Court of Civil Appeals of Texas, 2015

Holiday, Raphael Deon

Holiday, Raphael Deon
Court of Civil Appeals of Texas · Decided December 1, 2015

Holiday, Raphael Deon

Opinion

Texas Department of Criminal Justice Brad Livingston Executive Director

November 24, 2015 The Honorable Rhonda Savage Madison County District Clerk W. Main Street, Rm. #226 Madisonville, Texas 77864

RE: RAPHEL DEON HOLIDAY, TDCJ #999419 Dear District Clerk:

Enclosed is the Return of the Director of the Texas Department of Criminal Justice Correctional Institutions Division, of the Death Warrant pertaining to RAPHEL DEON HOLIDAY, issued in the District Court Madison County, Texas 278th Judicial District, on August 14, 2015, which was carried out on November 18, 2015. Also enclosed is the Certificate with the director's statement of compliance with the command of the warrant. The certificate also indicates the dispositionof the remains as required by Article 43.23 of the Texas Code of Criminal Procedure.

Sincerely,

(jsJa)rr\\A)d&^ Carta M. Willis Deputy General Counsel OFFICE OF THE GENERAL COUNSEL

cc: •n.

The w w ^Gregg Abbott, Honorable A,u«rGovernor CfiflRTRECEIVEDIH ncrDiamuM !

The Honorable Ken Paxton, Attorney General °URT °F C»ALAPPEALS Louise Pearson, Clerk, Court ofCriminal Appeals NQy 3q nnic Classification & Records, TDCJ AbelAcosia, Clerk CW/cf Attach

Our mission is toprovide public safety, promote positive change inoffender behavior, reintegrate offenders into society, and assist victims of crime.

Office of the General Counsel Sharon FeJfe Howell, General Counsel - [email protected] P.O. Box 13084 Capitol Station p O. Box 4004 Austin, Texas 78711 -3084 - Huntsville, Texas 77342-4004 RETURN OF THE DIRECTOR OF THE INSTITUTIONAL DIVISION

TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Came to hand, the 21st day of June, 2002 and executed the 18th day of November, 2015 by the death of RAPHAEL DEON HOLIDAY.

DISPOSITION OF BODY:

DATE: "TVQJiWraKX l8 XDlS

TIME: 8 •^>OC\(y^

William Stephens, Director Texas Department of Criminal Justice Correctional Institutions Division CERTIFICATE

I hereby certify that the Death Warrant in the case of The State of Texas vs. RAPHAEL DEON HOLIDA Fissued inthe District CourtMadison County, Texas 278th Judicial District, onAugust 14, 2015 and was executed according to the laws of the State of Texas on November 18, 2015. The death of RAPHAEL DEON HOLIDAY was caused by intravenous injection oflethal substances at the Hunts ville Unit ofthe Texas Department ofCriminal Justice-Correctional Institutions Division at S. <SO p.m. on November 18,2015. The body ofthe deceased was given into the custody of Carnes Funeral Home agent for the requesting relative. This Certificate and Return of Warrant (enclosed) is in compliance with Article 43.23 of the Texas Code of Criminal Procedure.

William Stephens^ Director Texas Department of Criminal Justice Correctional Institutions Division

SUBSCRIBED AND SWORN TO BEFORE ME this the 18th day of November2015.

<&*&\ CONNIE E. • ^V)j Notary PuUfif'sSS of Texas' \tAl-.. ...-•"UT/ My Commission Expires - LOYVrUX> 'O '•iA \&J- .N^oFt^ 11-06-2017 ! NOTARY PUBLIC, Walker County, Texas Notary Without Bond

My Commission expires: \\- Oi^- Xotl >• - . . • CAUSE NO. 10423, 10425, 10427 THE STATE OF TEXAS § IN THE DISTRICT COURT VS- § MADISON COUNY, TEXAS RAPHAEL DEON HOLIDAY § 278™ JUDICIAL DISTRICT DEATH WARRANT

