Case Information
*0 FILED IN 3rd COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 2:14:44 PM JEFFREY D. KYLE Clerk
*1 ACCEPTED 03-15-00105-CR 5921596 THIRD COURT OF APPEALS AUSTIN, TEXAS 7/2/2015 2:14:44 PM JEFFREY D. KYLE CLERK 03-15-001 05-CR STATE OF TEXAS § IN THE TIDRD COURT § § vs. OF APPEALS § § TRAVIS COUNTY, TEXAS JUSTIN MURPHY MOTION FOR REHEARING OF STATE'S MOTION TO DISMISS FOR LACK OF JURISDICTION TO THE HONORABLE COURT:
Now comes Justin Murphy, by and through Adam Reposa and files this Motion for Rehearing, and shows the following: 1. Appellant had a Second Writ of Habeas Corpus granted by Jon Wisser on Jan 26, 2015 restoring appeal rights in the above styled case. See attached Exhibit A 2. Counsel for Appellant timely filed his notice of appeal on February 10, 2015 per order. This motion is not made for purposes of delay but that justice may be done. WHEREFORE, PREMISES CONSIDERED, Defendant prays that the Court rehear the Motion to Dismiss and enter a new order denying the Motion to Dismiss. Respectfully submitted, z;z I (I --- By. ~ ( -- - - -= =- Adam T. Reposa State Bar No. 24040163 Attorney for Defendant
CERTIFICATE OF SERVICE AND CONFERENCE
*2 This is to certify that on July 2, 2015, a true and correct copy of the above and foregoing document was served on the Travis County Attorney's Office, by hand delivery. § THE STATE OF TEXAS § COUNTY OF TRAVIS
AFFIDAVIT
BEFORE ME, the undersigned authority, on this day personally appeared, Adam Thomas King Blackwell Reposa, attorney for Justin Murphy, who being by me duly sworn, upon oath deposes and says,
"I am Adam Thomas King Blackwell Reposa, the Attorney for Justin Murphy; I have prepared and read the above and it is true and correct."
:;;~ Ad~tiiiiiiia Affiant
SUBSCRIBED AND SWORN TO BEFORE ME on JULY d- , 2015, to certify which witness my hand and seal of office. Notary Pub!~ ,•''~:n~~-,,, LA SHANDA L ALEXANDER f$.:-::A::.~-1 Notary Puollc. State or Texas ~ ,::IJ(_:.,E Mv CommiSSIOn Exp.re~
..,,,. .. ,,, .. January 16, 2018 \,~;;·;,;·~~:~~
CAUSE NO. C-1-CR 07-200104
*3 COUNTY COURT AT LAW STATE OF TEXAS § § v. § NUMBER3 § §
JUSTIN MURPHY TRAVIS COUNTY, TEXAS
ORDER ON SECOND PETITION FOR WRIT OF HABEAS CORPUS
On this the 26th day of January 2015 the Court considered the Petitioner's Second Petition for a Writ of Habeas Corpus. Both parties having waived argument the Court considered the petition and took judicial notice of the court's file and docket sheet. The Court finds that the Petitioner, through no fault of his or his attorney, was denied the opportunity to appeal the Court's order on his first petition for writ of habeas Corpus. THEREFORE IT IS ORDERED, that the Petitioner be and is hereby granted leave to appeal the Order of this Court signed on August 28,2014. The time to appeal shall commence as of this date. SIGNED on 26th day of January, 2015.
GE PRESIDING BY ASSIGNMENT
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