013. The second request was received by the District Clerk and the District Attorney on February 8, 2013. The second request was mailed by certified mail. Appendix VII-5, p. 19. PETITION FOR WRIT OF MANDAMUS PAGE 4 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Pursuant to the IADA the State of Texas requested that the federal government enter into an agreement allowing Texas to have temporary custody of Relator. Texas obtained such temporary custody of Relator on May 24, 2013. Appendix VII-5, p. 21. Pursuant to the IADA, Article III, the State is required to bring the case to trial within 180 days of Relator’s request. If Relator’s first request was sufficient, then the 180-day time period expired on January 14, 2013. If for any reason that request is deemed flawed, and if his second request is sufficient, then the time period expired on or before August 7, 2013. The record will show that this case was not brought to trial nor was any continuance granted prior to August 7, 2013. Pursuant to Art. V(c) of the IADA, Relator is entitled to have all three indictments dismissed with prejudice. On September 9, 2013, in open court the State’s motion for continuance was granted until February 24, 2014, over the objections of Relator that such order violated the IADA. Appendix VII-3, pp. 30-31. The continuance was granted without good cause. On March 11, 2014, the trial court denied Defendant’s motions to dismiss, signing the written order in Cause Number 11–01–13703 on that date (Appendix I, p. 147) and signing the orders in Cause Numbers 11–01–13704 and PETITION FOR WRIT OF MANDAMUS PAGE 5 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF 11–01–13705 on July 2, 2014. Appendix II, p. 149; Appendix III, p. 149. On July 15, 2014, the trial court denied Defendant’s Motions to Dismiss for Violation of the Interstate Agreement on Detainers. Appendix I, p. 157; Appendix II:, p. 154; Appendix III, p. 154. From these Orders Relator files this Petition for Writ of Mandamus. Argument and Authorities A prisoner who is transferred pursuant to the IADA is entitled to be tried within 180 days of the receipt of his demand for speedy disposition. Tex. C. Crim. P. Art. 51.14, Art. III(a) and Art. V(c). Mandamus relief should be granted when a trial court fails to grant a dismissal with prejudice despite a violation of the IADA. In re Dacus, 337 S.W.3d 501, (Tex. App.–Ft. Worth 2011). In this case the Court and the prosecutor received two requests demanding speedy disposition of the charges pending in Waller County, Texas. At the time those requests were made Relator was an inmate in the federal penitentiary while Waller County had lodged a detainer on him for these charges. The first request was sent by the Relator directly to the Court and to the prosecutor. The second request was submitted by the Relator to the warden, who sent the requests to the Court and the prosecutor by certified mail. PETITION FOR WRIT OF MANDAMUS PAGE 6 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF The State contended to the trial court that both sets of requests were fatally defective and did not invoke the IADA. With regard to the first request the State complains that the request was not submitted to the warden and mailed to the Court and the prosecutor by certified mail. Appendix VII-5, pp. 8-9. Some Texas courts have held that it is not required that the IADA request go through the warden, but that the inmate may himself make the demand for speedy disposition directly to the Court and the prosecuting attorney. Huff v. State, No. 04–13–00891–CR, 2015 Tex. App. LEXIS 3401 (Tex. App.–San Antonio, April 8, 2015), at *24, citing Walker v. State, 201 S.W.3d 841 at 846; Snyder v. State, No. 08-04-00246-CR, 2005 Tex. App. LEXIS 7750, 2005 WL 2313676, at *1 (Tex. App.–El Paso Sept. 22, 2005, no pet.) (not designated for publication); Rowe v. State, Nos. 01–97–00677–CR & 01–97–00678–CR, 1999 Tex. App. LEXIS 4922, 1999 WL 442139, at *7 (Tex. App.–Houston [1st Dist.] July 1, 1999, pet. ref'd) (not designated for publication); State v. Powell, 971 S.W.2d 577, 580 (Tex. App.–Dallas 1998, no pet.); Lara v. State, 909 S.W.2d 615, 618 (Tex. App.–Fort Worth 1995, pet. ref'd); Bryant v. State, 819 S.W.2d 927, 931 (Tex. App.–Houston [14th Dist.] 1991, pet. ref'd); Burton v. State, 805 S.W.2d 564, 575 (Tex. App.–Dallas 1991, pet. ref'd). With regard to his first request, there is no controversy that both the State and the Court received an explicit request for PETITION FOR WRIT OF MANDAMUS PAGE 7 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF speedy disposition under the IADA directly from Relator, albeit not by certified mail or with the certificate of the warden. The case of Fex v. Michigan, 507 U.S. 43, 52, 113 S.Ct. 1085, 1091 (1993), suggests the 180-day time period begins when the request is received by the prosecutor and the court. The U.S. Supreme Court has never indicated that the manner the request is sent is significant to the implementation of the IADA. The Supreme Court has rejected narrow interpretations of the IADA once a detainer has lodged and the policies of the IADA are fully implicated. United States v. Mauro, 436 U.S. 340, at 362. Article IX of the IADA states that “[t]his agreement shall be liberally construed so as to effectuate its purpose.” The State’s argument that Relator’s first request is deficient and fails to invoke the time limits of the IADA is contrary to the Supreme Court’s guidance in Mauro and Article IX of the Agreement. The State’s contention concerning Relator’s second request has no basis in any precedent. The State contended at the February 11, 2014, hearing that the Warden’s certificate did not contain information concerning Relator’s parole eligibility date or what action the Parole Board had taken concerning Relator. Appendix VII-5, p. 10. In response, at that hearing Relator’s counsel asked the trial court to take judicial knowledge that Relator as a federal prisoner was not PETITION FOR WRIT OF MANDAMUS PAGE 8 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF eligible for parole. Appendix VII-5, pp. 22-23. Relator’s counsel also argued that although the two lines were left blank they “were appropriately left blank. ... They could have said none, not applicable, there are other ways to do it, but blank is also accurate.” Appendix VII-5, p. 27. Should this Court consider the two blanks on the certificate material, the defects should be considered waived. In Engle v. Coker, 820 S.W.2d 247 (Tex. App.–Beaumont 1991), the State argued that defects in the notice of imprisonment and request for disposition should prevent any dismissal under the IADA. The Beaumont Court pointed out that the State’s action in bringing Engle to Texas waived any defects; the court enforced the time limits of the IADA despite the defects and dismissed the prosecutions. Here the valid second request for disposition was received by both the Court and the prosecutor on February 8, 2013. Relator was returned to Waller County on May 24, 2013. The 180-day time period expired on August 7, 2013. No defect in the warden’s certification prevented the State from seeking a trial date or a continuance before the August 7 deadline. The failure to try the case or get a continuance before that date is fatal and demands a dismissal under the IADA. As the Supreme Court wrote: For present purposes, it is important to keep in mind that the Agreement basically (1) gives a prisoner the right to demand a trial PETITION FOR WRIT OF MANDAMUS PAGE 9 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF within 180 days; and (2) gives a State the right to obtain a prisoner for purposes of trial, in which case the State (a) must try the prisoner within 120 days of his arrival, and (b) must not return the prisoner to his "original place of imprisonment" prior to that trial. Alabama v. Bozeman, 533 U.S. 146, 151, 121 S.Ct. 2079, 2083 (2001). Based on the foregoing Relator is entitled to relief and dismissal of all three indictments pending in Waller County. Prayer Relator prays that this Honorable Court grant this Petition for Writ of Mandamus and issue an order directing the trial court to dismiss with prejudice the indictments in Cause Numbers 11–01–13703, 11–01–13704 and 11–01–13705 because of the violations of the time limits in the IADA. Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 11th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By /s/ Frank Blazek Frank Blazek State Bar No. 02475500 frankblazek@smithermartin.com PETITION FOR WRIT OF MANDAMUS PAGE 10 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] wfcarter73@yahoo.com ATTORNEYS FOR RELATOR Certification I hereby certify that I have reviewed the above Petition for Writ of Mandamus and have concluded that every factual statement in the said petition is supported by competent evidence included in the appendix or record. /s/Frank Blazek FRANK BLAZEK PETITION FOR WRIT OF MANDAMUS PAGE 11 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF Certificate of Service I hereby certify that a true and correct copy of the foregoing Petition for Writ of Mandamus was forwarded by U.S. Mail, postage prepaid, on the 29th day of April, 2015, to the following parties, pursuant to TEX. R. APP. 9.5(d) and TEX. R. APP. 52.10(a): The Honorable Albert M. McCaig, Jr. 506th Judicial District Court 836 Austin Street, Suite 307 Hempstead, Texas 77445 judge@court506.com Elton R. Mathis Criminal District Attorney Waller County 645 12th Street Hempstead, Texas 77445 e.mathis@wallercounty.us /s/ Frank Blazek Frank Blazek PETITION FOR WRIT OF MANDAMUS PAGE 12 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF APPENDIX PETITION FOR WRIT OF MANDAMUS PAGE 13 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF CONTENTS OF APPENDIX Appendix Number Clerk’s Records: No. 11-01-13703 - Capital Murder I No. 11-01-13704 - Capital Murder II No. 11-01-13705 - Capital Murder III No. 11-01-13703 - Supplemental Record IV No. 11-01-13704 - Supplemental Record V No. 11-01-13705 - Supplemental Record VI Reporter’s Record: Vol. 1 of 6 - Master Index VII-1 Vol. 2 of 6 - Hearing on Appointment of Counsel (6-4-13) VII-2 Vol. 3 of 6 - Hearing on Motions (9-9-13) VII-3 Vol. 4 of 6 - Hearing on Motions (11-4-13) VII-4 Vol. 5 of 6 - Hearing on Motions (2-11-14) VII-5 Vol. 6 of 6 - Exhibit Index VII-6 Memorandum Opinion VIII Order on Motion for En Banc Reconsideration IX PETITION FOR WRIT OF MANDAMUS PAGE 14 C:\NetShare\FB\CRIM_K-O\Lasker.DD.81075\Mandamus-CCA\Petition.wpdF CLERK'S RECORD (Petition for Writ of Mandamus) FILED IN First Court of Appeals 1st COURT OF APPEALS HOUSTON, TEXAS Court of Appeals No. 01-14-00630-CR (Count 1) 9/10/2014 11:23:35 AM Trial Court Cause No 11-01-13703 th CHRISTOPHER A. PRINE In the 506 District Court Clerk Of Waller County, Texas Hon. Albert M. McCaig, Jr. INRE: DOMINIQUE DONTAE LASKER Appealed to the Court of Appeals for the FIRST District of Texas, at Houston, Texas Relator DOMINIQUE DONTAE LASKER Attorneys for Relator Frank Blazek 1414 11 th Street Huntsville, Texas 77340 Tel: (936)295-2624 SBOT No.: 02475500 William F. Carter 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 Tel: (979)779-0712 SBOT No.: 03932800 Real Party In Interest The State of Texas Attorney for State of Texasl Real Party In Interest Elton Mathis Waller County District Attorney 645 12th Street Hempstead, Texas 77445 Phone: (979) 826-7718 SBOT No. 24014568 Court: 506th Judicial