Opinion
NO. WR-18,081-04
05-12-2020
EX PARTE JOHN RAY FALK, JR., Applicant
ON APPLICATION FOR POST-CONVICTION WRIT OF HABEAS CORPUS WALKER COUNTY
Per curiam. YEARY, J., concurs. ORDER
This matter is before us because counsel for John Ray Falk, Jr., has indicated that he is unable to timely file an initial writ application in the trial court due to circumstances beyond his control. See TEX. CODE CRIM. PROC. Art. 11.071 § 4. Specifically, among other reasons, counsel asserts that the ongoing pandemic and consequent lockdowns have severely inhibited his ability to investigate the case because he does not have reasonable access to his incarcerated client or several of the incarcerated witnesses. Further, one of his expert witnesses has been diagnosed with covid-19 and thus, is unable to complete her report at this time. More recently, a complete computer system failure resulted in the inaccessibility of his server and all Falk-related files on that server, which failure will not be resolved before Applicant's writ application is due to be filed on May 11, 2020.
Under the circumstances, we find good cause under Article 11.071 § 4A for counsel to continue representing Applicant. We extend the deadline for filing Applicant's initial writ application to Monday, July 20, 2020.
IT IS SO ORDERED THIS THE 12th DAY OF MAY, 2020. Do not publish