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APPEAL,APPEAL_NAT,DEATH_PENALTY,HABEAS

U.S. District Court

SOUTHERN DISTRICT OF TEXAS (Houston)
CIVIL DOCKET FOR CASE #: 4:11-cv-01696
Internal Use Only

Holiday v. Thaler
Assigned to: Judge Sim Lake
Related Case: 4:10-mc-00512
Cause: 28:2254 Petition for Writ of Habeas Corpus(Death Penalty)

Date Filed: 05/03/2011

Date Terminated: 07/10/2013
Jury Demand: None
Nature of Suit: 535 Death Penalty - Habeas
Corpus
Jurisdiction: Federal Question

Petitioner
Raphael Deon Holiday

represented by Gretchen Sims Sween

Beck Redden LLP
515 Congress Ave
Ste 1750
Austin, TX 78701
512-708-1000
Fax: 512-708-1002
Email: gsween@beckredden.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
James W Volberding
Law Office of James W. Volberding
100 E Ferguson St
Ste 500
Tyler, TX 75702
903-597-6622
Email: jamesvolberding@gmail.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Seth Kretzer
Attorney At Law
440 Louisiana St
Ste 200
Houston, TX 77002
713-775-3050
Fax: 713-224-2815
Email: seth@kretzerfirm.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

V.
Respondent
William Stephens

represented by Ellen Stewart-Klein

Office of the Atty Gen
300 W 15th St
8th Floor
Austin, TX 78701

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512-936-1400
Email: ellen.stewartklein@texasattorneygeneral.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Tina Dettmer Miranda
Office of the Attorney General
Criminal Appeals Division
P O Box 12548
Capitol Station
Austin, TX 78711
512-936-1400
Email: tina.miranda@texasattorneygeneral.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Edward Larry Marshall
Office of the Attorney General
P O Box 12548
Capitol Station
Austin, TX 78711
512-936-1400
Fax: 512-320-8132
Email:
edward.marshall@texasattorneygeneral.gov
ATTORNEY TO BE NOTICED

Date Filed

Docket Text

05/03/2011

PETITION for Writ of Habeas Corpus (Application to Proceed IFP granted on 1/6/11 by
Judge Sim Lake) filed by Kerry Dimart Allen.(Kretzer, Seth) Modified on 5/4/2011 (ltien, ).
IFP information added on 5/17/2011 (ltien, ). (Entered: 05/03/2011)

09/27/2011

NOTICE of Appearance by Ellen Stewart-Klein on behalf of Rick Thaler, filed. (StewartKlein, Ellen) (Entered: 09/27/2011)

10/17/2011

Opposed MOTION for Approval of Funds for Expert by Raphael Deon Holiday, filed.
Motion Docket Date 11/7/2011. (Attachments: # 1 Exhibit Expert's Resume, # 2 Proposed
Order)(Kretzer, Seth) (Entered: 10/17/2011)

10/18/2011

Unopposed MOTION for Continuance of Deadline to file Amended Petition by Raphael

Deon Holiday, filed. Motion Docket Date 11/8/2011. (Attachments: # 1 Proposed Order)
(Kretzer, Seth) (Entered: 10/18/2011)

10/19/2011

ORDER granting 4 Motion for Continuance.(Signed by Judge Sim Lake) Parties notified.
(jewilliams, ) (Entered: 10/19/2011)

10/25/2011

RESPONSE in Opposition to 3 Opposed MOTION for Approval of Funds for Expert, filed
by Rick Thaler. (Stewart-Klein, Ellen) (Entered: 10/25/2011)

10/28/2011

REPLY in Support of 3 Opposed MOTION for Approval of Funds for Expert, filed by
Raphael Deon Holiday. (Kretzer, Seth) (Entered: 10/28/2011)

11/09/2011

ORDER Denying without Prejudice 3 Opposed MOTION for Approval of Funds for Expert.
(Signed by Judge Sim Lake) Parties notified.(jewilliams, ) (Entered: 11/09/2011)

11/09/2011

Document(s) Sent by regular mail to Raphael Holiday and Rick Thaler re: 8 Order, filed.
(jewilliams, ) (Entered: 11/09/2011)

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01/30/2012

Unopposed MOTION for Continuance of Deadline to file Petition by Raphael Deon Holiday,
filed. Motion Docket Date 2/21/2012. (Attachments: # 1 Proposed Order)(Kretzer, Seth)
(Entered: 01/30/2012)

01/30/2012

10

ORDER granting 9 Motion for Continuance.(Signed by Judge Sim Lake) Parties notified.
(jewilliams, ) (Entered: 01/30/2012)

01/31/2012

11

Clerks Notice regarding CMECF notice returned undeliverable from

tina.dettmer@oag.state.tx.us on the account of Tina Dettmer Miranda. The referenced email
address has been deleted from your CM/ECF account, filed. (tferguson, ) (Entered:
01/31/2012)