District Court Judge: Hon. Albert M. McCaig, Jr. Court Reporter: Robyn Wiley 836 Austin Street, Rm 307 Hempstead, Texas 77445 (979) 921-0921 Delivered to the First Court of Appeals For the State of Texas 301 Fannin Street Houston, Texas 77002 The 10th day of September, 2014 PATRICIAJ. SPADA CHENE DISTRICT CLERK OF WALLER COUNTY, TEXAS l;b~ By: --~~~)r-----~-------,Deputy Appellate Court Cause No. 01-14-00630-CR (Count 1) Filed in the First Court of Appeals at Houston, Texas This the day of ' 2014. By ____________________________~,Depury FILED IN THE FIRST COURT OF APPEALS, Cause No. 01-14-00630-CR (Count 1) Trial Court Cause No. 11-01-13703 INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS PETITION FOR WRIT OF MANDAMUS CLERK'S RECORD, VOL. 1 OF 1 (Count 1) INDEX PAGE NO Caption 1 Indictment Filed 0112712011 2 Notice of Place of Imprisonment And Request for Speedy Trial And Final Disposition Filed 0711612012 3 Notice and Demand to District AttorneylProsecutor for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prisoner Dated 07102112 6 Motion to Dismiss for Denial of Constitutional Rights ofDue Process and Right to Speedy Trial Dated 12/31/2012 8 Letter to Elton R. Mathis, D.A., From Us. Dept. ofJustice Federal Bureau ofPrisons Federal Correctional Complex Filed 02/08/2013 15 Defendant's Pro Se Motion to Dismiss the Indictment or Information Herein, or in the Alternative, Defendant's Pro Se Motionfor Appointment of Counsel at Public Expense Filed 0411012013 23 Scheduling Order - Criminal Dated 0512412013 29 Waller County Magistrate's Admonishment form Warning of Constitutional Rights Dated 0512412013 30 Order Appointing Counsel Signed 0610412013 34 Order Appointing Counsel Signed 0610612013 35 Defendant's Waiver of Arraignment And Entry of Plea ofNot Guilty Filed 0711512013 36 Motion for Appointment of Attorney as Co-Defense Counsel Filed 0711512013 38 Order Appointing Attorney Signed 0711812013 40 State's Notice of Intent to Seek Death Penalty Filed 0813012013 41 State's Motion for Discovery of Expert Witnesses Filed 0813012013 43 State's First Motion for Continuance Filed 0813012013 46 State's Motion for Competency Examination Filed 0813012013 53 State's First Motion for Continuance Filed 0813012013 56 States Motion for Competency Examination Filed 081301213 63 State's Motion for Discovery of Expert Witnesses Filed 0813012013 65 Motion to Dismiss Filed 0910912013 67 Motion for Disclosure of Favorable Evidence Filed 0910912013 70 Standard Discovery Order Signed 09/09/2013 74 Scheduling Order - Criminal Dated 09/0912013 75 First Amended Motion to Dismiss Filed 1013012013 76 Scheduling Order - Criminal Signed 11104113 80 Letter from Defendant to Court Filed 11/08/2013 81 Copy of Letter from D.A. to Mr. Blazek including Attachments Filed 11/18/2013 85 Scheduling Order - Criminal Dated 01/08/2014 137 Defendant's First Motion for Continuance Filed 01/2112014 138 Order Signed 01/2112014 142 Motion to Suppress Confession Filed 02/10/2014 143 Order (Motion to Dismiss) Signed 03/1112014 147 Notice of Preferential Trial Setting Dated 04/04/2014 148 Scheduling Order - Criminal Dated 04/04/2014 149 Agreed Motion for Transcription Of Pretrial Hearings Filed 04/0912014 150 Order Signed 04/09/2014 152 Motion to Dismiss for Violation Of the Interstate Agreement On Detainers Filed 07/14/2014 153 Order Signed 0711512014 157 Attorney Fee Voucher Dated 07/14/2014 158 Notice to Prepare Reporter's Record Filed 0910312014 165 Designation of Items to be Included in the Record Filed 0910312014 167 State's Response to Defendant's Motion to Dismiss Filed 09/04/2014 169 Court's Docket Sheet 213 Certification 215 THE STATE OF TEXAS COUNTY OF WALLER In the 506th Judicial District Court of Waller County, Texas, the Honorable Albert M McCaig, Jr., presiding, the following proceedings were held and the following instruments and other papers were filed in this cause, to wit: 1st COURT OF APPEAL NO. 01-14-00630-CR (Count 1) TRIAL COURT CAUSE NO. 11-01-13703 CLERK'S RECORD VOLUME lOFl INRE § IN THE COURT OF APPEALS § § FIRST DISTRICT § DOMINIQUE DONTAE LASKER § HOUSTON, TEXAS THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER Said JUDICIAL DISTRICT BIM DOB: 03/2111984 Charge: CAPITAL MURDER ~ ~t:~ S &i ~ "- Section: 19.03 Degree: CAPITAL FELONY INDICTMENT ~ ;1l~1 .:. IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, t~ ~i~ empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a fIrearm, and both murders were committed during the same criminal transaction. The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January term, A.D. 2011 of the 506th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11TH day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson. AGAINST THE PEACE AND DIGNITY OF THE STATE. Foreman of the Grand Jury u11 IV 0 Ae.11L", tAf f,,] 11" ~ ~~ ~ ct COURT OF Waller (fuUNa ~~.--1·lfJ:(\ "-1 ;0 ~:~c. ILL C.» Respectfully Submitted, ~~./ k! Reg. No. 22867-298 United States Penitentiary Victorville FCC POBox~ 3900 Adelanto, CA 92031 CERTIFCATE OF SERVICE I hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: D\S.1fCCt- .4mrVKL{ ?> Yfo (,rh. ~1fc.G~ Su.i\-f.. \ l\tvY1p~h:&\.J 1 XJ 77L.j~-5 Dominique Dontae Lasker VIP Law Library FormsfNoticeSpeedyTrial-Detainer (Rev 9/11) CERTIFICATE OF SERVICE I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10 By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USPIFCC, at Adelanto, California, on this -l.k- day of JG\'I\lJ..OJ\.{ ,20 12 ,with sufficient postage affixed. It would be \.. noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 1). District Court, 506th District 2). Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors Waller County Courthouse OFFICE 836 Austin Ct., Room 318 FOR WALLER COUNTY Heapstead, TX 77445-4673 ~~ue D~LaSker---""" 1' u -f.\ . l ··f f..- 11 C' \1 ( 1) ;~ (ItI; (':.,) Respectfully Submitted, ~ (\CI .~'. \ \\L Ie Dated:~ ~z- ~ V""n~~inique tae La! . / " Reg. No. 22867-298 ~ United States Penitentiary Victorville FCC POBox ~ 3900 Adelanto, CA 92031 CERTIFCATE OF SERVICE 1 hereby certify that a copy of this document ,vas mailed to the office of the district attorney/ prosecutor for this jurisdiction, addressed as below.: DiS.1fC c-t4UorVle. L/ ~ 4~ Gr~ ~1(u:r ':)L.Li~'t. \ l\e\IY1p~tcVlJ 1 X) 77'-J~-S 2 VIP Law Library FormsiNoticeSpeedyTrraI-Detainer (Rev. 911 I) jJ- NOTICE AND DEMAND TO DiSTRICT ATTORNEY/PROSECUTOR FOR TRIAL OR DISPOSITION OF WARRANTS, INFORMA nONS, DETAI;\'ERS OR INDICTMENTS BY FEDERAL PRISONER FROM: Dominique Dontae Lasker Reg. No. 22867-298 United States Penitentiary Victorville FCC PO BoxDOJ{ 3900 Adelanto, CA 92301 Dear Sir/Madam: I. I have been infonned that 1 have the following outstanding warrant(s), indictment(s), or complaint(s) under the following case numbers, issuing from your jurisdiction: Ca]2ital Murder Charge # 11-01-13703 979-826-8282 Ca]2ital Murder Charge # 11-01-13704 979-826-8282 CaJ2ital Murder Charge # 11-01-13705 979-826-8282 # 2. 1 am presently a federal prisoner in the custody of the United States Anorney General, incarcerated at the Victorville Federal Correctional Complex, located in Adelanto, California. 3.1 was sentenced in the United States District Court for the Sou thern District of California, to a tenn of 121 months. My current projected release date from federal custody is August ~, 20 19 , as found in the attached BOP documentation (see Sentence Monitoring/Data Computation printout). 4. The outstanding charges pending from this jurisdiction adversely affect the conditions of my incarceration, and do riot allow my participation in certain r~habilitati.ve QrOgfams. 1 rema~.!i!Lclassification category and the delay in prosecution prejudices my defense against these outstanding charges. 5. I have provided this communication to invoke the statutes, rules and procedures of this State for speedy trial and disposition of untried warrants, indictments and complaints. Based upon these provisions I would demand a speedy trial or disposition within one-hundred and twenty (120) days, on any and all criminal actions in your jurisdiction and/or alternatively, that you submit request for temporary custody to the federal bureau of prison authorities, pursuant to the requirements of applicable statutes for Interstate Agreement on Detainers ("IADn). Cordially, D,ted ~~*!""'A7'C'-:t~O:S:f~"-'9~;Z':':":::---"7...¢.:=:::=-RE-Qt-rE-ST-OR July 7,1955, as amended, Dominique Dontae Lasker to administer oaths (18 . U.S.C. WITNESS-PRISON STAFF MEMBER § 4004) . COPIES: ORIGCNAL TO DIS TRICT A ITORNE\', "SD KEEP COpy FOR O"'S RECORDS TO BE CSED WITfj REQCEST TO COL'R T FOR D1S,\/ISSAL ALSO: I~CLL'DE Due L\.IE~TA nor-.; FROM THE C -\SE \1ANAGERiRECORDS REGARDNG THE \\"-\RRAST.'DETM'\!ER -\SD IF POSSIBLE YOL'R SE~T[:-.sCE ~IOt\ITORI1\'G/DA TO\ CU\IPLH, TlO!'oeV' l\-OI-13=rO.:l?c~fJi.f,A{ J~vl)..PY\..~I-()1-1310'l-~ ""'I.'vo"r- I propose to bring this person to trial on thi8 [indicate appropriate) (indictment ~m~.blt) within the time specified in Article IV(c) of the A9~eement. In orde~ that proceedings in this matter may be p~operly had, I hereby request temporary custody of such per$ons pursuant to Article IVta, of thm Agreement on Oat4ine~e. Attached herewith find in triplicate: a. Certifier;! copies of the complaint, infor:m.ation or indlctment b. Certified copies of the warrant c. Certified copies of ~tngerprints, photographs or_physica~ desc~iption I l)ereby agree tnat immediatlllly after trial h completed in this jurisdiction, t will return the prisoner directly to you 0: allOW any juriediction you have d~siqnated to take tempQrary custody. I agree dlso to complete rorm IX, The Notice of Dis osition of a Detainer, immediatel .fter trial. Printed Name and Signatu~ : ~. Title t ~ . Date '= \\ON ~. tv'\ PI +"-.\$ - ----- CRil\,dNA.1 J)is ~~ 011 No" J.l~ J 20" Address: Ci ty/State: "1--=7 4t!- s;- Telephone No.: LP4 S" ltJ..t-","s+. 1. You are charged with the offense of eAPIT AL MUR.DER MULTTPLE. An affidavit, or complaint, clYu-ging you with this offense (has) 0- aM-) been filed with the appropriate court. (-I) 2. You have the right to remain silent, the right to have an attorney present during any interview with pqilce officers or attorneys representing the state, and the right to terminate that interview at any time. (J) 3. You are not required to make any statement. Any statement made by you may be used against you in cc#m. (oJ> 4. You have the right to retain or hire an attorney. If you are unable to employ an attorney, you have the right to request the appointment of an attorney by completing a fmancial assessment fonn. This form is available for you to complete at this time, and assistance in filling out the form is available if necessary. You m y be ordered to reimburse the cost of that attorney if you are found guilty of the offence. ( . ( 6: Are you currently out of jail on bond on any other charg~s? Yes or®:circle one) Charge; County:_ _ _ _ _-7"'~--- ( 7. Are you currently on probation or deferred adjudication? Yes 0 (circle one) ( 8. Are you currently on parole? Yes 0 0 (circle one) ( 9. Are you requesting the appointment of an attorney at this time Yes r No (circle one) (". 