CAUSE N0. 97-34795-V THE STATE OF TEXAS IN THE 292"" JUDICIAL vs. :5 DISTRICT COURT KIMBERLY LAGAYLE MCCARTHY DALLAS COUNTY, TEXAS ORDER MODIFYING EXECUTION DATE The Court has reviewed the Defendant's Motion to Stay or Modify Execution Date and finds that additional proceedings are necessary on a subsequent application for writ of habeas corpus and additional time is necessary for Defendant to prepare and file the subsequent writ pursuant to Article 11.071 of the Texas Code of Criminal Procedure. IT IS THEREFORE ORDERED that the Defendant, Kimberly LaGayle McCarthy, who has been adjudged to be guilty of capital murder as charged in the indictment and whose punishment has been assessed by the verdict of the jury and judgment of the Court at Death, shall be kept in custody by the Director of the Texas Department of Criminal Justice, Institutional Division, until the day of April, 2013, upon which day, at the Texas Department of Criminal Justice, Institutional Division, at some time after the hour of six o'clocl< in a room arranged for the purpose of execution, the said Director, acting by and through the executioner designated by said Director, as provided by law, is hereby commanded, ordered and directed to carry out this sentence of death by intravenous injection ORDER MODIFYING EXECUTION DATE Mccarthy/ose Original of a substance or substances in a lethal quantity sufficient to cause the death of the said Kimberly LaGay1e McCarthy until the said Kimberly LaGayle McCarthy is dead. Such procedure shall be determined and supervised by the said Director ol'the Texas Department of Criminal Justice, Institutional Division. The Clerk of this Court shall issue and deliver to the Sheriff o1'Dal1as County, Texas, a Death Warrant in accordance with this Order, directed to the Director of the Department of Criminal Justice, Institutional Division, at I-luntsville, Texas. eornmanding him, the said Director, to put into execution the Judgment oi'Death against the said Kimberly LaGayle McCarthy. The previous warrant of execution is hereby recalled. The Sherift' of'Dallas County. Texas is hereby ordered, upon receipt of said Death Warrant, to deliver said Warrant to the Director of the Department of Criminal Justice, Institutional Division, Huntsville, Texas. SIGNED this 29"' day 2013. LAWMITC 29 JUDD LDISTRICT COURT DALLAS COUNTY, TEXAS ORDER MODIFYING EXECUTION DATE Mecarmyfose Original