03/02/2012

12

AMENDED Petition against Rick Thaler filed by Raphael Deon Holiday. (Attachments: # 1
Continuation 1, # 2 Continuation 2, # 3 Continuation 3, # 4 Continuation 4, # 5 Continuation
5)(smurdock, ) (Entered: 03/02/2012)

03/02/2012

13

CLERKS NOTICE on Mandatory Electronic Filing re: 12 Amended Petition.. Party notified,
filed. (smurdock, ) (Entered: 03/02/2012)

08/15/2012

14

First MOTION for Extension of Time File Response by Rick Thaler, filed. Motion Docket
Date 9/5/2012. (Attachments: # 1 Proposed Order)(Stewart-Klein, Ellen) (Entered:
08/15/2012)

08/16/2012

15

ORDER granting 14 Motion for Extension of Time. Responses due by 10/26/2012. (Signed
by Judge Sim Lake) Parties notified. (aboyd) (Entered: 08/16/2012)

10/25/2012

16

ANSWER to 12 Amended Complaint/Counterclaim/Crossclaim etc. by Rick Thaler, filed.

(Stewart-Klein, Ellen) (Entered: 10/25/2012)

11/02/2012

17

Unopposed MOTION for Continuance of Deadline for Reply brief by Raphael Deon
Holiday, filed. Motion Docket Date 11/23/2012. (Attachments: # 1 Proposed Order)(Kretzer,
Seth) (Entered: 11/02/2012)

11/02/2012

18

ORDER granting 17 Motion for Continuance. Reply due by 1/7/2013. (Signed by Judge Sim
Lake) Parties notified. (aboyd) (Entered: 11/02/2012)

11/20/2012

19

STATE COURT RECORDS by Rick Thaler CD/ 1 volume forward to file room., filed.
(mmapps, ) (Additional attachment(s) added on 10/23/2015: # 1 Exhibit, # 2 Exhibit, # 3
Exhibit, # 4 Exhibit, # 5 # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) # 9 Exhibit, # 10 Exhibit, # 11
Exhibit, # 12 Exhibit) # 13 Exhibit, # 14 Exhibit, # 15 Exhibit) (blacy, 4). (Entered:
11/21/2012)

01/02/2013

20

Unopposed MOTION for Extension of Time deadline to file Reply by Raphael Deon
Holiday, filed. Motion Docket Date 1/23/2013. (Attachments: # 1 Proposed Order)(Kretzer,
Seth) (Entered: 01/02/2013)

01/03/2013

21

ORDER granting 20 Motion for Extension of Time. Reply Brief due by 1/21/2013. (Signed
by Judge Sim Lake) Parties notified. (aboyd) (Entered: 01/03/2013)

01/22/2013

22

REPLY in Support of 1 MOTION to Vacate, Set Aside or Correct Sentence (2255), filed by
Raphael Deon Holiday. (Kretzer, Seth) (Entered: 01/22/2013)

07/10/2013

23

MEMORANDUM OPINION AND ORDER denying 12 Amended Petition for Writ of

Habeas Corpus with the exceptions of his lethal-injection and executive clemency claims,
which are dismissed without prejudice. A Certificate of Appealability will not issue. (Signed
by Judge Sim Lake) Parties notified. (aboyd) (Signed by Judge Sim Lake) Parties notified.
(aboyd, ) (Entered: 07/10/2013)

07/10/2013

24

FINAL JUDGMENT. This action is dismissed with prejudice, with the exception of
Holiday's lethal-injection and executive clemency claims, with are dismissed without
prejudice. Case terminated on 7/10/2013. (Signed by Judge Sim Lake) Parties notified.

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(aboyd) (Entered: 07/10/2013)

07/15/2013

25

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit by Raphael Deon
Holiday, filed.(Kretzer, Seth) (Entered: 07/15/2013)

07/22/2013

26

Notice of the Filing of an Appeal. Fee status: IFP previously granted. COA denied. The
following Notice of Appeal and related motions are pending in the District Court: 25 Notice
of Appeal, filed.(blacy, ) (Entered: 07/22/2013)

07/22/2013

Electronic record on appeal certified to the Fifth Circuit Court of Appeals re: 25 Notice of
Appeal, filed.(blacy, ) (Entered: 07/22/2013)

07/22/2013

27

Transmittal Letter on Appeal Certified re: 25 Notice of Appeal. A paper copy of the
electronic record is being transmitted to the Fifth Circuit Court of Appeals in 4 volumes.,
filed.(blacy, ) (Entered: 07/22/2013)

10/16/2014

28

Order of USCA - PER CURIAM re: 25 Notice of Appeal ; USCA No. 13-70022. We adopt
the district court's detailed and well-reasoned memorandum opinion and order with respect to
each claim. Accordingly, Holiday's application for a COA on the claims presented here is
denied., filed.(dnoriega, 1) (Entered: 10/17/2014)