10. Are you a United States citizen@rNo Ifno, Do you want us to contact your consulate? Yes or No (attach correct paperwork) . (1~:r~, ~Sf#:~llf,e Magistrate's Signature d' Pit( Official Title The Magistrate determines that the defendant (does/ae88oMt),_____ speak the English language. The Defendant (+.t-8r is not) deaf. Interpreter (If needed) Name:_ _ _ _ _ _ _ _ _ __ Address: _ _ _ _ _ _ _ _ _ __ ---------------- Phone: date: Time: ------ ------ BOND AMOUNT - .. _-_._-- Cause No. 11~01-13703 THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT lllackIMale DOB: 03/21184 CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS· GREETINGS; YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep 50 that yOu have him/ber before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MUtTIPLE, a felony. HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. SHERIFF'S RETURN CAMETOHANDth~ dal:Of~~~ ,a~aiJ~O o'clock ...,jL.m:., and executed by arresting UlY"'tJ:,; ~ L:. _ At V.CJ",..".1L.t Ct;.. •in ' COU~Texas, and placing him/her in the waiter County Jail on the ;'0) 1. • dJdl day of ----.;-.....;:::...::w------, I actually and necessarily traveled miles in the service of tbis writ, in addition to any otber mileage I may have traveled in the service of other process in this case during the same trip. FEES: Making Arrest Mileage miles G ~ "'~ County, Texas trJ~ , Sheriff TaldngBond Commitment 31 Cause No. 11-01-13703 THE STATE OF TEXAS IN THE DISTRICT CO VS. DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT BlacklMale DOB: 03/21/84 CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/her before the Honorable 506TH District Court of Waller County, Texas, at the Courthouse of said County, in Hempstead, Texas, instanter, then and there to answer the State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MULTIPLE, a felony. HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed the same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE W ALLER_ COUNTY, T XAS BY·c/e':';"/~~~~---- SHERIFF'S RETURN CAME TO HAND th~ dal. of ~ ,c:a.'n., at J~ 0 o'clock ~.~., and executed by arresting Uocn~ (;.1& /" Al V:d-.,cY' l~-J CtA.. , in Cou~xas, and placing himlher in the Waller County Jail on the d3dl day of __ ~---='--"'J-_ _ _ _ __ SUI' . I actually and necessarily traveled miles in the service of this writ, in addition to any other mileage I may have traveled in the service of other process in this case during the same trip. FEES: Making Arrest G ~ Sin.~ , Sheriff Mileage miles vJ~ County, Texas Taking Bond Commitment By: (~)'L,A ~uty Cause No. 11-01-13703 THE STATE OF TEXAS IN THE DISTRICT COURT VS. WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT PRECEPT TO SERVE COPY OF INDICTMENT TO THE SHERIFF OF WALLER COUNTY - GREETING YOU ARE HEREBY COMMANDED to serve DOMINIQUE DONTAE LASKER, the defendant in Cause No. 11-01-13703, wherein the State of Texas is Plaintiff and DOMINIQUE DONTAE LASKER is Defendant, in person, with the accompanying certified copy of the original indictment charging him/her with CAPITAL MURDER MULTIPLE now on f'Ile in said Court. HEREIN FAIL NOT, but of this writ make due return as the law directs. GIVEN UNDER MY HAND AND OFFICIAL SEAL, THIS 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, TEXAS SHERIFF'S RETURN CAME TO HAND THEU day of---"-----"-'f--_ _, dlJ , at-l- o'clock..Jl. M. and executed by delivering the anying certified copy of IndictmeM No.' ,..\\l-1PUto " , the defendant herein, in person, at 0' oCk--fL.M. on the day of ~ ~!1 GLENN SMITH, SHERIFF WALLER COUN , TEXAS BY: __~~~________ 33 Cause No. 11-01-13703 STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506 TH JUDICIAL DISTRICT ORDER APPOINTING COUNSEL Offense: eAPITAL MURDER The defendant having made application to the Court for the appointment of an attorney, and the defendant represented through an affidavit or testimony or information received of indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this cause of action. Therefore, the Court hereby appoints: REGIONAL PUBLIC DEFENDER FOR CAPITAL CASES P.O. Box 2097 Lubbock, Texas 79408-2097 806-775-5660 to represent the Defendant through the trial of this matter. Representation through any appeal to the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date. Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 4, 2013. ALBERT M. McCAIG, 506th Judicial District orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Defendant % Waller County Jail Cause No. 11-01-13703 STATE OF TEXAS § IN THE DISTRICT COURT OF § v. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT ORDER APPOINTING COUNSEL Offense: CAPITAL MURDER The defendant having made application to the Court for the appointment ofan attorney, and the defendant represented through an affidavit or testimony or information received of indigence, the Court is of the opinion that the defendant is indigent and is entitled to appointment of counsel in this cause of action. Therefore, the Court hereby appoints: Frank Blazek Attorney at Law 1414 11 th Street Huntsville, Texas 77340 936-295-2624 to represent the Defendant through the trial of this matter. Representation through any appeal to the Court of Appeals or the Court of Criminal Appeals will be taken up by the Court at a later date. Copies of this Order shall be provided by the Clerk to the Defendant, appointed counsel and counsel for the State. Dated: June 6, 2013. /U~/ /~ERT M. McCAIG, th 506 Judicial District orig: Waller County District Clerk cc: Waller County District Attorney cc: Waller County Sheriff's Department cc: Attorney cc: Detendant % Waller County Jail 35 --_":'1 Hempstead, Texas 77445 Frank Blazek MOTION FOR APPOINTMENT OF ATTORNEY AS CO·DEFENSE COUNSEL PAGE 2 C:\FB\CRlM_K·O\Lasker.DD.8107S\Motion for Co· Defense Counsel.OO I.wpd CAUSE NO. 11-01-13703 CAUSE NO. 11-01-13704 CAUSE NO. 11-01-13705 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT ORDER APPOINTING ATTORNEY BE IT REMEMBERED, that on the of ~~ay ,20l3, came on to be considered the above and foregoing Motion for Ap' ointment of Co-Defense Counsel. After consideration of the same, it is the opinion of t e Court that Defendant's Motion be: ~ GRANTED, and WILLIAM F. CARTER, an attorney found by the Court to be competent, is hereby appointed to represent the Defendant as co-defense counsel until the trial of this case is concluded, or until released by written order of this Court. () DENIED, to which ruling the Defendant excepts. SIGNED: -:M7 (~ flo/? JUDGE PRESIDING C:\FB\CRJM_K-O\Lasker.DD.BI075\Motion for Co-Defense Counsel.OO I.wpd No. 11-01-13703 THE STATE OF TEXAS § IN THE 506th DISTRICT v. COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATE'S NOTICE OF INTENT TO SEEK DEATH PENALTY COMES NOW, the State of Texas, through the undersigned Waller County Criminal District Attorney and does hereby give notice to the Honorable Court and to Counsel for the Defendant, Dominique Dontae Lasker that the State of Texas intends to seek the death penalty in the above styled and numbered cause. Respectfully Submitted, Elton R. Mathis Criminal District Attorney Waller County, Texas TBN 24014568 645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX) 0 ::E - LA.) :t>oo ,a c::: rtlUi ::::O-i a G") ~ r'll (}::u." W -0 c:: c::> QOr -i :Z-ifTl -iC'Ja - c." '-II NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506 th Judicial District Court of Waller County, Texas on September 9, 2013 at 4:30 p.m. CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and by facsimile transfer. Elton R. Mathis ~ 11-01-13703,11-01-13704 and 11-01-13705 - ~ ~ ~ :P Co rn'Ui -- -;;o~ G"> n;o-t1 o c.,.) -QC'lr- ~ 0 '::;;;~rrI ~-·nCJ -;, THE STATE OF TEXAS § IN THE 506th DISTRIC-l - ·::::J° 1 ~-IfT' THE STATE OF TEXAS § ..-, ::{CJO v. § COURT OF -. -u ..- N, =-rn -\";0 m?'- . ~~ N J7 co ~/') DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATE'S FIRST MOTION FOR CONTINUANCE Now comes the State of Texas, by and through her Waller County Criminal District Attorney, Elton R. Mathis, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code of Criminal Procedure, and as allowed by Article 51.14 of the Texas Code of Criminal Procedure and would respectfully show: 1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11, 2010 in Waller County, Texas. The indictments were signed on January 27,2011 after a lengthy investigation. 2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery. 4. The Defendant was returned to this jurisdiction on the above numbered and styled causes on or about May 24, 20l3. 5. The Defendant appeared before this Court for the firsttime on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases. 6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6th, 20l3. 7. The Defendant waived arraignment and entered a not guilty plea on July 15th, 2013. 8. The Defendant requested and was granted additional counsel on July 18th, 20l3. 9. No discovery of any kind has been requested by counsel for the Defendant until counsel met together at the District Attorney's Office on August 28 th, 20l3. 10. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. 11. No motions have been filed by counsel with the exception of a request for additional counsel. 12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. 13. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's file. 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's file. 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting '(1 that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013. 16. The State's trial case requires the presences of several out of state witnesses from various law enforcement agencies in California and Virginia. Given the present posture of the case, the State will require more time to coordinate and assure those witnesses' presence. 17. The Defense has not yet designated the expert witnesses it expects to call in their case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts. 18. The State has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. 19. The first assistant criminal district attorney is scheduled for hip replacement surgery on September 3rd, 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the attorney would be able to try The State of Texas v. Taylor McShan. The first assistant has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the office other than the elected Criminal District Attorney would be a hardship. 20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense Counsel indicates that this case is complex and requires more than one attorney. This statement is true on behalf of the State of Texas as well. 'If 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or any time in the near future would be reversible and harmful error. 23. While acknowledging the existence of Article 51.14 of the Texas Code a/Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas and!or Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple fonnula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the province of the judiciary not the legislature. Counsel would further show that this is the first request for a continuance by the State of Texas. II. This Motion is made in the interest of justice and not for the purpose of delay, but so that justice may be done. A continuance is requested for only as long as is necessary. THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be granted and this cause be set at a later date. Respectfully Submitted, ~ Elton R. Mathis ----- Criminal District Attorney Waller County, Texas TBN 24014568 645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX) NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506th Judicial District Court ofWaIler County, Texas on septembzou~.m. ~~R:;:;;.