SHARON KELLER Court of Criminal Appeals LOUISE PEARSON CLERK PRESIDING JUDGE EO. BOX 12308, CAPITOL STATION 5 J 2-463-1551 LAWRENCE E. MEYERS AUSTIN, TEXAS 78711 SIAN R. SCHILHAB TOM PRICE GENERAL COUNSEL PAUL WOMACK September 13,2011 512-463-1597 CHERYL JOHNSON MIKE KEASLER BARBARA R HERVEY CATHY COCHRAN ELBA ALCALA JUDGES

Lydia M. V. Brandt The Brandt Law Firm .

P.O. Box 850843 Richardson, Texas 75085-0843 Re: Compliance withMiscellaneous Rule 08-101 (superceded by Rule 11- 003) John Lezell Balentine CCA Writ Nos. WR-54,071-01 and WR-54,071-03 Dear Ms. Brandt:

This letter is to inform you ofthe Court ofCriminal Appeals decision reg^ding your violation of its Miscellaneous Rule 08-101. Your client, John Lezell Balentine, was scheduled for execution on June 15,2011. Oii the morning of the day of the execution, youfiled a pleadingwith this Court requesting thatit reopen thefirst habeas proceedings in Balentine's case and stay his execution.

Because ^s pleading was filed within the forty-eight hours preceding the scheduled execution, it was untimely under Rule 08-101. In aneffort to show good cause and to explain thereason for the delay in filing the pleading, you filed a very short statement in which you essentially said only thatyou couldnot have filed the pleading earlier because you were preparing otherpleadings.

Because of the clear violation of the rule and the brevity of the explanation offered for its , violation, among other things, the Court decidedthat it needed to hear from you in person before deciding whether to issue sanctions. Thus, you were ordered to appear before this Court at 9:00 a.m. on September 14, 2011. In a subsequent statement concerning theuntimely filing, which this Court received on September 8,2011, you provided this Court with a much more thorough explanation of the reasons for and the circumstances surrounding the untimelyfiling. Based upon.this latter filing, the Courthas determined thatyou wiU not needto appear on September 14,2011, andno sanctions will issue for the rule violation. If you have any questions, please do not hesitate to contactme.

Sinci yours

Sian R. Schilhab General Counsel

SUPREME COURT BUILDING, 201 WEST 1 4TH STREET, ROOM 106, AUSTIN, TEXAS 78701 Website: www.cca.courts.state.tx.us