Case Information

*0 RECEIVED COURT OF CRIMINAL APPEALS 10/10/2017 DEANA WILLIAMSON, CLERK *1 WR-86,973-03

COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

Transmitted 10/10/2017 9:27 AM Accepted 10/10/2017 1:10 PM DEANA WILLIAMSON Court of Criminal Appeals Cause No. WR-86,973-03 CLERK IN THE COURT OF CRIMINAL APPEALS OF TEXAS EX PARTE ADAM REPOSA, APPLICANT On a Judgement of Criminal Contempt in cause number C-1-CR-17-100018 in the County Court at Law No. 5 of Travis County, Texas APPLICANT'S RESPONSE TO STATE’S FIRST AMENDED RESPONSE

OPPOSING EMERGENCY MOTION FOR STAY AND/OR MOTION FOR

BOND PENDING THE FILING OF WRIT OF HABEAS CORPUS

Submitted by: Carissa L. Beene SBN: 24071967 215 W. University Avenue Georgetown, TX 78626 512-850-0555 512-354-7416 (fax) cbeene@defendtx.com *2

TO THE HONORABLE JUDGES OF THE COURT OF CRIMINAL APPEALS:

COMES NOW, Adam Reposa, Applicant, by and through Carissa L. Beene, his attorney

of record, and files this Applicant's Emergency Motion for Stay and/or Motion for Bond Pending

the Filing of Writ of Habeas Corpus, and would respectfully show the Court the following:

1. State contends this court has no jurisdiction to grant bond pending the filing of a Writ of

Habeas Corpus. The motion filed by Applicant is the same mechanism used and granted

by this court in Cause no. AP-69,745-01.

2. Applicant is currently being detained in solitary confinement at the Travis County jail.

Applicant was placed in deplorable conditions without running water. On October 9, 2017,

Attorneys for Applicant were forced to speak to Applicant through a closed door.

Applicant has been segregated since being booked in on October 6, 2017.

3. Applicant, Adam Reposa, an Attorney, was never given a bond during the course of the

contempt proceedings pursuant to T EX . GOV ’ T CODE sec. 21.002(d).

4. Applicant maintains that the procedure for this contempt proceeding, from its inception

with the filing of a charging instrument entitled “Allegations of Contempt” by Hon. Nancy

Hohengarten through the unified trial on the merits where Applicant’s right to a jury were

denied, do not comport with Due Process.

5. On September 20, 2017, Hon. Paul Davis filed an Order committing Applicant to six

months incarceration at the Travis County jail on each of the five allegations. The

sentence was to be served day-for-day. Applicant was not sentenced in open court in

compliance with T EX . CRIM . PRO . Art. 41.12 nor able to exercise his right to give reasons

to prevent sentence and object to sentence. See T EX . CRIM . PRO . Art. 42.07.

6. October 2, 2017, hearing on Motion to Release on Personal Recognizance Bond or

Alternatively Reasonable Appeal Bond in front of Hon. Paul Davis. Applicant appeared

through counsel. Procedures for obtaining bond in Travis County are commonly achieved

ex parte without the defendant present; only in rare circumstances is a formal hearing held

with all parties present. Applicant requested a ruling based on submitted filings. Hon. Paul

Davis denied all bond reasoning that he did not have the authority to grant bond.

7. October 2, 2017, Applicant filed a Motion for Leave to file Writ of Habeas Corpus in the

368 th District Court of Williamson County. Hon. Rick Kennon granted the motion and

signed a personal recognizance bond. The bond has not been honored.

8. October 3, 2017, Motion for Rehearing on Pre-Trial Application for Writ of Habeas

Corpus. Applicant appeared through counsel. Applicant’s presence was not required.

9. October 4, 2017, Hon. Tamera Needles, Presiding Judge of the 427 th District Court called

Attorney for Applicant and Travis County District Attorneys Keith Henneke and Don

Clemmer in to her court to discuss the issue of bond. This was not a set hearing nor was

Applicant’s presence requested. Hon. Tamera Needles informed all parties that she would

sign a bond if/when Applicant was in custody.

10. October 7, 2017, an attorney approached Hon. Tamera Needles to sign a bond for

Applicant, who was then in custody. Hon. Tamera Needles granted a bond, the state

having been previously heard. The bond has not been honored.

The Hon. Rick Kennon of the 368th District Court of Williamson County and Hon.

Tamera Needles of the 427th District Court of Travis County have considered all of the facts and

decided to grant Applicant bond. The grant of bond is binding and is not being followed by the

Travis County Sheriff’s Office. Consequently, Applicant is currently being detained unlawfully

and in solitary confinement. Therefore, in order to maintain the status quo ante and to ensure that Applicant's request

for relief is not rendered moot, Applicant respectfully requests that this Court, as it sees fit, either

stay the execution of the judgment of contempt, set a bond for Mr. Reposa, or both pending the

outcome of the writ proceedings. In the event that this Court sets a bond, Applicant also requests

that this Court grant him release on personal bond, as an officer of the court, with promise to

appear at all court proceedings. In the event that Applicant is not successful in ultimately

obtaining relief, there will be time enough to serve his sentence at a later date.

WHEREFORE, PREMISES CONSIDERED, Applicant respectfully moves this court to stay the judgment of contempt in the court below and/or set a bond, and to grant personal bond

pending future habeas proceedings.

Respectfully submitted, ____________________________________ Carissa Beene Attorney for Applicant SBN: 24071967 215 W. University Ave. Georgetown, TX 78626 CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the foregoing Applicant’s Response to State’s

First Amended Response Opposing Emergency Motion for Stay and/or Motion for Bond pending

the filing of Writ of Habeas Corpus was served upon the attorney for the State on October 10,

2017.

____________________________________

Carissa Beene