~M;:a~thi~·s~=========--- CERTIFICATE OF SERVICE a _ I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and by facsimile transfer. Elton R. Mathis $0 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. § COURT OF DO:MINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS AFFIDAVIT BEFORE ME, the undersigned authority on this day personally appeared Elton R. Mathis, Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that the statements therein contained are true and correct to the best of his knowledge. ~ Elton R. Mathis Given under my hand and seal of office, this the ~of-l--..y.p~'i\;;T-.L-~' 5/ 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. § COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthennore, this cause is set for trial on _ _ _ _ _ _ _ _ _ _ __ Judge Presiding No. 11-01-13703, 11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DIS VS. § COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS STATES MOTION FOR COMPETENCY EXAMINATION COMES NOW, the State of Texas, through the undersigned District Attorney and moves this honorable Court, in accordance with the provisions Art. 46B.005, 46B.021 and 46C.104 of Texas Code of Criminal Procedure to appoint a suitable expert to examine the Defendant and make written report to the Court, without delay, as to the competency of the Defendant to stand trial and otherwise answer to these criminal charges. In support of this motion the State would show the following: 1. The Defendant is charged by indictment with one Capital Murder and two indictments of Murder in the first degree alleged to have occurred on or about March 11,2010. Issues of mitigation may be and will likely be at issue during the course of the Defendant's trial and a psychological examination would aid the Court or jury in any determination it may be asked to make concerning competency and matters of sentencing. 2. The Defendant made statements to Texas Rangers during an interview to the effect that he saw a ghost at the time of the offenses and that he often thinks about hurting and killing other people. 3. The Defendant in correspondence made during his incarceration in California made statements to the effect he feels there might be something ''wrong'' with him and he wanted his wife to check on the internet with the "Veteran's Court." 4. The Defendant in telephone conversations while incarcerated in California makes mention of a discussion he had with a prison counselor to the effect that he has "questioned himself' on the need for help on mental issues in the past. 5. The Defendant during a Court appearance before this Court 53 demonstrated in his demeanor a lack of understanding of the proceedings when this Court inquired into his desire to have court- appointed counsel, insisting instead that he wanted to have a ruling on an unrelated motion made pro se to the Court. The State of Texas reasonably believes that the above behavior warrants an expert's determination of the Defendants competency to stand trial. Respectfully submitted, District Attorney Waller County, Texas SBN: 24014568 ORDER THIS MOTION having been duly considered, the COURT hereby GRANTS/ DENIES the States Motion for Competency Examination and appoints , to examine the Defendant and to report in writing as to the Defendant's competency to stand trial and otherwise answer to these criminal charges. Date: -------------------- Judge Presiding NOTICE OF HEARING Please be advised that the foregoing Motion is set for hearing before the 506th Judicial District Court of Waller County, Texas on September 9,2013 at 4:30 p.m. CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the foregoing document was served on opposing counsel Frank Blazek on this the 30th day of August 2013 via first class U.S. Mail and by facsimile transfer. ( 11-01-13703, 11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. § COURT OF DOMINIQUE DONTAE LASKER § STATE'S FIRST MOTION FOR CONTINUANCE Now comes the State of Texas, by and through her Waller County Assistant Criminal District Attorney, Frederick A. Edwards, and moves this Court for a continuance in the above styled and numbered cause as provided under Article 29.03 of the Texas Code ofCriminal Procedure, and as allowed by Article 51.14 of the Texas Code o/Criminal Procedure and would respectfully show: 1. The Defendant, Dominique Dontae Lasker is charged by indictment with Capital Murder and two indictments of Murder in the First Degree alleged to have occurred on or about March 11, 2010 in Waller County, Texas. The indictments were signed on January 27, 2011 after a lengthy investigation. 2. The Defendant absconded from the scene, the county, and the State of Texas shortly after the murders. 3. Following the murders the Defendant committed an aggravated bank robbery in California and was apprehended. He was sentenced on the resulting charges on December 16, 2011 in the federal court system. On information and belief the Defendant has been in state and/or federal custody in California since the aggravated bank robbery. 4. The Defendant was returned to this jurisdiction on the above numbered and styled causes on or about May 24, 2013. 5. The Defendant appeared before this Court for the fIrst time on June 4th, 2013 and this Honorable Court appointed counsel from the Regional Public Defender for Capital Cases. 6. The Regional Public Defender refused to accept the appointment, and the Defendant was reassigned court appointed counsel on June 6th , 2013. 7. The Defendant waived arraignment and entered a not guilty ple'a on July 15 th , 2013. 8. The Defendant requested and was granted additional counsel on July 18th , 2013. 9. No discovery of any kind has been requested by counsel for the Defendant until counsel met together at the District Attorney's Office on August 28 th , 2013. 10. No court date has been requested by counsel for the Defendant. There has never been a request for trial or pretrial dates. No trial date has been set by the court. 11. No motions have been filed by counsel with the exception of a request for additional counsel. 12. To the knowledge of the undersigned attorney no request for investigator fees or psychological evaluation has been made by counsel. 13. To the knowledge of the undersigned attorney there has been no request to see and inspect the State's fIle. 14. Defense counsel has not reviewed any evidence in the possession of the District Attorney and has not reviewed the State's fIle. 15. On or about June 12,2013 the elected Criminal District Attorney Elton R. Mathis I spoke with defense counsel Frank Blazek over the telephone regarding this case. As a result of that discussion Elton R. Mathis believed that defense counsel was requesting that the case be put on hold pending time for Frank Blazek to assemble a mitigation packet to present to Elton R. Mathis in an attempt to get Elton R. Mathis to refrain from seeking the death penalty in the capital case. The District Attorney's Office has been actively preparing this case for trial, yet not anticipating a trial date in September 2013. 16. The State's trial case requires the presences of several out of state witnesses from various law enforcement agencies in California and Virginia. Given the present posture of the case, the State will require more time to coordinate and assure those witnesses' presence. 17. The Defense has not yet designated the expert witnesses it expects to call in their 'case in chief or in sentencing for purposes of mitigation. The State anticipates a significant time necessary to prepare for rebuttal. The State has filed a request for the names and addresses of any such defense experts. 18. The State has filed a motion for the psychological evaluation of the Defendant which has not been heard or completed. 19. The undersigned attorney is scheduled for hip replacement surgery on September 3rd, 2013. Recovery time is anticipated to be up to eight weeks. This surgery has already been rescheduled once so that the undersigned attorney would be able to try The State of Texas v. Taylor McShan. The undersigned attorney has been primarily involved in the investigation and prosecution of this cause. To assign the case to another attorney in the office other than the elected Criminal District Attorney would be a hardship. 20. Defense counsel Blazek in his Motion for Appointment ofAttorney as Co-Defense Counsel indicates that this case is complex and requires more than one attorney. This statement is true on behalf of the State of Texas as well. 21. The State of Texas intends to seek the death penalty in this case. It is anticipated that the jury selection and trial of this case could take four to six weeks or possibly more. 22. The Defendant in this cause faces the death penalty and has only been represented by counsel for approximately 85 days. To proceed to trial at this time or anytime in the near future would be reversible and harmful error. 23. While acknowledging the existence of Article 51.14 of the Texas Code o/Criminal Procedure the undersigned does hereby assert that any provisions therein mandating trial by a date certain are impermissibly restrictive, are overbroad, and violate the separation of powers doctrines of the Texas and/or Federal Constitutions. Whether or not a case is ready for trial is based on numerous factors and cannot be reduced to a simple formula that applies equally to Class C Misdemeanors and Capital Felonies. The determination of when a case is ready for trial is in the providence of the judiciary not the legislature. Counsel would further show that this is the first request for a continuance by the State of Texas. II. This Motion is made in the interest of justice and not for the purpose of delay, but so that justice may be done. A continuance is requested for only as long as is necessary. THEREFORE, PREMISES CONSIDERED, the State of Texas prays that this Motion be granted and this cause be set at a later date. 59 .R~LS~ Frederick A~~ards Assistant District Attorney Waller County, Texas TBN 06435100 645 12th Street Hempstead, Texas 77445 (979) 826-7718 (979) 826-7722 (FAX) 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. § COURT OF· DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS AFFIDAVIT BEFORE ME, the undersigned authority on this day personally appeared Frederick A. Edwards, Assistant Criminal District Attorney, Waller County, Texas, known to me to be the person whose name is being subscribed to the foregoing State's First Motion for Continuance, and who after being duly sworn on his oath states that he has personal knowledge of the facts relied on for the Motion and that the statements therein contained are true and c~ ~ge. Frederick A. Edwards Given under my hand and seal of office, this the _ _ day of _ _ _ _ _ _, 2013. Notary Public in and for Waller County, Texas hi 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT v. § COURT OF DOMINIQUE DONTAE LASKER § WALLER COUNTY, TEXAS ORDER ON STATE'S FIRST MOTION FOR CONTINUANCE It is hereby ordered that the State's First Motion for Continuance is hereby Granted Furthermore, this cause is set for trial on _ _ _ _ _ _ _ _ _ _ __ Judge Presiding .' No. 11-01-13703,11-01-13704 and 11-01-13705 THE STATE OF TEXAS § IN THE 506th DISTRICT GJ - o~~W v. COURT OF ~ 0 S -0 -0 ~ ~~8 .r:- -I::::J Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and throu~ hiS.:A (1) attorneys of record, and submits'this his Motion for Disclosure of Favorable Evidence, and for cause would show the Court the folIowing: 1. The State of Texas and its prosecutors have a duty to disclose favorable evidence to the defense. Brady v. