Case Information

*1 Case 4:15-cv-01258 Document 1 Filed in TXSD on 05/12/15 Page 1 of 4 WR-81,570-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 5/12/2015 8:35:49 AM Accepted 5/12/2015 8:42:18 AM ABEL ACOSTA CLERK IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS Civil No. ) TEDDRICK BATISTE ) (CAPITAL CASE)

TDCJ# ) Petitioner )

v. )

)

\ryILLIAM STEPHENS, Director )

Texas Department of Criminal Justice )

Correctional Institutional Division, )

Respondent )

) MOTION FOR APPOINTMENT OF FEDERAL COUNSEL

Undersigned counsel, Brad Levenson, Director of the Offrce of Capital Writs ("OC'W"), respectfully moves this to appoint federal counsel represent Teddrick Batiste his federal habeas corpus proceedings. This Motion is made within the fifteen (15) day time period required Code of Criminal Procedure 11.071, section 2(e) ("If the court criminal appeals denies an applicant relief article, an attorney . . . shall, not later than 15th day after date court criminal appeals denies relief . move appointment counsel habeas review under U.S.C. Section 3599.").

Because undersigned is permitted "represent defendant federal habeas review" (see Tex. Govt. Code, 78.054(b)), new counsel must now be appointed.

I Mr. Batiste was sentenced to death in the l74th District Court of Harris County, on June 23,2011. On June 5,2013, the of Criminal Appeals ("CCA") affirmed Mr. Batiste's sentence on direct appeal. Batiste v.

State, AP-76,600 (Tex. Crim. App. 2013) (unpublished). On April 29,2015, CCA denied relief state habeas corpus proceedings. Ex parte Batiste, No. WR- 81,570-01 (Tex. Crim. App. 2015) (unpublished).

Pursuant to Texas Code Criminal Procedure Article 11 .071, undersigned counsel and OCW represented Mr. Batiste. Mr. Batiste was then and is now without means to retain counsel. Mr. Batiste is an indigent person, lacking the funds necessary to retain counsel and must be appointed counsel "throughout . .

. aIl available post-conviction process, together applications for stays of execution and other appropriate motions procedures. [and] such competency proceedings and proceedings for executive other clemency as may be available to the defendant." 18 U.S.C. 3599(e); see also Harbisonv, Bell,556 u.s. (2ooe). Batiste is entitled to appointment counsel U.S.C.

3599(a). He has never had his constitutional claims relief addressed a court. He is entitled assistance counsel order present those claims. See McFarlqndv. Scott,512 U.S. 849,857-58 (1998).

Accordingly, the undersigned respectfully requests that appoint counsel for Mr. Batiste, pursuant l8 U.S.C. 3599.1 Respectfully submitted, \

DATED: May 12,2015 By .t\t A BRAD LEVENSON Bar No. 24073411 Office of Capital Writs 1700 N. Congress Ave., Suite 460 Austin, 512-463-8502 - direct line 12-463 -85 - facsimile t The OCW understands that the Texas Habeas Assistance Training Project is working Federal Public Defender Marjorie Meyers recruit and recommend counsel Batiste.

a J CERTIFICATE OF SERVICE On May 12,2015, copy the foregoing Motion was served on the Office Attorney General United States mail at following address: Office of Attorney General Texas

Criminal Appeals Division

Post Office Box 12548

Austin, Texas | l-2548

aß^,-..F)-

Brad D. Levenson

CERTIFICATE OF CONFERENCE No conference has been held because opposing counsel has made an appearance these proceedings.

ntul L

Brad Levenson

Case 4:15-cv-01258 Document 1-1 Filed in TXSD on 05/12/15 Page 1 of 2 AO ^[240] (Rev. 07110) Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)

UNtrBn Srnrss Drsrrucr CoURT for the

r'?l( l..{-r.{. LTq S¿ Ð ) Plaintift/Petítioner ) Civil Action No. )

\,t>itt,'u¡^ S$Ç[.e,"s ) Defendan ) APPLICATION TO PROCEED IN DISTRICT COURT \ryITHOUT PREPAYING FEES OR COSTS

(Short Form) I am a plaintiffor petitioner case and declare that I am unable to pay the costs ofthese proceedings and that I am entitled to the reliefrequested.

In support this application, I answer the under penalty of perj ury ê

7. If incarcerated.l am being held at If employed there, or have an account institution, I have to document statement certified by appropriate institutional officer showing all receipts, expenditures, and balances during the last six months any institutional account in my name. I am also submitting similar statement from any other institution where I was incarcerated during the last six months.

2. If incarcerated. If I am employed, my employer's name and address are:

o , and my take-home pay or wages are: $ My gross pay or wages per (specify pay period)

3. Other Income. In past months, I received income from following sources (check att that appty): I Yes /*" (a) Business, profession, or other self-employment D Yes (b) Rent payments, interest, or dividends d*o ü Yes (c) Pension, annuity, or life insurance payments úrNo Yes (d) Disability, or worker's compensation payments d,No f Yes (e) Gifts, or inheritances d.,No û Yes dNn (Ð Any other sources

Ifyou answered "Yes" to any question above, describe below on separate pages each source ofmoney and state the amount that you received what you expect to receive future.

Case 4:15-cv-01258 Document 1-1 Filed in TXSD on 05/12/15 Page 2 of 2 AO ^[240] (Rev. 07/10) Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)

4. Amount of money that I cash or a checking or savings account:

5. Any automobile, real estate, stock, bond, secudty, trust, jewelry, art work, or other financial instrument or thing of value that I own, including any item of value held in someone else's name (describe property antl its approximate value)'.

ú 6. Any housing, transportation, utilities, loan payments, or other regular monthly expenses (describe provide

the amount of the nronthly expense):

j. ìú 7. Names (or, if 18, initials only) of all persons who are dependent on me support, my relationship each person, and how much I contribute to their support:

J.ne

8. Any debts or financial obligations (tlescribe the atnounts owed and to whom they are payable)i

J. î)ú Declaration ' I declare under penalty perjury that the above information is true and understand that false statement may result dismissal of my claims. til/øÁ Applicant's signature

Date: 2"21' l,f

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