Badall, Chrisondath
Opinion
CHRISONDATH BADALL
T.D.C.J. NO. #1329319 2400 WALLACE PACK RD.
NAVASOTA, TEXAS, 77868
TEXAS COURT OF CRIMINAL APPEALS (CLERK) P.O. BOX 12308
AUSTIN, TEXAS, 78711 1VED Si OTfCC OP CRIMINAL APPI OCT 23 2Q15 RE: CAUSE NO. WR-78,218-01
Dear Hon. Clerk; (Greetings)
Please find enclosed, the original and (2) copies of Applicant's Suggestion For Reconsideration on the Court's Own Motion to be filed for review. Sincerely Thankful;
OL^jjjL \**juul~
This document contains some pages that are of poor quality at the time ofimaging. TEXAS COURT IN
OF THE
CRIMINAL APPEALS ^%-°l AUSTIN, TEXAS
EX PARTE, ' §
BADALL, CHRISONDATH § CAUSE NO. WR-78,218-01
(Applicant) §
APPLICANT'S SUGGESTION FOR RECONSIDERATION
OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,
PURSUANT TO C.C.P. ART. 11.07/ ON THE COURT'S OWN MOTION
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se
in the above styled and numbered cause, respectfully makes his
suggestion for reconsideration of the Court's DISMISSAL of
Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.
11.07, on the Court's own motion. In support thereof, Applicant,
hereinafter referred to as, "BADALL," would show the Court the
following:
I.
Applicant's request for this Court's reconsideration of its
DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on
its own motion is authorized by T.R.A.P. Rule 79.2(d).
1. II.
Applicant believes the Court's reconsideration of its DISMISSAL of Applicant's Application for Writ of Habeas Corpus (11.07) is required in the interest of justice for the following reason:
THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL
APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT
OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS
RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,
ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL
PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &j2.
RELEVANT FACTS
The record reveals that on August 13, 2012, the Court of
Criminal Appeals received Mr. Badall's Application for Writ of
Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED
the Application for non-compliance on August 22, 2012. See:
(WR-78,218-01)
At no time prior to the Court's dismissal of Badall's Application was he notified by either, the Clerk of the convicting Court or the Clerk of the Court of Criminal Appeals of any defect(s)
within the Application, as required by T.R.A.P. Rule 73.2, nor
was Mr. Badall, or the convicting Court notified of the Court's
dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)
Due to reason, the convicting court was not advised of the
dismissal of Badall's Application for Writ of Habeas Corpus,
and believed it was still active, the convicting court conducted
2. a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
District Court of Liberty, County, Texas), in addition, appointed
Mr. Badall an attorney specifically for the evidentiary hearing
process. See: (WR-78,218-01)
After the evidentiary hearing was conducted, counsel for the
state and counsel for Mr. Badall submitted their Proposed Findings
of Fact and Conclusions of Law for the trial Judge's consideration.
On September 23, 2013, the Court of Criminal Appeals received
the Supplemental Clerk's Record from the convicting court, which
included the record of the evidentiary hearing and the Findings
of Fact and Conclusions of Law rendered by the trial judge.
On February 24, 2015, Mr. Badall sent a letter to the Court
of Criminal Appeals requesting a status report on his pending
Application for writ of habeas corpus. After no response, Mr.
Badall sent another letter to the Court of Criminal Appeals,
along with a letter to his appointed attorney, requesting a
status report. See: (EXHIBIT-B)
On March 27, 2015, Mr. Badall's appointed attorney responded
by informing Badall that his Application for Writ of Habeas Corpus
was DISMISSED for NON-COMPLIANCE almost (2) years prior to his
status report request, on August 22, 2012. See: (EXHIBIT-B)
Mr. Badall, although still not knowing the reason(s) for the
dismissal of his Application, immediately prepared and submitted
another Application for Writ of Habeas Corpus, pursuant to
3. V.A.C.C.P. art. 11.07.
On June 19, 2015, Mr. Badall's Application for Writ of Habeas
Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.
Rule 73.2. See: (EXHIBIT-C)
As before, Mr. Badall was not notified by either the Clerk
of the convicting Court, or the Clerk of the Court of Criminal
Appeals regarding what defects, if any, needed corrected for
compliance with Rule 73. See: (EXHIBIT-A)
ARGUMENT AND AUTHORITIES
An application filed under Article 11.07, Texas Code of Criminal
Procedure, must be filed on the prescribed 11.07 form application.