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963). It should be noted that the definition of favorable evidence is very broad and includes evidence that is mitigating, even if it does not exculpate. The subject evidence in the Brady case was merely mitigating. 2. The State of Texas and its prosecutors have a duty to disclose any evidence suggesting that Defendant is not competent to stand trial. Ex Parte Lewis, 587 S.W.2d 697 (Texas Court Crim App. 1979). 3. In this case Defendant is entitled to relief under the Interstate Agreement on Detainers (IADA). Art. 51.14 Texas Code of Criminal Procedure. Defendant is also entitled to relief under the Federal Constitutional provisions of the Sixth and Fourteenth Amendments thereto relating to a speedy trial. Defendant is entitled to production of any evidence that would support such claims. MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE I CIFSICRlM_K.OlLasker.DD.8 107511 1·01·13703 CM\Brady.OOl.wpd 70 WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the District Attorney of Waller County to disclose any favorable evidence to counsel for Defendant, instanter. Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.C. 1414 II th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] BY __~~__- T__-'~____ Frank Blazek State Bar No. 02475500 William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 2 CIFBICRIM_K-OIL"k.,.DD.81 075111-0 1-13703 CM\Bcady.OO I.wpd 'Ii Certificate of Service I do. hereby certify that a true and correct copy of the above and foregoing Motion for to Disclosure of Favorable Evidence has been forwarded to opposing counsel on this the ti'tAday of September, 2013, by facsimile to 1-979-779-9243, and addressed as follows: Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445 MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 3 C:IFBICRlM_K.Ou..,k".DD.81075111.01.13703 CMIB,ady.OOl.wpd CAUSE NO. 11-01-13703 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, TEXAS § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT ORDER On this day came on to be heard Defendant DOMINIQUE DONTAE LASKER's Motion for Disclosure of Favorable Evidence, and the same is GRANTED/DENIED as indicated above and the time for such discovery to be completed by the prosecution is set at ___ o'clock .m., on _ _ _ _ _ _ _ _ _ _ _ , 2013. Such disclosure shall be made in writing by delivering said writing to Defendant's attorney of record. IT IS SO ORDERED. SIGNED and ENTERED. this the _ _ day of _ _ _ _ _ _ , 2013. JUDGE PRESIDING MOTION FOR DISCLOSURE OF FAVORABLE EVIDENCE PAGE 4 CIFBICRIM_K-OlLaske,.DD.R 1075111-01-13703 CM\B .. dy.OOI.wpd 13 Cause # jI~O /- J )1D3 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS § WALLER COUNTY, TEXAS bOlV\i~e DuJae- La6W l S06TH JUDICIAL DISTRICT STANDARD DISCOVERY ORDER STATE IS ORDERED TO FURNISH: I. A list of all anticipated trial witnesses, to be supplemented as others are discovered. 2. All written or recorded statements of the Defendant, along with all confessions or statements, whether verbal or otherwise, made pursuant to Art. 38.22 C.C.P. 3. Inspection of: a. All items seized from the defendant, any co-defendant or accomplice. b. All physical objects to be introduced as part of the State's case. c. All documents, photographs and investigative charts or diagrams to be introduced at trial. d. All contraband, weapons and implements of criminal activity seized or acquired by the State or its agents in the investigation of the alleged crime. e. All records of conviction which may be admissible in evidence or llsed for impeachment of the defendant. f. All tangible items of physical evidence collected by the State or its agents concerning the alleged offense to include latent fingerprints, footprints, hairs, fibers, fingernail scrapings, body fluids, tire tracks, paint scrapings, etc. 4. All promises of benefit or leniency afforded to any accomplice or prospective witness in connection with his proposed testimony or other cooperation with regard to the alleged offense. S. All known convictions which are admissible for impeachment concerning any of the State's proposed witnesses. 6. All known convictions, pending charges or suspected criminal offenses concerning any accomplice proposed to be used as a witness by the State. 7. Copies of all complaints, search warrants, (related affidavits), autopsy reports, laboratory reports and laboratory reports of all examinations of contraband, fluids, hairs, fingerprints, blood samples, ballistics, soil, fibers and paints. 8. Inspection of all business records or governmental records expected to be introduced by the State. 9. All exculpatory evidence pursuant to Brady v. Mary/and and related cases. 10. The State will furnish all such above items which are in the possession of the State's attorneys or which are known to be in the possession of the investigating officers or other agents of the State. Reasonable inquiry by the State and the defense is required. II. In appropriate cases, the State is encouraged to furnish offense reports and witness statements in addition to the above items. However, such reports and statements are normally work product of the State and are therefore protected from mandatory disclosure unless the contents are exculpatory. Such statements and reports must be tendered to the defense for cross-examination on proper request under Gaskin or related requirements. 12. In the event that photographs, diagrams or models are prepared as 'J ury aids" at the direction of the State's attorneys before trial, such items will be considered work product unless the defense demonstrates a "particularized need" for inspection thereof. 13. This order will dispose of all pretrial discovery motions heretofore filed. Because of the extensive nature of the discovery herein ordered, it will be considered that such order is acceptable to the defense pending the review of evidence and documents as ordered. In the event that further particularized discovery is considered necessary, the defense may file a Motion for Discovery, addressing only matters not covered in this Order and such Motion will be presented to the Court at the earliest practical opportunity before trial. Such motion shall describe how the additional discovery differs from this Order. The State is ordered to furnish the above inspection and copying on or before ten (10) days prior to trial. DEFENSE COUNSEL SHALL PICK UP DISCOVERY AT THE DISTRICT ATTORNEY'S OFFICE ON OR AFTER SUCH TIME. The Defense shall exercise reasonable diligence in contacting the State's attorney to arrange a mutually convenient time for the appointment. The State is ordered to prepare a list of exhibited or furnished items to be filed among the papers of this cause within seven (7) days after discovery is completed. ORDERED and ENTERED this ~_ day of ~ CODies: White - Clerk Yellow - State Pink - Defendant's Attorney 11( Cause No. [ (-U I ~ L31DS STATE OF TEXAS J l--f)I-/ 310'1 IN THE DISTRICT COURT v. /J~D/-/ § 3705 WALLER COUNTY, TEXAS bOfY]ihqf-e. Don-k usker ~ 506TH JUDICIAL DISTRICT SCHEDULING ORDER - CRIMINAL Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1. 9:00 a.m. ARRAIGNMENT 2. /1- 4-1.3 I 10:00 a.m. MOTIONS & PLEAS All parties and Counsel shall be present and prepared to discuss all issues allowed under C.c.P., Art. 28.01. 3. 1:30 p.m. HEARINGS & BENCH TRIALS 4. On or before to-days before Pretrial Hearing Date all C.c.P., Art. 28.01 matters must be filed or will be considered waived. 5. 10:00 a~m. PRETRIAL HEARING Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a trial is required, and whether trial is to the Court or to ajury. At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities. 6. ~ ---0 (") DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT FIRST AMENDED MOTION TO DISMISS TO THE HONORABLE JUDGE OF SAID COURT: Now comes the Defendant, DOMINIQUE DONTAE LASKER, by and through his attorneys of record, and submits this his First Amended Motion to Dismiss and for cause would show the Court the following: I. The State of Texas obtained an indictment for Capital Murder in this cause in January, 2011. Waller County placed a detainer concerning this cause on Defendant while he was serving time in a federal prison. Defendant has twice requested a final disposition to the indictment which was the basis of the detainer under the Interstate Agreement on Detainers (!ADA), Art. 51.14 Texas Code of Criminal Procedure. Such request also demanded a speedy trial under the constitutional proviSions of the Sixth and Fourteenth Amendments of the United States Constitution. 2. More than 180 days have passed since the District Clerk and the Prosecutor received Defendant's written notice and request. The District Clerk of Waller County received the request on July 16, 2012. The District Clerk of Waller County received a second such request on February 8, 2013. The District Attorney of Waller County received the two requests on or about July 16,2012, and February 8, 2013, as well. The second request was properly transmitted by and through the warden of the federal prison facility in which Defendant was incarcerated. FIRST AMENDED MOTION TO DISMISS PAGE 1 C:\FB\CRIM_K-O\LAskcr.DD,flI07S\11-01-13701 CM\Mntinn to Dil;miss,002.wpd 3. No delay has been sought by the Defendant. The Court has not found that good cause exists for any delay prior to the passing of 180 days. No trial has been commenced despite the passage of over 180 days. See TEX. CODE CRIM. PROC. art. 51.14, Article V § (c) ("in the event that an action on the indictment ... on the basis of which the detainer has been lodged is not brought to trial within the period provided in ... Article IV hereof, the appropriate court of the jurisdiction where the indictment ... has been pending shall enter an order dismissing the same with prejudice, and any detainer based thereon shall cease to be of any force or effect.") Davis v. State, 345 S.W.3d 71,75 (Tex. Crim. App. 2011). If the 180-day time period set by Art. III(a) of the IADA began running on February 8, 2013, trial should have commenced on or before August 7, 2013. If that period began running on July 16, 2012, commencement of trial should have been on or before January 14, 2013. 4. Defendant is entitled to have the cause dismissed under both the !ADA and federal constitutional right to a speedy trial. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.c. 1414 11 th Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By_1--,-' Frank Blazek --r--- State Bar No. 02475500 FIRST AMENDED MOTION TO DISMISS PAGE 2 C:\FB\CRIM_K-O\u.sk<>r.DD.RI075\II-OI_13703 CM\Mntinn In Dismiss.002.wpd J7 William F. Carter State Bar No. 03932800 108 E. William J. 