EXHIBIT A

MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF A MITIGATION EXPERT SPECIALIST AND REQUEST THAT THIS MOTION AND ATTACHED ORDER BE SEALED

THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, John Doe, Defendant in the above entitled and numbered case, by and through the undersigned counsel, and to proceed ex-parte, in camera, and on a sealed record with regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth Amendments to the United States Constitution, Article I, Sections 3, 3a, 10, 13 and 19 of the Texas Constitution, and Article 26.05( d) of the Texas Code of Criminal Procedure, to appoint a Mitigation Investigation Specialist to assist in the evaluation, preparation, and presentation of a defense, and for good cause shows the following:

Factual Matters which May Sueeest Mental Illness or Temporary Insanity as an Affirmative Defense and/or Mitieatine Factor, as Same is Related to the Defendant's Potential State of Mind or Diminished Mental Capacity Durine the Commission of the Alleeed Criminal Offense

Based on information available to undersigned counsel, it is believed that the Defendant may have an undiagnosed history of mental illness. Further, the Defendant may suffer from a learning disability and/or cognitive problem in processing information. As a result of the Defendant's cognitive problems in processing information, and the possibility that he may suffer from mental illness, said factors all may have contributed to the Defendant's diminished mental capacity, as same relates to his alleged participation in the commission of this alleged criminal offense. This evidence, if available and ultimately verified, may assist the Defendant in establishing a plausible defense, through the argument of a diminished mental capacity , as same relates to the Defendant's alleged and required " mens rea", (ie: state of mind) , at the tim e that the alleged criminal offense was committed. Further, this evidence , if available and discovered , through the investigation of same with a qualified " Mitigation Investigation Specialist", would assist the Defendant in potentially establishing a viable argument for mitigation as same relates to the punishment phase , if necessary , in the trial of said alleged criminal offense. Further, based on the information currently available to defense counsel , it is believed that Defendant may have suffered from some type of psychotic and / or psychological break at the time of the commission of the alleged offense , and a " Mitigation Inv estigation Specialist" is necessary in order to discover and retrie v e any necessary background and historic information regarding the Defendant, which may assist in presenting an available affirmative defense at the guilt/innocence phase of trial and relevant mitigation evidence during the punishment phase of trial. Specifically , this defense may necessarily include an affirmative defense of " Not Guilty by Reason of Insanity. "

II.

Need for Mitieation Investieation Specialist

Without expert assistance of a " Mitigation Investigation Specialist", counsel cannot possibly interview and / or gather all of the relevant and known information which is available to begin developing a logical and cohesive argument regarding the potentiality of the Defendant ' s diminished mental capacity at the time of the alleged criminal offense , and whether a person with the Defendant's history and potential existence of undiagnosed mental health problems would be suffering from said effects of said diminished mental capacity under the circumstances, then existing, at the time of the alleged commission of said criminal offense. Furthermore, onl y an expert " Mitigation Investigation Specialist" can gather the required information , and properly convey the mitigating quality of the Defendant's mental illness , if any, and / or diminished mental capacity at the time of the alleged criminal offense , or assist in a defense strategy that explains what the Defendant was likely experiencing at the time of the offense , if same should be necessary , for purposes of punishment.

Legal Basis for Expert Assistance in the Form of a Mitigation Investigation Specialist

The United States Supreme Court held that an indigent defendant has a constitutional right to the assistance of a competent, independent expert. See Ake v. Oklahoma, 4 70 U.S. 68 ( 1985). The purpose of this holding is to ensure that indigent defendants are given the same due process as wealthier defendants, including, and perhaps especially, the right to the effective assistance of counsel. Id

The Defendant would assert that the necessity of an independent expert, as requested herein, would necessarily include the skills of a "Mitigation Investigation Specialist", such that this individual would have a background in mental health and/or poly substance abuse, and be experienced in gathering, deciphering, and organizing mental health records, hospitalization records, MHMR records, counseling records, educational records, school records, psychological evaluations, records of incarceration (including disciplinary records), and any other remotely relevant records which may establish the Defendant's mental capacity, mental illness, and/or state of mind at the time of the commission of the alleged criminal offense. Appointing any expert, other than one whose information and/or findings are privileged and whose efforts and advice are rendered exclusively in the Defendant's best interests, is not an expert (ie: Mitigation Investigation Specialist), rendering assistance to Defendant or his trial preparation efforts, and therefore the due process requirements of Ake are not met. See Rey v. State, 897 S. W .2d 333 (Tex.Crim.App.1995).

