Tay-K’s legal team is making another push to overturn his murder conviction, this time asking a Texas appeals court to temporarily pause the appellate process while they seek additional clarification from the trial judge.
According to newly filed court documents, the rapper’s attorneys are requesting that the trial court issue formal findings of fact and conclusions of law regarding its decision to deny a motion to suppress evidence obtained from an iPhone recovered during the investigation into the 2017 killing of San Antonio photographer Mark Saldivar.
During the original trial, Tay-K’s defense argued that investigators lacked probable cause to obtain the search warrant for the phone. The trial court rejected that argument, but his attorneys now contend the judge failed to provide a detailed written explanation supporting the ruling.
“The need for detailed findings of fact and conclusions of law is essential to this case,” the motion states. “Without concise, written findings of fact and conclusions of law, it is impossible to adequately brief the suppression issues raised by this appeal.”
The defense is asking the appeals court to send the matter back to the trial judge for those written findings before moving forward with the appeal. If that request is denied, the attorneys are seeking a two-week extension to complete their appellate brief, which is currently due July 1.
The appeal follows Tay-K’s conviction in the fatal shooting of Saldivar, for which he was sentenced to 80 years in prison. His attorneys have also questioned the credibility of testimony presented by one of the prosecution’s key witnesses during the trial.
The San Antonio sentence runs concurrently with the rapper’s existing 55-year sentence stemming from his role in a 2016 home invasion robbery that resulted in the death of Ethan Walker.
Tay-K, whose breakout single “The Race” became a viral hit after he recorded it while on the run from authorities, remains incarcerated. Previous efforts to overturn his convictions have been unsuccessful, and under his current sentences, he is reportedly not eligible for parole until 2049.
The appeals court has not yet ruled on the defense’s latest request.