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Mathis Criminal DistrictAttorney VValier County November 18, 2013 Mr. Frank Blazek 1414 11th Street Huntsville, Texas 77340 In Re: State of Texas v. Dominique Dontae Lasker Cause Nos. 11-01-13703, 11-01-13704 and 11-01-13705 th S06 Judicial District Court, Waller County, Texas Delivered by FAX and by Certified Mail receipt # 7002 3150 00003033 7222 Dear Mr. Blazek, Please find attached the State's proposed "Stipulation 0/ Evidence" consisting of a number of attachments. I have taken the liberty of filing these documents with the Court as well for purposes of argument in your motion for dismissal. Fred Edwards, Assistant District Attorney Waller County District Attorney's Office Waller County, Texas Enclosures th Cc: 506 Judicial District Court PS \ I No. 11-01-13703,11-01-13704 and 11-01-13/u5 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § W ALLER COUNTY. TEXAS § DOMINQUE DONTAE LASKER § 506THTH JUDICIAL DISTRICT STIPULATION OF EVIDENCE COMES NOW, the State of Texas and the Defendant through their undersigned attorneys and enters into the following stipulation of evidence for all purposes and all aspects of the trial of these causes, and would stipulate as follows: 1. The State of Texas stipulates that the State received documents marked as State's Exhibit A (consisting of eight pages) on February 8,2013. 2. The State of Texas stipulates that the State received documents marked as State's Exhibit B (consisting of five pages and an envelope) on July 19, 2012. 3. The State of Texas stipulates that the State of Texas through the Waller County Sheriffs Office obtained custody of the Defendant on May 24,2013. 4. The Defendant stipulates that the State of Texas sent by facsimile copies ofthe indictments against the Defendant to Kelly Palmer, U.S.P.O., SD/CA, on October 7,2011, consisting of five pages, marked State's Exhibit C. 5. The Defendant stipulates that the State of Texas received facsimile from Ed Perez concerning necessary forms for transfer on August 31, 2012, consisting of one page marked as State's Exhibit D. 6. The Defendant stipulates to correspondence from Waller County DA's Office to Warden USP, VictorsvilIe, CA forwarding completed lAD and required documents and USPS Certified Mail Receipt card, dated January 2, 2013, consisting of nine pages and card, marled as State's Exhibit G. 7. The Defendant stipulates to correspondence received by the Waller County DA' s Office from USDJ, Victorsville, Warden McGrew, forwarding on more forms, dated January 31,2013, consisting of two pages and forms, marked as State's Exhibit H. 8. The Defendant stipulates to a letter from USDJ, Victorsville, CA, Corrections Systems Officer dated April 8, 2013, received by facsimile attaching Prosecutor's certification and lAD VI, consisting of three pages, marked as State's Exhibit F. 9. The Defendant stipulates that the State of Texas sent a copy of the State of Texas , Texas Administrator cover letter and lAD Form VI to Linda T. McGrew, Warden, USPO, Victorsville, CA on April 17, 2013, consisting of three pages and U.S. Postal Service Receipt, marked as State's Exhibit E. 1 i · . 10. The Defendant stipulates that the Waller County DA's Ouice received from USDJ, Victorsville a facsimile correspondence acknowledging receipt of Waller County DA's Office letter of March 20, 2013, this facsimile received April 9, 2013, consisting of one page, marked as State's Exhibit 1. 11. The Defendant stipulates that the State of Texas sent a letter to the Warden of FCC-USP, VictorsvilIe, CA providing a lAD Form VI signed by the Texas lAD Administrator, on May 1,2013, consisting of three pages and envelope, marked as State's Exhibit J. Agreed to this the _ _ _ day of _ _ _ _ _ _ _ _ _ _ _ _:, 2013. Defendant's Signature Sworn to and subscribed before me on _ _day of _ _ _ _ _ _ _ _ _ _ 2013. County Clerk, Waller, County, Texas Approved: Frank BlazekIBilly Carter Attorney for Defendant Elton Mathis Criminal District Attorney, Waller County Judge Presiding 506 th Judicial District Court 2 t? U.S. Department of Justice ." 2D13 r"'~ Federal Bureau of Prisons 3 !"I[J:~'1 Federal Correctional Complex Office of the CorrectIonal sysO ........'--~--I~4-!1-1.-Ao(145 / of which I am the (Title of Prosecuting Officer) j)iS-\VI.,'~t ij H O;1J\1~ • Said inmate is therein charged with the offens s) enumerated below: 1- O:f'f_n.e (.) t \ - o.-f,.{ @ Cp.y~-t~1 Ml.4v.oev-l\-OI- 13 =ro .. /?C&4Jli""( J~VJ)...n\... LI-{)1-13":/Oy....jX) t,:::;CYr I propose to br nq this parmon to trial on t II (indicate appropriate) I nd ctment f"eOla~dllt) w1thin the time specitied in Article IV(c) of t.he Agreement. In order tb.~ proca.dinq~ in this matter may be properly had, I hereby request temporary custody or such paraona pursuant to ~rticle IV!., of th~ Aqreement on DetAinere. Attached herewith find in triplicate: a . CertiCi.d copies of the complaint, intortnat1on or indtctment b. Certified copies af the warrant c. Certified cop1es of !inqerprints, phocoqraph~ or physical description I bereby aqre. that immediately atter trial is completed in th1s jurisdiction, ! will return the prisoner directly to you or al).ow any juri.diction you have dQs1qnated to take t.mporary custody. I aqree 41so to co let. Form IX The Notice of Dis osition ot II Detainer immediatel after tr1al. Printed Name and Signatur : ~ _ Title t ~ . Date ~ ------- / No"v \= \.1.,ON r:: 1'\ 11:.. tJ\ '"' t'.. PI "\\..5' , .. L~i'\.4II\1.... I J/ls t?,'c.... PH 0'" 11) ""''"' 20 Address: City/State: '1-=t4'1-S;- Telephone No.: LP'15' tl'.l.H. . s+(-td \~oe~p6-bt-c:..I~ ,T"~ ~ - 1\- RFQt1ESTOR ~tm ~ '~A.;~· DomInique Dontae Lasker _'_~_I~w..r'~ ---. Authorizated by the Act of ' WITNFSS-PRISON S'I \1+ ~lE~3Ufy 7, 1955, as amended, corlF:s: (ml(il~ ,\1 Ii' f)1~1r.IrT ,o\1R(fiMjt~{~~JW(Q4th$()~tar('( JI1/l~ 10 /If ISLI) \\HIIIU'/)I'l q '/( J(()I'H1 II II! IlIS\/IS'.-I1. Al.so: I~('II 'Ill I)(}( I \1/ ,:, , /1/1. W ~f:/{ ,\ST;11F1 .oI/'i/' P. \'111/ PI ),\1/11 I· ,"01 'I~ '\1 ".: II.".:'·~ ~1\l"11 ()"I~ l\ to G\~, S. \\ (. C I ':) L.1I \ t' 1\ £: h \ p,\,"\ c ~J. 1 x.) '7 7 t.j ~-5 Datc:' ~O, ~ I 07 /3 ~ - .. ~~------ . Dominique Dontae Lasker ~ CERTIFICATE OF SERVICE I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10 By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville USP/FCC, at Adelanto, California, on this ~ day of \""\lr-____, 20 =""-,-",\M.J"""""".;....' _ _ _'-.:....\...t..LA..=- 12 ,with sufficient postage affixed. It would be \ noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 1) . District Court, 506th District 2). Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors Waller County Courthouse OFFICE 836 Austin Ct., Room 318 FOR WALLER COUNTY Heapstead, TX 77445-4673 ~'~ D;ique D ~Lasker~ = Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301 VII' Law Library Formsl Certificate ofSc:rvlce (Rc\'. HilI) · , VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012 PAGE 001 * COMPUTATION DATA * 15:38:24 AS OF 04-04-2012 REGNO, .: 22867-298 NAME: LASKER, DOMINIQUE DONTAE FBI NO . . . . . . . . . . ,: 201461KD5 DATE OF BIRTH: 03-21-1984 ARS1"" ..... , ... : VIP/A-DES UNIT . . . . . . . . . . . . . : 6 A QUARTERS .. , .. : F61-119L DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO HOME DETENTION ELIGIBILITY DATE: 02-13-2019 THE FOLLOWING SENTENCE DATA IS FOR T~~'S CYRRENT CQM~TMENT. THE INMATE IS PROJECTED FOR RELEASE:C08-13-2019 VIA GCT REL " ~ -- ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . ,.: CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMBER. , .. , . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00 RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50 -------------------------CURRENT OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A),(D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010 G0002 MORE PAGES TO FOLLOW . ..,jill:: •• ~~. Dominique Dontae Lasker I/I~"" .S;'J ·~·t:.:.rmplete Ilem. 1. 2. and 3. Aleo complete item 411 Reetrlcted Delivery I. daeirlQ, I Print your name and addreaa on Ihe rev.,.. so that we can rwtum the card to you. I"';. B. RMIIWd I Attach thl. card to the back at the mallplac:e, . or on the front It space pennlt-. D. I, dIIIIIry add!-. dlfI'wwIt fn:m Item 11 VIe· I' Vea. ...._ dlllYery ~ beIowI:. 0 No 7012 1010 0001 9924 2234 corn.tIo R8Iim Rec:e/pV'. - -- ' .~, ID9 UNITED STATES POSTAL SERVICI!. IIIIU ~4454-$-,-. --~-I-'II-ll-'I'-II'-I'-II'-h'-'~-'I-IIl-~l-lh-~-,.l~II'~'I~~'~lli~lt.~,U~'I~lb~111-~~:·-.~--~o· !I£) ·, 645 12th Street Hempstead, exas 77445 Elton R. Mathis (979) 826-7718 (979) 826-7722 Fax Criminal DistrictAttorney 'lValler County April 17,2013 Texas Administrator - lAD c/o Ms. Donna Bell P.O. Box 99 Huntsville. Texas 77320 1h RE: Dominique Dontae Lasker - Capital Murder Charges in the 506 Judicial District Court of Waller County. Texas Dear Ms. Bell: It was a pleasure speaking to you earlier today. I am enclosing lAD Fonn VI for the return of Dominique Dontae Lasker to face capital murder charges in Waller County. Mr. Lasker is currently serving time in a federal prison facility in California for bank robbery. Do not hesitate to contact me with any questions or concerns you may have or if you need further documentation. Sincerely yours. 5;;:;?~ Elton R. Mathis Waller County District Attorney Enc. ..... T .. - iIP-AO')fi4 lAD FORM VI - EVIDENCE OF AGENT'S AUTHORITY CDfRM ill'R 10 U.S. DEPARTMENT OF JUSTICE FEDERAL BUREAU OF PRISONS Five copies. All copies, with original signatures by the Prosecutor and the Aqents, should be sent to the Administrator in the RECEIVING State. After signing all copies, the Administrator should retain one copy for his file, send one copy to the Warden, Superintendent or Director of the Institution in which the prisoner is located and return two copies to the Prosecutor who will give one to the Agents for Ilse in establishing their authority and place one in his file. One copy should also be forwarded to the Agreement Administrator in the sending file. Evidence of Agent's Authority to Act for Receiving State To: (Administrator and Address) ~~c.. .. l.' S ~ ~..J4. -r: ~(!.~r~ ~..,.J.c,... J 1>.0. Be, i- -rIf" 0 " ~,. \I d 1~ ,. Co ~A Inmate (Name and Register No.) is confined in (Institution and address) J...~'5\.(r) VD"'~':"I"~e. Do~e. Fl!.C. " ~ c..-t-o, "\ \\e., 6""f \~'f. - uS ~ P.o. 1;0 'f- '5' J{D 0 ~()lS~,- zq~ 4~+() C ~nrl 11 b~ t.:1kclI i l l l u c.:USt0Uy dt .::;aid Inscitution on (date) wi for re turn to the Coun t y 0 f _ _ _ _W~r_;_A~~;;.;;k.=E~K.~----------------, S tate 0 f Texlt S '- for trial. In accordance with Article V(b), of said Agreement, I have designated: gent's Name and Department Represented ~£rf= 1ly,U>J &ssd: whose signatures appear below as Agents to return the prisoner. (Agent's Signature) (Agent's Signature) Dated prosecuti~cial's Signacure --- zOI'3 ~~V1-- -. .i>.t4 . I I/- a. b. d. City/Statra - a. rel.phon~ No - Ik lt4 ,s -" ~ r(. c. sv1dence or Aqent'. Aut~or1ty Continued To: (Warden-Superintendant-Director) }...,4 -r: cJpa,rA.~. ~...,~ I'- In accordance with the above repreeentat10tl8 and the provi~1ons of the Aqreemrant on Detainer~, thea persons listed above Mre hereby d •• iqnated as Agent. for thra Stat«l ot TEr)(R S to return (InlI!a te' s Name ~. e-/81,Ug ,Stau of __ ~ , tor trial. At the ~~t1on o~th. trial (rnmate) I-ASJ4{1i!. Pof¥\:r~r:61t.J0/10 39';1d ,. . • CoacIl.Cioa d r.ud will US::M a. Agree that said 1aJD4te will be provided ••~eteepin9, cu,tody, an itC ~ sallie left! ~f ! .._ reapon.1Dl1ity for th.t custody to includ8 provic1inq the in.au W ,....~ ~.cur1ty ~.qu1red by Bureau of Pri.on. Pollcy. • b. Agre. to repart to the Bureau of PriGons ADy probl..s " t ed with ui.d iZUD&at, assQC~ .. 0 ~e.Mftte include di.cip11nary probl"' 6 medical ~genci •• , suicide attempt, e~cape or a- ~ . escape or any o~r proble. arising duriDq ~tment. c. AQree not to relea.e .aid inm&~e on bail o~ bond or to caa.it thea to an in!t1tut1on to .arvica ot any aent.nce tmpo.ed in conn.c~iOD with our pro •• cution. d. Aqr•• to returD said inm.te ~o tha federal inatit~~ion from wbicb ~hey were obtained at the conolu.ion ot the 1nmate'8 appearanc. in the proceeding tor wDich oD~ned. e. Afgr.e to notify the local jail authority o~ tbe respons1bl1ity to return the inmate to eder.l cu.tod • • !!!!U;~-;=.