WR-82,828-01

COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

Transmitted 12/22/2015 2:29:00 PM

Accepted 12/22/2015 2:41:11 PM

ABEL ACOSTA

NO. WR-82,828-01 CLERK

§ IN THE TEXAS COURTRECEIVED

COURT OF CRIMINAL APPEALS Ex parte § OF CRIMINAL APPEALS12/22/2015 RODNEY ANDERSON § ABEL ACOSTA, CLERK

§ [Cause No. 09-07-07255 in the

§ 359th Judicial District Court

§ Montgomery County, Texas]

REQUEST FOR RECONSIDERATION

[DENIAL WRIT OF HABEAS CORPUS] TO THE HONORABLE JUDGES OF THE TEXAS COURT OF CRIMINAL APPEALS:

NOW COMES Rodney Young Anderson, Applicant, in the above styled and numbered cause, through his attorneys of record, Cynthia E. Orr and Christopher M. Griffith, and hereby submits this Request for Reconsideration requesting this Honorable Court move to reconsider his Writ of Habeas Corpus, under Article 11.07 of the Code of Criminal Procedure, and would show the following in support: 1. This Honorable Court denied Applicant’s Writ, without written order on the

findings of the Trial Court, on December 9, 2015. 2. On this Court’s Order, an evidentiary hearing was held on May 27 and

August 21, 2015. Additionally, counsel for Applicant and the State and the

Trial Court held a conference by telephone on August 18, 2015. 3. The electronic docket sheet shows that a supplemental clerk’s record was

filed on September 22, 2015 and again on October 19, 2015. None of the

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“case events” on the electronic docket sheet notate a reporter’s record of the

evidentiary hearing ordered by this Honorable Court being filed. 4. On December 16, 2015, undersigned counsel spoke with the Clerk’s Office

of this Honorable Court. Counsel was informed that the October 19, 2015

Supplemental Clerk’s Record filing had notations that it contained the eight

volume Reporter’s Record, including exhibits, and consisted of 415 pages. 5. The transcript of the evidentiary hearing undersigned counsel now possesses

alone comprises 402 pages without the exhibits offered during the hearing or

the Master Index of the proceedings. While undersigned counsel is unsure of

the exact total page length of exhibits offered in the evidentiary hearing, the

exhibits were voluminous and comprised much more than 13 pages. 6. Due to the apparent discrepancy in page numbers, undersigned counsel is

unsure this Honorable Court had the benefit of having the entire Reporter’s

Record available prior to the Court making their decision and humbly ask

this Honorable Court to reconsider their December 9, 2015 decision on their

own motion. 7. Should this Honorable Court move, upon its own motion, to reconsider

Applicant’s Writ of Habeas Corpus, undersigned counsel will supplement

their Objections to the Trial Court’s Findings of Fact and Conclusions of

Law, and citing to the appropriate record reference, as counsel had planned.

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WHEREFORE PREMISES CONSIDERED, Applicant requests, should he and undersigned counsel be correct that this Court did not have the benefit of the entire Reporter’s Record of the evidentiary hearing, that this Honorable Court move, on its own motion, and reconsider the December 9, 2015 denial of his Writ of Habeas Corpus; allow Applicant’s counsel to file their objections to the district court’s findings of fact and conclusions of law, citing the record reference; and verify that both this Honorable Court and Applicant’s counsel have the complete supplemental record.

Respectfully Submitted,

CYNTHIA E. ORR

Bar No. 15313350

GOLDSTEIN, GOLDSTEIN & HILLEY

310 S. St. Mary’s St.

29th Fl. Tower Life Bldg.

San Antonio, Texas 78205

[email protected]

210-226-1463 phone

210-226-8367 facsimile

CHRISTOPHER M. GRIFFITH

Bar No. 24069072

LAW OFFICE OF CHRISTOPHER M.

GRIFFITH

310 S. St. Mary’s St., Ste. 1215

San Antonio, Texas 78205

[email protected]

210-229-1444 phone

210-229-1445 facsimile

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By:_/s/Cynthia E. Orr________________

CYNTHIA E. ORR

Attorneys for Applicant,

RODNEY ANDERSON

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing Request for Reconsideration has been electronically delivered to Assistant District Attorney Bill Delmore of the Montgomery County District Attorney’s Office as a member of e-File Texas, electronic filing system.

By:_/s/Cynthia E. Orr________________

CYNTHIA E. ORR

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