To the Director ofthe Institutional Division - Texas Department ofCriminal Justice, orin case ofhis death, disability or absence, the Warden of the Huntsville Unit of the Institutional Unit - Texas Department of Criminal Justice or in the event of the death or disability or absence of both the Director of the Institutional Division - Texas Department of Criminal Justice and the Warden of the Institutional Division - Texas Department of Criminal Justice, to such person appointed by the Board of Directors of the Institutional Division - Texas Department of Criminal Justice, Greetings: Whereas, on the iJ3_th day of Qf^ 0 A.D. 20.g£, in the 278th Judicial Court of Madison County, Texas RAPHAEL DEON HOLD)AY was duly and legally convicted of the crime of CAPITAL MURDER, as fully appears in the judgment of said court entered upon the minutes of said court, as follows, to-wit: Judgment attached and, Whereas on the [IJjh day of (IllmjM: A.D. 20_/£ the said court pronounced sentence upon the said RAPHAEL DEON HOLD)AY, in accordance with said judgment and sentence, fixing the time for the execution ofthe said RAPHAEL DEON HOLIDAY for anytime after the hour of 6:00pm on the / $ th day of V l^tMrtt Ad/L, A.D. 20_^ as fully appears in the sentence of the Court and entered upon the minutes of said Court as follows, to wit: Sentence attached.

These are therefore to command you to execute the aforesaid judgment and sentence any time after the hour of 6:00 p.m. on the / ff th day o?-/\CvesnhtAj. A.D. 20^ by intravenous injection of substance or substances in a lethal quantity sufficient to cause death until the said RAPHAEL DEON HOLDDAY is dead.

Herein fail not, and due return make hereof in accordance with the law.

Witness my signature and seal of office on this the /£/ th day ofUJJLBiUVy{~~ ,A.D., 20 13 • Issued under my hand and seal of Office in the City of Madisonville, Madison County, Texas, this /_Vjh day tfQuUjyUfrt ,A.D. 20^ RHONDA SAVAGE, CLERK OF THE DISTRICT COURTS OF MADISON COUNTY, TEXAS CAUSE NO. 10423, 10425, 10427 THE STATE OF TEXAS § IN THE DISTRICT COURT vs- § MADISON COUNY, TEXAS RAPHAEL DEON HOLIDAY § 278™JUDICIAL DISTRICT

ORDER

On this /vday of (AAA fifAriAT A.D. 2015, came on to be heard the Motion to Set the Execution Date for RAPHAEL DEON HOLIDAY, by The State ofTexas by and through the Criminal District Attorney, Brian Risinger, and the court having considered the same find the Motion to Set Date of Execution for RAPHAEL DEON HOLD)AY be granted.

IT IS ORDERED that the prisoner RAPHAEL DEON HOLEDAY, who has been adjudicated guilty of Capital Murder as charged in the indictment and whose punishment has been assessed by the verdict of thejury and the judgment of the court at death, shall be kept by the Director of the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas until the // day of A/fiLUtfULLAy A.D. 20 1-5 , upon which day, at the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas at any time after 6:00p.m. in a room arranged for the purpose of execution, the Director, acting as provided by law, is commanded to carry out this sentence of death by intravenous injection of a substance or substances in a lethal quantity sufficient to cause the death ofRAPHAEL DEON HOLIDAY and until RAPHAEL DEON HOLD)AY is dead, such procedure to be determined and supervised by the Director of the Institutional Division of the Texas Department of Criminal Justice.

The Clerk of this Court shall, within ten days after the Court enters this Order Setting Execution, issue and deliver to the Sheriff of Madison County, Texas, a certified copy of this Order along with a Death Warrant in accordance with Tex. Code Crim. Proc. Art. 43.15. The Death Warrant shall recite (1) the fact of conviction, (2) set for the specific offense, (3) the judgment of the Court, and (4) the time fixed for execution. The Death Warrant shall be directed to the Director of the Institutional Division of the Texas Department of Criminal Justice at Huntsville, Texas, and command the Director to proceed to put into execution the judgment of death against RAPHAEL DEON HOLIDAY.

The Sheriffof Madison County, Texas, is hereby ORDERED upon receipt of the Death Warrant, to deliver the Death Warrant and a certified copy of this Order to the Director of the Institutional Division of the Texas Department of Criminal Justice, Huntsville, Texas.

Judge ?e Presiding I 278thJudicial District Court Madison County

w//,/ffffllT^.»ua» 12th/ 278thJudicial Obttct Court MADISON COUNTY, TEXAS

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