Texas Supreme Court, 2015

Lau, Chan Wing

Lau, Chan Wing
Texas Supreme Court · Decided February 25, 2015

Lau, Chan Wing

Opinion

ShHMI-O/ 1228363-A COURT OF CRIMINAL APPEALS AUSTIN, TEXAS I- ZG - IS Transmitted 2/19/2015 5:05:24 PM Accepted 2/20/2015 10:10:37 AM »Y:,„fO Cause No,1228363-A ABEL ACOSTA CLERK

Chan Wing Lau RECEIVED COURT OF CRIMINAL APPEALS Applicant 2/20/2015 ABEL ACOSTA, CLERK vs. § In the Court of CriminalAppeals of the: S tate of Texas The State of Texas State

MOTION 1QR RE0QNSIBERATIQN SUA SP0NTE To the Honorable Court of Criminal Appeals: Now comes the Applicant, Chan Lau,, and moves the court to set aside the judgment of the Court denying Applicant's post-conviction Writ ofHabeas Corpus rendered and entered hefeih on or about the 26th day of November, 2014, and -give: reconsideration to this cause; for the following reasons, to wit: In violation of Article 11.07 (3;)(c) ofthe Texas Code 6f Criminal Procedure, the 351st Judicial District Court failed to transmit all ofthe existing record: in this Cause to the Court of Criminal Appeals. The omission ihciuded evidence supporting Applicant's, claims. Attorney for Applicant verified with the Court of Criminal Appeals on December 19, 2014, that.this portionof the record was absent from those records transmitted to: this Court.by the,351st Judicial District Court. Applicant states that the name^&f%e:o;.p^o"sing;cpunsje'i in this cause is Andrew J. Smith, and he residesvih, Harris County,;Texas, Subsequently, counsel for Chan Lau, Ashiey Burles6h5 drafted;aMotion forvRehearihg, filed it with the Texas Criminal Court of Appeals.onJanuaryS, 2015, andraisedffiisissue, However, counsel laterdiscovered thatthe omitted evidence: Siscussfed above was inadvertently left out ofhis Motion for Rehearing.

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