Defendant would assert that when an indigent accused makes a clear showing to the trial judge that the mental condition, mental capacity, and/ or state of mind of the accused will and/or may be a significant factor at a critical stage of trial, the judge has a clear duty upon request to appoint a qualified expert in the area of "Mitigation Investigation", in order to assist in the preparation of the Defendant's case for trial, implementing all elements of a potential defensive trial strategy available, at both the guilt/ innocense and punishment phases of Defendant's trial.

Application for Fees

1. Counsel has spoken with [Name of Expert] , a competent and qualified specialist in the field of " Mitigation Investigation". Counsel has found that a mitigation specialists ability to gather required and appropriate information, specific to the field, are skills that legal counsel for the Defendant does not possess , and as such, these services which [Name of Expert] , can provide are vital to the success and preparation of the Defendant's case for trial. [Name of Expert] would require an initial authorization of at least a $ ***** *, expenditure of funds to ensure that she can begin work and gather any necessary documentation with regards to Defendant's case. Ms.[Expert] would bill at a reasonable hourly rate of$***** per hour , and charge appropriately for copies of various documents , necessary document retrieval , review of said documents and/or mental health records , conduct required witness interviews , and I or milage as required. Further, Ms. [Expert] estimates that it would require a minimum of** hours to complete a mitigation investigation in this matter.

2. The services of a " Mitigation Investigation Specialist" are necessary to enable John Doe to prepare effectively for trial , present favorable evidence and to cross-examine the state ' s witnesses.

3. If John Doe is not provided with expert assistance , such as a Mitigation Investigation Specialist, John Doe will be deprived of due process, due course , and equal protection of the laws , the effective assistance of counsel, the right to confront witnesses , the right to a fair and impartial trial, the right to present evidence on behalf of the defense , and the right to explain or deny evidence presented against the defense in the punishment phase , in violation of the Sixth and Fourteenth Amendments to the United States Constitution and Article I, Sections 3, 3a, 10 , 13 and 19 of the Texas Constitution.

Request that this Motion and Order be Sealed

The following motion contains vital trial strategy information gathered by the appointed counsel for the Defendant , and as such, is work-product , which should not be disclosed to the State. Therefore , the Defendant would move this Court upon consideration of this motion ex-parte , that the contents of said motion and order be sealed until further order of this Court . The Court ' s failure to seal this motion and order, would result in a violation of the Defendant's right to due process , and / or effective legal representation as the Defendant ' s potential trial strategy would be compromised.

Prayer

WHEREFORE, PREMISES CONSIDERED, John Doe requests that this Court consider this motion and order that sufficient funds be initially authorized in the amount of$******, such that counsel for the Defendant can retain the services of a "Mitigation Investigation Specialist", to assist in the investigation, evaluation, preparation and presentation of the defense. Further, that after consideration of this Motion, and ruling on same , that this Motion, and the subsequent attached Order be sealed until further order of this Court.

Respectfully Submitted ,

Law Offices of JESKO & STEADMAN

612 Earl Garrett Street

Kerrville , Texas 78028

Telephone: (830) 257-5005

Facsimile: (830) 896-1563

E-mail: jesksted @ktc.com

By: _______________

Clay B. Steadman State Bar No. 00785038

Attorney for John Doe

Certificate Of Service

No certificate of service is necessary, as this Motion and Order are being filed ex-parte, and hand delivered to the Court for review and consideration on , as same contains information regarding potential defense strategies and attorney work-product, and request has heretofore been made by the Defendant that this Motion and attached Order be sealed.

Clay B. Steadman Attorney for John Doe

On the _ day of ________, 2017 , came on to be considered John Doe ' s Motion to Proceed Ex Parte and Motion for Appointment of Mitigation Investigation Specialist and Request that this Motion and Attached Order be Sealed. After consideration of same , this Court Orders that John Doe ' s Motion to Proceed Ex Parte and Motion for Appointment of Mitigation Investigation Specialist and Request that this Motion and Attached Order be Sealed, be in all things :

THEREFORE , IT IS ORDERED that the Defendant is hereby initially authorized to expend funds in the amount of$****** , for purposes of retaining the services of a " Mitigation Investigation Specialist", to assist in the investigation and preparation of the Defendant ' s case for trial.

FURTHER, IT IS ORDERED that the Defendant ' s request that this Motion and attached Order, be in all things GRANTED , and that the Motion and this attached Order be sealed until further order of this Court.

Signed on ________ , 2017.