Case Information
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FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/25/2015 5:53:50 PM CHRISTOPHER A. PRINE Clerk FILED IN 1st COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 2:17:00 PM CHRISTOPHER A. PRINE Clerk *1 ACCEPTED 01-11-01125-CR FIRST COURT OF APPEALS HOUSTON, TEXAS 10/26/2015 12:00:00 AM CHRISTOPHER PRINE CLERK
No. 01-11-01125-CR I N T HE C OURT OF A PPEALS
F OR T HE F IRST D ISTRICT OF T EXAS Elisa Merrill Wilson, appellant
v.
The State of Texas, appellee Motion to Recall and Stay Mandate
TO THE FIRST COURT OF APPEALS:
Appellant, Elisa Merrill Wilson, files this motion to recall and stay
mandate pursuant to Rule 18.2 of the Texas Rule of Appellate Procedure,
and shows:
I.
Appellant intends to file a petition for writ of certiorari in the United
States Supreme Court and therefore requests that this Court recall and stay
the mandate as allowed by Rule 18.2 which states, “In a criminal case, the
stay will last for no more than 90 days, to permit the timely filing of a
petition for writ of certiorari.” Tex. R. App. P. 18.2. Appellant’s petition for
discretionary review was denied by the Court of Criminal Appeals on
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September 16, 2015 and therefore the deadline to file the petition for writ of
certiorari in the Units States Supreme Court is December 16, 2015.
WHEREFORE, appellant requests the Court to grant this motion and
recall and stay the mandate in this case until December 16, 2015.
Respectfully submitted,
/s/Timothy A. Hootman
Timothy A. Hootman, SBN 09965450
2402 Pease St
Houston, TX 77003
713.247.9548
713.583.9523 (f)
E-mail: thootman2000@yahoo.com
ATTORNEY FOR APPELLANT
CERTIFICATE OF SERVICE
I hereby certify that, in accordance with Rule 9.5 of the Texas Rules of
Appellate Procedure, I have served the forgoing document upon the
following attorneys by personal mail, commercial delivery service, fax, or
electronic service:
John J. Harrity III
Assistant District Attorney
Fort Bend County
301 Jackson St, Rm 101
Richmond, TX 77469
Dated: October 25, 2015.
/s/Timothy A. Hootman
Timothy A. Hootman
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