Alba, John Avalos ( 2010 )

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

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NO. WR-36,711-05

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IN RE ANTHONY S. HAUGHTON

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ORDER TO APPEAR AND SHOW CAUSE FOR UNTIMELY FILED DOCUMENTS IN APPLICANT ALBA'S CASE FROM CAUSE NO. 219-81215-91

IN THE 199^TH JUDICIAL DISTRICT COURT

COLLIN COUNTY

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Per Curiam.  

O R D E R

Applicant John Avalos Alba was set for execution on Tuesday, May 25, 2010. Counsel filed a subsequent application and motion to stay the execution on applicant's behalf in the trial court at 5:37 p.m., May 24, 2010. Pursuant to our Miscellaneous Rule 08-101 setting out the requirements and possible consequences of filing pleadings within the forty-eight hours preceding an applicant's execution, counsel Anthony S. Haughton filed with the untimely pleading an explanation for the untimely filing.

However, before we take any action pursuant to Miscellaneous Rule 08-101, we want to hear from counsel in person. Therefore, we order counsel to appear before this Court at 9:00 a.m. on Wednesday, September 15, 2010, to offer further explanation and address any questions propounded by the Court about the matter.

It is further ordered by this Court that the Clerk of this Court shall issue Notice to Appear and Show Cause commanding Anthony S. Haughton to appear and show cause, in the manner and within the time specified in this order, why counsel should not be sanctioned by this Court for failing to adequately justify the untimely filing. A copy of this Order shall accompany the Notice.

IT IS SO ORDERED THIS THE 16th DAY OF JULY, 2010.

Do Not Publish

THE STATE OF TEXAS

NOTICE TO APPEAR AND SHOW CAUSE

  TO: Anthony S. Haughton;

  GREETINGS:

WHEREAS, the Court of Criminal Appeals on July 16, 2010, made and entered the order to appear and show cause. A correct and complete copy of the Order is attached to this Notice and fully incorporated for all purposes.

NOW, THEREFORE, Anthony S. Haughton is hereby commanded to appear and show cause, in the manner and within the period specified in the Order of July 16, 2010, why counsel should not be sanctioned by the Court of Criminal Appeals for failing to adequately justify the untimely filing.

WITNESS MY HAND and Seal of the Court of Criminal Appeals, at the City of Austin, Texas, on this 16^th day of July , 2010.

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LOUISE PEARSON, CLERK

COURT OF CRIMINAL APPEALS

STATE OF TEXAS  

TO: The Sheriff of any County or any Constable of any County, Texas Ranger, Texas Highway Patrolman, or any Peace Officer within the State of Texas.

GREETINGS:

YOU ARE HEREBY COMMANDED that you serve upon Anthony S. Haughton of Harris County the accompanying ORDER TO APPEAR AND SHOW CAUSE issued from the Court of Criminal Appeals of the State of Texas on July 16, 2010.

HEREIN FAIL NOT, but of this writ and notice made due return, under the penalty prescribed by law, with your endorsement showing how you executed the same.

WITNESS MY HAND and Seal of the Court of Criminal Appeals of the State of Texas affixed at the City of Austin, Texas, on this the 16^th day of July, 2010.

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LOUISE PEARSON, CLERK

COURT OF CRIMINAL APPEALS

STATE OF TEXAS

P. O. BOX 12308, CAPITOL STATION

AUSTIN, TX 78711

OFFICER'S RETURN   John Avalos Alba - WR-36,711-05

Came to hand on this the ____ day of __________, 2010, at ______ o'clock, ___.M., and executed at HARRIS County, Texas, on the _____ day of __________, 2010, by delivering to Anthony S. Haughton, the original ORDER TO APPEAR AND SHOW CAUSE which accompanied this writ.

To certify which witness my hand officially.

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(Signature)

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(Print or type name)

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(Title)

of HARRIS County, Texas