Case 4:11-cv-01696 Document 43-1 Filed in TXSD on 10/23/15 Page 1 of 3

EXHIBIT A

Case 4:11-cv-01696 Document 43-1 Filed in TXSD on 10/23/15 Page 2 of 3

JAMES

W. VOLBERDING

ATTORNEY AND COUNSELOR AT LAW

100 E. FERGUSON STREET
SUITE 500
TYLER, TEXAS 75702

Certified Public Accountant (Ark.)

Telephone: 903.597.6622

American Society ofCPAs

Telecopier. 866.398.6883

Hoard Ceraficd, Criminal Law

t-111ail:jomuwlbmli11t@.1,111ailt0111

Hoard Certified, Criminal Appellate Law

Cell Phone: 903.520.1373

Texas Hoard of Lebial Specialization

June 30, 2015

fONFJJ}El'{TIAL: ATTORNEY-CLIENT PRJVILEGE

Mr. Raphael Deon Holiday

Inmate No. 999419
Polunsky Unit
3872 F.M. 350 South
Livingston, TX 77351
Re :

Raphael D. Holiday v. Robert Thaler. Director, Petition for Writ of

Habeas Corpus, In the U.S. District Court, Eastern District of Texas,
Houston Division

Dear Raphael:

I am sorry, but the Supreme Court just denied your appeal. This marks the end of
work for your appeals I regret.

Mr. Kretzer and I are not going to file further appeals for you. Under federal and
law. an inmate is only allowed one habeas corpus petition to the state and federal
courts. ab~ent higlily unusual circumstance8 which do not exist in his case. Ccinsequendy ,: we do not believe any further appeals have any chance of success.
~tate

The only remaining option is for a clemency petition. to the Texas governor, but
we do not recommend that because he is not going to grant clemency in this case, or
likely in any other death penalty case. A clemency petition just gives an inmate false
hope.
The Madison County DA will soon ask the state judge to set an execution date,
.
and it will be November most likely, but possibly October.
You may be contacted by the Texas Defender Service or other law firms offering
to file a successor writ of habeas corpus for you. If so, you are free to authorize them to

-/ti'

' ...... '{'

Case 4:11-cv-01696 Document 43-1 Filed in TXSD on 10/23/15 Page 3 of 3

June 30, 2015

Page2
do so. Or you may write to them and make that request. Mr. Kretzer and I will cooperate
and provide your file. In our opinion, there is nothing to gain by doing this. The rules
forbidding successor writs are strktly enforced. We do not believe any successor writ has
even a remote chance of success.
Mr. Kretzer and I are genuinely sorry we could not win your case. I wish there
was more we could do. You are of course an important client, so please let me know if
you have any questions at all.
Sincerely,

6 \NJ}yp
W. Volberding

Jam~ ..

cc:

Mr. Seth Kretzer (via email)