IN RE STEPHEN A. DOGGETT ON (other)

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IN THE COURT OF CRIMINAL APPEALS

OF TEXAS

NO. WR-50,772-04

IN RE STEPHEN A. DOGGETT

ON ORDER TO APPEAR AND SHOW CAUSE FOR UNTIMELY FILED PLEADING IN APPLICANT MATHIS'S CASE FROM CAUSE NO. 31,361-D

IN THE 268TH DISTRICT COURT

FORT BEND COUNTY

Per Curiam. Price, Johnson, and Alcala, JJ., dissent.

O R D E R

Applicant Milton Wuzael Mathis was set for execution on Tuesday, June 21, 2011. Counsel filed in the trial court on applicant's behalf on June 21, 2011, a subsequent writ application and other motions. 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 Stephen A. Doggett filed a declaration purporting to explain the untimely filing with the untimely pleadings.

The Court found counsel's declaration to be insufficient. However, before the Court took any action pursuant to Miscellaneous Rule 08-101, it ordered counsel to appear before it at 9:00 a.m. on Wednesday, September 14, 2011. Counsel appeared as ordered. After hearing counsel's explanation, the Court finds that counsel is in contempt of this Court and assesses punishment at a fine of $500.00. The Court further suspends the imposition of that fine for a period of one year. On the condition that counsel does not violate the current filing rule during that period of time, the Court will thereafter vacate the punishment.

IT IS SO ORDERED THIS THE 14th DAY OF SEPTEMBER, 2011.

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