10/21/2014

29

Record on Appeal Returned from the US Court of Appeals for the Fifth Circuit re: 25 Notice
of Appeal ; consisting of 2 boxes of State Court Papers (USCA No. 13-70022), filed.
(mmapps, 4) (Entered: 10/21/2014)

06/30/2015

30

The petition for a writ of certiorari filed with the Supreme Court has been denied (USCA No.
13-70022) (USSC No. 14-9148), filed.(mperez, 1) (Entered: 06/30/2015)

09/18/2015

31

Letter from Raphael D. Holiday re: Information filed on record., filed. Docket Sheet sent to
Mr. Holiday. (jguajardo, 4) (Entered: 09/18/2015)

09/18/2015

32

ADVISORY by Raphael Deon Holiday, filed.(Kretzer, Seth) (Entered: 09/18/2015)

09/22/2015

33

MOTION for Appointment of New Counsel by Raphael Deon Holiday, filed. Motion Docket
Date 10/13/2015. (sguevara, 4) (Entered: 09/22/2015)

09/22/2015

34

RESPONSE to 33 MOTION for Appointment of New Counsel filed by Raphael Deon

Holiday. (Kretzer, Seth) (Entered: 09/22/2015)

09/24/2015

35

ORDER denying 33 MOTION for Appointment of New Counsel. (Signed by Judge Sim
Lake) Parties notified. (aboyd, 4) (Entered: 09/24/2015)

10/21/2015

36

NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 35 Order by Raphael
Deon Holiday (Filing fee $ 505, receipt number 0541-15599715), filed.(Sween, Gretchen)
(Entered: 10/21/2015)

10/21/2015

37

MOTION to Substitute Attorney Gretchen Sween in place of Seth Kretzer and James
Volberding by Raphael Deon Holiday, filed. Motion Docket Date 11/12/2015. (Attachments:
# 1 Proposed Order)(Kretzer, Seth) (Entered: 10/21/2015)

10/22/2015

38

MOTION Reimbursement of filing fee by Raphael Deon Holiday, filed. Motion Docket Date
11/12/2015. (Attachments: # 1 Proposed Order)(Sween, Gretchen) (Entered: 10/22/2015)

10/22/2015

39

Clerks Notice of Filing of an Appeal. The following Notice of Appeal and related motions
are pending in the District Court: 37 MOTION to Substitute Attorney Gretchen Sween in
place of Seth Kretzer and James Volberding, 38 MOTION Reimbursement of filing fee, 36
Notice of Appeal. Fee status: Paid, filed. (Attachments: # 1 Notice of Appeal, # 2 Motion to
Substitute, # 3 Motion for reimbursement, # 4 Public Docket Sheet) (dahumada, 1) (Entered:
10/22/2015)

10/22/2015

Appeal Review Notes re: 36 Notice of Appeal. Fee status: Paid. The appeal filing fee has
been paid or an ifp motion has been granted.No hearings were held in the case - no

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transcripts.45 day review - Transcripts still pending. Number of DKT-13 Forms expected: 1,
filed.(dahumada, 1) (Entered: 10/22/2015)
10/22/2015

Notice of Assignment of USCA No. 15-70035 re: 36 Notice of Appeal, filed.(dahumada, 1)

(Entered: 10/22/2015)

10/22/2015

40

ORDER denying 37 MOTION to Substitute Attorney Gretchen Sween in place of Seth

Kretzer and James Volberding (Signed by Judge Sim Lake) Parties notified. (aboyd, 4)
(Entered: 10/22/2015)

10/22/2015

41

RESPONSE in Opposition to 37 MOTION to Substitute Attorney Gretchen Sween in place

of Seth Kretzer and James Volberding, filed by Raphael Deon Holiday. (Attachments: # 1
Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)
(Sween, Gretchen) (Entered: 10/22/2015)

10/22/2015

42

Letter from Raphael Holiday re: Reqeusting the removal of Mr. Seth Kretzer and Mr. James
W. Volberding, filed. (jtabares, 1) (Entered: 10/23/2015)

10/23/2015

43

MOTION for Reconsideration of 35 Order, 40 Order by Raphael Deon Holiday, filed.

Motion Docket Date 11/13/2015. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4
Exhibit, # 5 Proposed Order)(Sween, Gretchen) (Entered: 10/23/2015)

10/25/2015

44

RESPONSE to 43 MOTION for Reconsideration of 35 Order, 40 Order filed by Raphael

Deon Holiday. (Kretzer, Seth) (Entered: 10/25/2015)

10/26/2015

45

ORDER denying 43 MOTION for Reconsideration (Signed by Judge Sim Lake) Parties
notified. (aboyd, 4) (Entered: 10/26/2015)

10/26/2015

46

Amended NOTICE OF APPEAL to US Court of Appeals for the Fifth Circuit re: 35 Order,
40 Order, 45 Order by Raphael Deon Holiday, filed.(Sween, Gretchen) (Entered:
10/26/2015)

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