~.~"=.!Il~::'~C:t~:.:;!::=.~t::M=J.~D;::.:.:tr=1::O:t ecu !:c!:.!ro: DCJ Of cia tor the Stat. ot ! ' - . I ~------------~'- erebY .UbmJt the following in!Ormation in ' cQDnection ~.mpor.ry cu.tody ot LA.... ~ 7 • I with my reque~t fOE , l'QUa DOftM, .....al. ....J..t:u _ . , . 2281'7-2tl. 1. Name ot laCil:1ty locaU l~oz.at1aa confined durin 2. Scheduled date f i •• 1 r~:;';~nDta·C.. t peraon, and phone number Where the inmate will be Or trial. 3 Proj • ected date of return of cuatocly; tne pdsoner to federal c~erk Of th 45U!ng writ • COUrt. ' n~e o~4 the jUdtre ." , and nilDle , address, al1d 7. Signature and another "al t eJ."lla ti V'e i • .. not SWOrn b .... ----:- ---------- ..... orB (Date): Date 8. Signature of Notary PUbllC Copy - Central File This !OZ'lb replacea BP-SS6S d td 1'£8 93~ BSLSBESB9L SZ;:Bl EIBl/80/vB /15 s TO: (AdminiS1:.rao:.cr and Ac:lc:lxes ) is confined in (Institution and address) Inmate (Name and ~eg18ta~ No.) ____-------------- for ,St-a.te of rot"'" and willtobQthOtaken intoofcustody at ,.id Ino t~" JAN 2013 PM ~. _ . CA r'~ ~~ . . I '~.~. • Sender: Please prtnt your narnet, addresS', and rH!!f4:1n:tbts"bmr-t ~ CRIMINAL DISTRICT ATTORNE WALLER. COUNtY 64& 12TH STREET' HEMPSTEAD,. TX 77445 c c' . u. , - ;j : .. , ,. ,",, III I' Ji H,,..lI,, .11, lilt,.'" b'," I",'.'I'"''PI I 1/ I/i u.s. POstal ServiceTM • CERTIFIED MAILM RECEIP (Domestic Mail Only; No Insurance Coverage Provided) Postage , 04it5 a a CQnJfled F. . 05 a Postmark a Retum RecJept Fee He.. (EndorMment Requlred) a Restrtcted Dallvery Fee 1--.......~~:.e'---1 ~ (Endorsement Required) f -_ _""SO'-",.;...OO"----i m Total Postage & Fea8 $ 6 _?a:&? 01/10/2013 ~ ~:?~~-,-~~~-~-~-r_~-------_, a ~ ~~~~~'~~-~~Il-l~~-----.-~,~-,---------------,-----,---------,---------,------1 /Ir;' Date/Time 01-09-2013 c 04:06:37 p.m. Transmission Report --------------------------------------------------~ Transmit Header Text WALLER CNTY D.A. MATHIS OFFICE LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE LocallD 2 Local Name 2 This document: Confirmed (reduced sample and details below) Document size: 8.S"xll" Elton R. Mathia , _-.(J../()O "~c.~r"d\~ C!..A Inmate (Name and Register No.) is confined in (Institution and address) J....6."S\.( r) VD 4'J'.""i.t;'e.. 'Do,d:c,..e.. FCC. ,,\ b-r - 2'1 ~ A I AI'\. .fo o(tl\::&"I-/%:61ucF ;;>0;..171'9 ~ .2bl~~- c:Jl9rz.. shall be returned to the (Institution and Address) : ~a.C V."c,,-!rvtl;/!e- t!oft4.tk)(' - vSp P. D . 6b)( :5"1'1) 0 ;4,/~ /.,..,b) Ct1" 90 Ln..",l c. City/State Telephone No. c;i. POf" l D LJU Prescr1bed by PSS75 2 SOClO:J3C:! 139L99E999L 1:'9/1;>9 39ttd I i I 13ft; Cause No. \\-D 1.. 192103 STATE OF TEXAS )1--2' - I ~ 7 all IN THE DISTRICT COURT JI-i)I-/~'70S v. § WALLER COUNTY, TEXAS § "D21n i r\1 o/L k l),iY)Z/t'./ Laskec § 506TH JUDICIAL DISTRICT SCHEDULING ORDER - CRIMINAL Defendant and counsel shall be present at all hearings. Except as otherwise modified by the Court, and pursuant to Article 28.01 of the Texas Code of Criminal Procedure, a Pretrial Hearing and other matters are hereby Ordered set as follows: 1. 9:00 a.m. ARRAIGNMENT 2. .-11):00 a.m. MOTIONS & PLEAS /,'80 All parties and Counsel shall be present and prepared to discuss all issues allowed under C.C.P., Art. 28.01. 3. ,-2-- U-[1 V :DO .1''1 p.m: HEARINGS & BENCH TRIALS £.,/5 (fvm 1-10-11- ~"~ 4. On or before to-days before Pretrial Bearing Date all C.C.P., Art. 28.01 matters must be file~ ;:ilIbe considered w~ed. 5. 10:00 a.m. PRETRIAL HEARING q;oo Pretrial hearing date is also the Plea Bargain Cutoff date. State and Defendant will announce whether the case will plead or if a triill is required, and whether trial is to the Court or to ajury. At the Pretrial hearing all motions and other matters not previously ruled on will be heard. All parties must file and serve on opposing counsel the following: I) Motions in Limine; 2) briefs and authorities on known issues that will be presented for hearing. Further, all counsel shall advise the Court of any special needs for presentation of their case, including technology requirements, interpreters or accommodation for disabilities. 6. 9:00 a.m. JURY TRIAL Final trial date & time will be set immediately after the Pretrial hearing. Defendant has received a copy of the Indictment and is the same person charged therein. Defendant waives formal Arraignment and reading ofthe Indictment and enters a plea of NOT GUILTY. Dated: _ _ - - I. . I_,. -'~'"'- ~_l-l±'-____ · , replacing prior Scheduling Orders. Defendant's Signature Counsel for State ALBERT M. McCAIG, JR., Judge Presiding Copies: White--Clerk Yellow--State Pink--Defendant Gold--Defendant's Attorney 137 c; , --~ CAUSE NO. 11-01-13703 CJ rl THE STATE OF TEXAS § IN THE DISTRICT § -i -0 -..u ~~/ {.(. .,'. J.~J.JiU,tl1.l @) L06J.. t u_':>0':'1..-+,-"L.1 • Us Elton R, Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445 Frank Blazek . AGREED MOTION FOR TRANSCRIPTION OF PRETRIAL HEARINGS PAGEl C,IN,tS ..",IFB\CRlM.K·O\!..&,;',.UO.& 1075\11.01·ll701 CM\I>IoU.., forTJ&n,er 9, 2013, Counsel for Defendant only invoked the 180-day rule at the February II, 2014 hearing. Counsel did not want to waive any right to a dismissal for violation of the 120-day rule should it be determined that 180-day rule was not applicable. 6. Defendant believes that it is appropriate for the Court to rule on this motion by submission. The relevant facts are clearly developed in the record and the prior court hearings have been transcribed for review. WHEREFORE, PREMISES CONSIDERED, Defendant prays that this Court will Order the indictment herein be dismissed with prejudice. Respectfully submitted, SMITHER, MARTIN, HENDERSON & BLAZEK, P.c. 1414 lith Street Huntsville, Texas 77340 (936) 295-2624 (936) 294-9784 [Telecopier] By __~~~N________________ Frank Blazek State Bar No. 02475500 MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 3 C:\N'etShare\FB\CRIM_K-O\Lasker.DD.81075\11.OI_13703 CM\Motion to Dismiss for Violation of IADA:wpd William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT Certificate of Service I do hereby certify that a true and correct copy of the above and foregoing Motion to Dismiss for Violation of;the Interstate Agreement on Detainers has been forwarded to opposing counsel on this the .LL- tl\iay of July, 2014, by U.S. Mail, postage prepaid, and addressed as follows: Elton R. Mathis Criminal District Attorney 645 12th Street Hempstead, Texas 77445 Frank Blazek MOTION TO DISMISS FOR VIOLATION OF THE INTERSTATE AGREEMENT ON DETAINERS PAGE 4 C;\NetShare\FB\CRlM_K-O\Lasker.DD.81 075\11-01-13703 CM\Motion to Dismiss for Violation of IADA.wpd CAUSE NO. 11-01-13703 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT ORDER BE IT REMEMBERED, that on the l!fts.day of X. Cy ,2014, came on to be considered the above and foregoing Motion to Dismiss for Violation of the Interstate Agreement on Detainers. After consideration of the same, it is the opinion of the Court that Defendant's Motion be: t:J{ ) GRANTED, and the indictment is hereby dismissed with prejudice. t7q) DENIED, to which ruling the Defendant excepts. SIGNED: C:INetShare\FB\CRIM_K.O\LaskeLDD.S I 075\11·01·13703 C~N"lotion to Dismiss for Violation of IADA'\\l'd 157 Attorney Fee Voucher .M.!risdiCtiOn 2. County 3. Cause Number Offense 4. Proceedings CtLfil~a~ ~vd..Ly District DCounty DTrial-Jury DTrial-Court ~ 11--01- jj'103 DPlea-Open DPlea- Bargain DCounty Court at Law {5v I VHe.S ll- 0 [- i~10L1 (Y\Lvr dJ>r Court # 5a?;--i-d- DOther 11- tH- 13'10 ~ fY\,uA--oLc/( r210Y'v11 1\~O (I e/ ~6Y\..+Cte/ (as/:!/ 5. In the case of: State of Texas v 6. Case Level '- J&l Felony I D Felony II D Felony III D FelonySJ D Misdemeanor D Juvenile D Appeal DO Capital Case D Revocation - Felony D Revocation - Misdemeanor DNo Charges Filed D Other 7. Attorney (Full Name) 9. Attorney Address (Include Law Firm Name if 10. Telephone heV\t.AG ~lrr, (936) 294-9784 [Telecopier] --::r... Co.) .::-(r-O -1::0 ,." r"l"J- :-...: -. UJ ;;.;.. en NOTICE TO PREPARE REPORTER'S RECORD PAGE I C:\NetShare\FB\CRIM_K-O\Lasker.DD.BI 075\Mandamus\Notice to Prepare Reporter's Record 11-01-13703 .wpd William F. Carter State Bar No. 03932800 108 E. William J. Bryan Parkway Bryan, Texas 77803-5334 (979) 779-0712 (979) 779-9243 [Telecopier] ATTORNEYS FOR DEFENDANT CERTIFICATE OF SERVICE I do hereby certify that a true and correct copy of the above and foregOing Designqtion Items to Be Included in the Record has been forwarded to opposing counsel on this the~"-aay of September, 2014, by U.S. Mail, postage prepaid, and addressed as follows: Elton R. Mathis Criminal District Attorney 645 12th Street . ~J1 Hempstead, Texas 77445 Frank Blazek NOTICE TO PREPARE REPORTER'S RECORD PAGE 2 C:\NetShare\FB\CRIM_K·O\Lasker.DD.81075\Mandamus\Notice to Prepare Reporter's Record 11-01-13703.wpd CAUSE NO. 11-01-13703 THE STATE OF TEXAS § IN THE DISTRICT COURT OF § VS. § WALLER COUNTY, T E X A S § DOMINIQUE DONTAE LASKER § 506TH JUDICIAL DISTRICT DESIGNATION OF ITEMS TO BE INCLUDED IN THE RECORD TO THE HONORABLE JUDGE OF SAID COURT: Now comes DOMINIQUE DONTAE LASKER, Defendant in the above-entitled and numbered cause, by and through his attorneys of record, and requests that the following instruments be included in the record for the Petition for Writ of Mandamus pending in the First Court of Criminal Appeals under Cause Number 01-14-00630 styled In re Dominique Dontae Lasker: All pleadings and documents on file in Cause No. 11-01-13703, including: 1. Indictment; 2. Notice and Demand to District Attorney!Prosecutor for Trial or Disposition of Warrants, Informations, Detainers or Indictments by Federal Prison dated July 2,2012; 3. Notice of Imprisonment and Request for Speedy Trial and Final Disposition dated July 3,2012, with small piece of paper indicating "no action at this time" initialed "AM"; 4. lAD - Placement of Imprisonment and Request for Final Disposition dated January 30, 2013; 5. Certificate of Inmate Status dated January 30,2013; 6. lAD - Offer to Deliver Temporary Custody dated January 30,2013; 7. Order Appointing Counsel dated June 6, 2013; 8. Defendant's First Amended Motion to Dismiss dated October 29, 2013; o'"?i- rrJ ~ "'0 9. State's Response to Defendant's Motion to Dismiss; C -of -Q --i - :~ . . Dominique Dontae Lasker VIP Law Library Forms:\iotlceSpeedyTrJal-Detainer If~ev 9'11) In CERTIFICATE OF SERVICE I, Dominique Dontae Lasker ,hereby certify that I have served a true and Notice of place of imprisonment and request for complete copy of the following: speedy trial and final disposition ... pursuant to: Tex. Code. Crim. Proc. Ann. Art. 51.14, and Tex. Constitution, Art. VI, § 10 By placing the same in the care and custody of prison officials of the United States Penitentiary, Victorville lJSPIFCC, at Adelanto, California, on this ~ day of _ _ _'>.;,.,.,\. J,.=:;c. . .~" ~\ O. .~\:. . .\l. .