IN RE JAMES RASMUSSEN (other)
Annotate this CaseIN THE COURT OF CRIMINAL APPEALS
OF TEXAS
NOS. WR-48,498-02 and WR-48,498-04
IN RE JAMES RASMUSSEN
ON SHOWING OF GOOD CAUSE FOR UNTIMELY FILED DOCUMENTS IN APPLICANT TAYLOR'S CASE AND USE OF COURT OF CRIMINAL APPEALS EMERGENCY E-FILING SYSTEM FROM CAUSE NO. 0542281 IN THE 297TH DISTRICT COURT
TARRANT COUNTY
Per Curiam. Price, J., not participating.
O R D E R
Applicant Elkie Lee Taylor was set for execution on Thursday, November 6, 2008. 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, applicant's counsel James Rasmussen filed what purported to be a subsequent application for writ of habeas corpus and a motion for stay of execution. Alternatively, Rasmussen suggested that we, on our own motion, reconsider our disposition of his first subsequent writ application. Under Rule 08-101, counsel was required to file with these untimely documents "a detailed explanation stating under oath, subject to the penalties of perjury, the reason for the delay and why counsel found it physically, legally, or factually impossible to file a timely request or motion." See Misc. Rule 08-101 § 2. Although counsel filed such an explanation, by its language, his explanation applied only to the filing of the suggestion that the Court reconsider its decision on applicant's previous writ application and the motion for stay of execution.
Counsel is now ordered to show cause why he failed to comply with this requirement of the rule as it applied to the filing of a new application. Counsel is also ordered to show cause why he failed to comply with Rule 4 of the rules governing this Court's emergency e-filing procedures which requires a party to file the required number of copies of his pleadings in the Court of Criminal Appeals Clerk's office the next business day after a pleading has been accepted by emergency e-filing. Counsel's sworn affidavit complying with this order is due in this Court within 15 days of the date of this order.
IT IS SO ORDERED THIS THE 10TH DAY OF NOVEMBER, 2008.
Do Not Publish
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