Court of Civil Appeals of Texas, 2016

Kennedy, William Alan

Kennedy, William Alan
Court of Civil Appeals of Texas · Decided June 13, 2016

Kennedy, William Alan

Opinion

WR-32,388-02 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 6/13/2016 11:04:25 AM Accepted 6/13/2016 11:10:44 AM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK FOR THE STATE OF TEXAS AUSTIN, TEXAS RECEIVED COURT OF CRIMINAL APPEALS 6/13/2016 ABEL ACOSTA, CLERK EXPARTE § § § NO. WR-32,388-02 § WILLIAM ALAN KENNEDY §

WRIT NO. C-4-010655-1203407-A TRIAL NO. 1203407D EXPARTE § IN THE CRIMINAL DISTRICT § § COURT NUMBER FOUR § WILLIAM ALAN KENNEDY § TARRANT COUNTY TEXAS

APPLICANT'S OBJECTIONS TO TRIAL COURT ORDER TO THE HONORABLE JUDGES OF SAID COURT: NOW COMES the Applicant, WILLIAM ALAN KENNEDY, and submits these Objections to the Order of the Trial Court entered May 26, 2015, adopting the State's Proposed Memorandum, Findings of Fact and Conclusions of Law and recommending that Applicant's writ application be denied: I.

The trial court has entered no independent findings or conclusions and engaged

Applicant's Objections to Trial Court Order - Page 1 in no analysis of the arguments raised in this writ application. It is the duty of the trial court to issue its own findings and make its own decision and not to simply let the state make the decision for the court.

II.

Applicant filed a lengthy Memorandum in Support of Application for Writ of Habeas Corpus along with his writ application. The arguments contained within that memorandum were thoroughly researched and presented to the court. Applicant re- urges those arguments as part of his objections to the trial court's order.

WHEREFORE, PREMISES CONSIDERED, Applicant prays that the Court of Criminal Appeals grant his requested relief.

Respectfully submitted,

~·~--~~~- ·~-- GARY A. UDASHEN State Bar of Texas No. 20369590 SORRELS, UDASHEN & ANTON 2311 Cedar Springs Road Suite 250 Dallas, Texas 75201 214-468-8100 214-468-8104 fax Attorney for Applicant

Applicant's Objections to Trial Court Order - Page 2 CERTIFICATE OF SERVICE I, the undersigned, hereby certify that a true and correct copy of the foregoing Applicant's Objections to Trial Court Order was electronically to the Tarrant County District Attorney's Office, on this the 13th day of June, 2016.

GARY A. UDASHEN

Applicant's Objections to Trial Court Order - Page 3

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