\I,. . - _ _ _ _ , 20 12 ,with sufficient postage affixed. It would be \ noted that this service would be deemed filed at the time it was delivered to prison authorities for forwarding to the court. see: Houston v. Lack, 487 U.S. 266, 108 S.Ct. 2379, 101 L.Ed.2d 245 (1988). This service was addressed to the following party or parties: 1). District Court, 506th District 2). Attn: Patricia Spadachene, District Clerk District Attorney/Prosecutors Waller County Courthouse OFFICE 836 Austin Ct., Room 318 FOR WALLER COUNTY Heapstead, TX 77445-4673 ~i ~4 ITlillique D ; Lasker~ . . . . Reg. No. 22867-298 United States Penitentiary Victorville FCC PO Box 5300 Adelanto, CA 92301 VIP Law Library Formsl Certificate of Service (Rev. 8/11) ·. VIPC3 540*23 * SENTENCE MONITORING * 04-04-2012 PAGE 001 * COMPUTATION DATA * 15:38:24 AS OF 04-04-2012 REGNO .. : 22867-298 NAME: LASKER, DOMINIQUE DONTAE FBI NO . . . . . . . . . . . : 201461KD5 DATE OF BIRTH: 03-21-1984 ARS1 . . . . . . . . . . . . . : VIP/A-DES UNIT . . . . . . . . . . . . . : 6 A QUARTERS ..... : F61-119L DETAINERS . . . . . . . . : YES NOTIFICATIONS: NO HOME DETENTION ELIGIBILITY DATE: 02-13-2019 THE FOLLOWING SENTENCE DATA IS FOR T~E'S CURRENT COMMITMENT. THE INMATE IS PROJECTED FOR RELEASE:C=08-13-2019 VIA GCT RE~~. --- - ----------------------CURRENT JUDGMENT/WARRANT NO: 010 ------------------------ COURT OF JURISDICTION . . . . . . . . . . . : CALIFORNIA, SOUTHERN DISTRICT DOCKET NUMEER . . . . . . . . . . . . . . . . . . . : 10CR4732-DMS JUDGE . . . . . . . . . . . . . . . . . . . . . . . . . . . : SABRAW DATE SENTENCED/PROBATION IMPOSED: 12-16-2011 DATE COMMITTED . . . . . . . . . . . . . . . . . . : 01-12-2012 HOW COMMITTED . . . . . . . . . . . . . . . . . . . : US DISTRICT COURT COMMITMENT PROBATION IMPOSED . . . . . . . . . . . . . . . : NO FELONY ASSESS MISDMNR ASSESS FINES COSTS NON-COMMITTED.: $200.00 $00.00 $00.00 $00.00 RESTITUTION ... : PROPERTY: YES SERVICES: NO AMOUNT: $2,714.50 -------------------------CURRENT OBLIGATION NO: 010 --------------------------- OFFENSE CODE .... : 551 OFF/CHG: 18:2113(A), (D) AND 18:2 ARMED BANK ROBBERY AND AIDING AND ABETTING. (CT. 1) SENTENCE PROCEDURE . . . . . . . . . . . . . : 3559 PLRA SENTENCE SENTENCE IMPOSED/TIME TO SERVE.: 37 MONTHS TERM OF SUPERVISION . . . . . . . . . . . . : 3 YEARS DATE OF OFFENSE . . . . . . . . . . . . . . . . : 10-30-2010 G0002 MORE PAGES TO FOLLOW . . !1! ,,. ...,~ ,, ''\,.~"'.;.>' •.JtII' ......... , .. Mr· Dominique Dontae Lasker . Fed. Reg. '2286T-298 .~.~·;.f',t :t~~ft.~~""',t r~)~;~· ~_.}J'i. "~:.~'..:..~~) I'f'If~~~': '~~'~""', ... _. :..0 ..·..........,' -. .,,~ I " r,;""~ United States Penitentiary Victorville P.O. l1OX. 3900 j oJ },Ul, )1:}J?~"'~'~;:; t :::::~- , . . . .. ~ ~- _.,;;u-~i,.""'·~· ADELAN'ID, CA. 92301 lin, District Attorney/Prosecutors Office I' 'I, For Waller County ':tegal Mai 1" 2Y b ~--,-sJn:~L .Su!'L-c I "" I' ( _ _....\ \("(,t_ ••• ....) , ii Ii iii iii 1 ! J I f " 1I ! I ! ! t PI! I I P ! ! ! ! , I iii ~ I , ! ! ~ jii i i i ii ! ! ~ , "' ! ! ! ! ! ~ ! ~ ~ ~ ! ! 5 • Transmission Report Date/Time 01-09-2013 04:06:37 p.m. Transmit Header Text WALLER CNTY DA MATHIS OFFICE LocallD 1 9798267722 Local Name 1 WALLER CNTY. DA OFFICE LocallD 2 Local Name2 This document: Confirmed (reduced sample and details below) Document size: B.5"x11" Elton R. Mathis (979) 826-n18 Crininal Distric:t Attorney (9791826-7722 Fax W=iller County January 2. 2013 Warden United States Penitentiary Victorville FCC. P.O. Box 3900 Adl!lanro. Califomia 92301 In Re: Inma1e DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden. PII!aSl! find our county's request for temporary custody so that Irvnate OominQue Dontae Lasker may stand trial for Capital Murder in Waller County. Teus. I have attached certified copies of the indiclments and warrants In this matter. There are no fingerprints or photographs because the Defendant ned our Jurisdiction before arrest. He was ho_ver intervie-.i by Texas Ringers there in Califomia. if there is anVl hi ll8 more that is needed to facilitate this temporary transfer, please let me know. 8estfrdS, /' / 0 ~..f:.!.~~ First Assistant District Attorney Waller CountV, TI!us EXHIBIT is' ~ Total Pages Confirmed: 8 Remote Station Start Time Duration 7605305750 04: 04: 15 p.m. 01-09-2013 00:01:41 Abb revlatl ons: Hs: Host send PL: Polled local MP: Mailbox print TU: Terminated by user HR: Host receive PR: Polled remote CP: Completed TS: Terminated by system G3: Group 3 WS: Waiting send MS: Mailbox save FA: Fall RP: Report EC: Error Correct co:py 1. 645 12th Street Hempstead, lexas 77445 Elton R. Mathis (979) 826-7718 (979) 826-7722 Fax Criminal District Attorney VValler County January 2, 2013 Warden United States Penitentiary Victorville FCC, P.O. Box 3900 Adelanto, California 92301 In Re: Inmate DOMINIGUE DONTAE LASKER, 22867-289 Request for Temporary Custody (lAD Form V) Dear Warden, Please find our county's request for temporary custody so that Inmate Dominque Dontae Lasker may stand trial for Capital Murder in Waller County, Texas. I have attached certified copies of the indictments and warrants in this matter. There are no fingerprints or photographs because the Defendant fled our jurisdiction before arrest. He was however interviewed by Texas Rangers there in California. If there is anything more that is needed to facilitate this temporary transfer, please let me know. Be;i,2/~ ..-r~ Frederick A. Edwards ~ First Assistant District Attorney =--- Waller County, Texas 7613531357513 RECORDS PAGE 02/03 :09/05/2012 08:35 81?-S568.051 LAD FORM V - REQt1,BST FOR TEMPORARY CUSTODY CCFRM JlllAUl.t.Q FEB 94 t1 • S. DEP~ OJ' JUSTICE nDERAL Bl.JUAU 01' PRISONS six copie.!l. Signed copiu M1.I8t be !Scn~ 1:.0 the pdsoner and 1:.0 the o.fticial who hu the pr.isoner in cu~~ody. A copy !Should b. ~ent ~o ~he Aqre.ment Administrator of both the $.nding and the rec.i~ing !!tate. Copi •• 1Ihould be. retained by thQ person Ulinq the request a.nd the judga who signs the rQquQ~t. Prio~ to tran~f.r ~nder thiS Aqreement, an Inmate may be afforded a judicial hearing (Cuyler) si~lar eo that provided und~r the uniform Extradition ~ct, in which the inmatQ m~y bring a limitmd chall.nge to the rec~ivin9 .tate's requ •• t. To: (Warden-Superinten~ent-D~rector) - Ins~ituti~n and Addre.!l.!l ~ 1)tV;t;c1 .s+", t..s ?el\)1 f~Nf'Ar:;~ viGfo~v'd It }-CC' J 7-0. Eox.3qO~ ~De{~j})oS' Please be advi sed that (Name of Inmate) );0,,",,11\1 J tf LA Ii j)OI\J1 At: LrtS KeI2..12Jflr-- 1.'11, who ~ ~;~~~y an inmate of your inst.it:ution, is under [indicate appropriate] ~d~~~-=- f"i9~eR\at:ion) (-complaint) in the (Jurisdiction) SOG ~~ Col W~lleV"Co(..4lvtyl-e'(145 of which I am the (Title of Prosecuting Officer) l5js"\-V1~c.f H' R OY1J\J~ Said inmate is therein charged with the offens sJ enumerated below: (j) -t Ofran.a(s) (.J) :1 " Ai) ta,. ,. Il- 0 I-I f;c I l C p. Y ~ ~ I M l..4 V 0 e v- l \ - 0 I - 13 =103) C.. fl ,: "= ... { Jk"", V IVY!- L I - 0 I - 13 7° r f-:::V M '" y Q.;' l - I propose to bring this per301'l to trial on thie [indicate appropriarej (indictment f$$f Iii! lot.,... '~OI,~:hjt) "'i~hin the time specified in Artiela IV(c) of the Agz:eement. In order that proce.dinq~ in this matter may be properly had, I hereby rQquast temporary cU3tody o~ ~uch per$ons pursuant to ~rticle IV!., of thB Aqr.ament on Oat4in.z:e. Attached herewith find in triplicate: a. Certifi.d copies of the complaint, information or ind.i.ctment b. Certified copies of the warrant c. Certified coples of finqerprint$, photoqraph~ or phy~ical deSCription I hereby agre. that immediately after trial i~ completed in th.is juri~diction. I will return the priSoner directly to you or .. lJ.ow any juri.diction you have designated to taKe temporary custOdy. I aqreQ al!!o to com l.te Form IX, The Notice of Oi8 osition o! a Detainer, immediatel a~ter trial. Prineed Name and Signatur Ti.tl,e l.:Dis tv.7 l• C;.J . Date E \ ",ON Q.. tv' pd\"'\S CR,,"',NA. ,cHi 011 NoV J,~ 1 20 I: Address: Ci ty/seate: -::;7 4Lf. ~ Telephone No. : LP4 5" l'QtJ,...s+{'~d \-\-e'W\..?5--bec..1~ IT~XI4.5 q-:r'1. - g2& - 7-=1/~ I h~reby certify that the person whose signature appe~rs above 1s an appropriate officer within the me~.ninq of Ar:ticle IV (a) and that the fact:s recited in this request for tempora cuatody are correct: And that havinq duly recorded said reque~t, I hareby transmit it !or aC~i'~n in . cordance wit:h it. ter.m and the rovi~iol'1s of th~ Aqref!t".en~ on Detainers. Judge's Print~d N~e and Signature A I b.4v\ M. Me c.t:A.\ City/State Telephone No. eY'A s-t-e;-\)), W~ ll-ev- COl...Vl.A-t 0"1 {,>J (This for.m may be replicated via WP) /95 NO. _/_I_-_t_I_-_'_1_1_"'1_-t_..J"__ THE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS DOl\UNIQUE DONT AE LASKER ~),_t; ti JUDICIAL DISTRICT BIM DOB: 03/2111984 Charge: CAPITAL MURDER ~ ~fl Section: 19.03 Degree: CAPITAL FELONY t~ INDICTMENT ~ ~i~; IN THE NAME AND BY THE AUTHORITY OF THE STATE OF TEXAS; The Grand Jury for the County of Waller and the State of Texas, duly selected, ,r ~I~ ~ ~ empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the E 506th Judicial District Court of said County, upon their oaths present in and to said Court at said tenn that DOMINIQUE DONTAE LASKER, hereinafter styled Defendant, on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment, in Waller County, Texas, did then and there intentionally or knowingly cause the death of an individual, namely, Stanley Ray Jackson, by shooting Stanley Ray Jackson with a fIrearm, and did then and there intentionally or knowingly cause the death of another individual, namely, Janella Edwards, by shooting Janella Edwards with a firearm, and both murders were committed during the same criminal transaction. The Grand Jury for the County of Waller and the State of Texas, duly selected, empanelled, sworn, charged, and organized as such at the January tenn, A.D. 2011 of the 506 th Judicial District Court of said County, upon their oaths present in and to said Court at said term that DOMINIQUE DONTAE LASKER. hereinafter styled Defendant. on or about the 11 m day of MARCH, 2010, and before the presentment of this indictment. in Waller County, Texas, did then and there intentionally cause the death of an individual. namely. Stanley Ray Jackson, by shooting Stanley Ray Jackson with a firearm. and the defendant was then and there in the course of committing or attempting to commit the offense of robbery of Stanley Ray Jackson. AGAINST THE PEACE AND DIGNITY OF THE STATE. Foreman of the Grand Jury Cause No. 11-01-13703 TIlE STATE OF TEXAS IN THE DISTRICT COURT OF VS. WALLER COUNTY, TEXAS DOMINIQUE DONTAE LASKER 506TH JUDICIAL DISTRICT Black/Male 008: 03/21184 CAPIAS INSTANTER TO ANY PEACE OFFICER OF THE STATE OF TEXAS - GREETINGS: YOU ARE HEREBY COMMANDED to arrest DOMINIQUE DONTAE LASKER and him safely keep so that you have him/ber before tbe Honorable 506TH District Court of Waller County, Texas, at tbe Courtbouse of said County, in Hempstead, Texas, instanter, tben and tbere to answer tbe State of Texas upon an indictment pending in said Court, changing him with CAPITAL MURDER MULTIPLE, a felony. HEREIN FAIL NOT, but make due return hereof to this Court forthwith, showing how you have executed tbe same. Witness my hand and seal of office, at Hempstead, Texas, this 27th day of January, 2011. PATRICIA JAMES SPADACHENE WALLER COUNTY, T XAS -.:1 / f ~ ~d£d/ / FiHaggard, Deputy SHERIFF'S RETURN CAME TO HAND the ___ day of _ _ _ _ _ _ _ , at _ _ _ o'clock __.m., and executed by arresting _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ At , in _ _ _ _ _ _ County [Text truncated at 120,000 characters. The full text is on the page linked above.] --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4055028. Public record. Not legal advice.