Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 12/18/2015 ABEL ACOSTA, CLERK *1 WR-84,353-01 COURT OF CRIMINAL APPEALS AUSTIN, TEXAS Transmitted 12/16/2015 9:55:34 AM Accepted 12/18/2015 4:28:31 PM ABEL ACOSTA IN THE COURT OF CRIMINAL APPEALS CLERK

EX PARTE §

§

§

§ WRIT NO. _________________ KIMBALL D. HAILEY II § TRIAL NO. C-213-010508-1152280-A

FIRST MOTION FOR EXTENSION OF TIME FOR RESOLUTION OF

ISSUES AND SUBMISSION OF WRIT RECORD

TO THE HONORABLE COURT OF CRIMINAL APPEALS:

COMES NOW, the 213 th Judicial District Court of Tarrant County Texas and

moves this Court to grant an additional thirty (30) day extension of time for resolution

of the issues and submit the writ record in this case. The following allegations are

made in support of this motion:

I.

PROCEDURAL HISTORY

On June 14, 2010, KIMBALL D. HAILEY II (“Applicant”), was convicted by a

jury of capital murder. The trial court then sentenced Applicant to confinement for life

in the Texas Department of Criminal Justice – Institutional Division.

On October 18, 2012, the Second Court of Appeals affirmed the trial court’s

judgment. Hailey v. State , 413 S.W.3d 457 (Tex. App. – Fort Worth Oct. 18, 2012,

pet. ref’d).

On June 30, 2015, Applicant filed this application for writ of habeas corpus.

The State was served on that date.

The trial court’s 180 day deadline to resolve the issues in this application for

writ of habeas corpus is December 28, 2015, because December 27, 2015, is a Sunday.

See Tex. R. App. 73.5.

II.

AN ADDITIONAL THIRTY DAY EXTENSION IS REQUESTED

The trial court requests that this Court grant an additional thirty (30) day

extension of time for resolution of the issues and submit the writ record in this

application. If this extension is granted, the resolution of the issues would be

accomplished on or before January 26, 2016 , and the writ record submitted on or

before January 27, 2016 .

This extension is not sought for purposes of delay. Additional time is needed to

determine whether the appellate record supports or rebuts Applicant’s ineffective

assistance of counsel claims.

WHEREFORE, PREMISES CONSIDERED, the trial court prays that this Court

grant an additional thirty (30) day extension for resolution of the issues in this case and

order that the issues be resolved by on or before January 26, 2016 , and the writ

record submitted on or before January 27, 2016 .

Respectfully submitted, /s/ CHARLES P. REYNOLDS CHARLES PATRICK REYNOLDS Judicial Staff Counsel and Post-Conviction Magistrate Tarrant County, Texas 401 W. Belknap Fort Worth, Texas 76196 (817) 884-2326 Fax (817) 884-2312 State Bar No. 00789580 *4 CERTIFICATE OF SERVICE

A true copy of the above First Motion for Extension of Time for Resolution of

Issues has been hand-delivered to Hon. Andréa Jacobs, Assistant Criminal District

Attorney, Tarrant County District Attorney’s Office and mailed to Applicant, Mr.

Kimball D. Hailey, TDCJ-ID# 01650116, French Robertson Unit, 12071 FM 3522,

Abilene, Texas 79601 on the 16 th day of December, 2015.

/s/ CHARLES P. REYNOLDS CHARLES PATRICK REYNOLDS