See: EX PARTE BLACKLOCK, 191 S.W.3d 718, 719 (Tex.Crim.App. 2006)
(citing T.R.A.P. Rule 73.1(a)).
Pursuant to T.R.A.P. Rule 73.1(c), the person making the
application must provide all information required by the form.
The application must specify all grounds for relief, and must
set forth in SUMMARY :fashion the FACTS supporting each ground.
The application must not cite cases or other law. Legal citations
and arguments may be made in a separate memorandum. The application
must be typewritten or handwritten legibly.
As the record reveals, Mr. Badall sufficiently complied to
each and every requirement set forth in Rule 73.1(a) through
(d), in-BOTH applications submitted by Badall. See:.(WR-78^218-01). Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting
court will not file an application that is not on the form prescribed
by the Court of Criminal Appeals, and will RETURN THE APPLICATION
TO THE PERSON WHO FILED IT, with a copy of the original form.
The Clerk of the Court of Criminal Appeals may, without filing
an application that does not comply with this rule, return it
to the Clerk of the convicting court, with a notation of the
defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE
APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official
form.
As stated previously, Mr. Badall was never notified by either
Court Clerk that his application had been dismissed on August
22, 2012, nor was informed for what reason(s) it was dismissed,
until he requested a status report on February 24, 2015, and
March 13, 2015, etc. See: (EXHIBIT-A, B)
A question has to be raised as to, if Mr. Badall or the trial
judge knew the Application was dismissed on August 22, 2012,
why then would the trial judge conduct a "live" evidentiary hearing
and enter his Findings of Fact and Conclusions of Law on the
same Application on June 11, 2013?
Also, another question must be raised, if the Clerk of the
convicting Court fulfilled her duties mandated by art. 11.07,
Free access — add to your briefcase to read the full text and ask questions with AI
CHRISONDATH BADALL
T.D.C.J. NO. #1329319 2400 WALLACE PACK RD.
NAVASOTA, TEXAS, 77868
TEXAS COURT OF CRIMINAL APPEALS (CLERK) P.O. BOX 12308
AUSTIN, TEXAS, 78711 1VED Si OTfCC OP CRIMINAL APPI OCT 23 2Q15 RE: CAUSE NO. WR-78,218-01
Dear Hon. Clerk; (Greetings)
Please find enclosed, the original and (2) copies of Applicant's Suggestion For Reconsideration on the Court's Own Motion to be filed for review. Sincerely Thankful;
OL^jjjL \**juul~
This document contains some pages that are of poor quality at the time ofimaging. TEXAS COURT IN
OF THE
CRIMINAL APPEALS ^%-°l AUSTIN, TEXAS
EX PARTE, ' §
BADALL, CHRISONDATH § CAUSE NO. WR-78,218-01
(Applicant) §
APPLICANT'S SUGGESTION FOR RECONSIDERATION
OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,
PURSUANT TO C.C.P. ART. 11.07/ ON THE COURT'S OWN MOTION
TO THE HONORABLE JUDGES OF SAID COURT:
NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se
in the above styled and numbered cause, respectfully makes his
suggestion for reconsideration of the Court's DISMISSAL of
Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.
11.07, on the Court's own motion. In support thereof, Applicant,
hereinafter referred to as, "BADALL," would show the Court the
following:
I.
Applicant's request for this Court's reconsideration of its
DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on
its own motion is authorized by T.R.A.P. Rule 79.2(d).
1. II.
Applicant believes the Court's reconsideration of its DISMISSAL of Applicant's Application for Writ of Habeas Corpus (11.07) is required in the interest of justice for the following reason:
THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL
APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT
OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS
RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,
ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL
PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &j2.
RELEVANT FACTS
The record reveals that on August 13, 2012, the Court of
Criminal Appeals received Mr. Badall's Application for Writ of
Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED
the Application for non-compliance on August 22, 2012. See:
(WR-78,218-01)
At no time prior to the Court's dismissal of Badall's Application was he notified by either, the Clerk of the convicting Court or the Clerk of the Court of Criminal Appeals of any defect(s)
within the Application, as required by T.R.A.P. Rule 73.2, nor
was Mr. Badall, or the convicting Court notified of the Court's
dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)
Due to reason, the convicting court was not advised of the
dismissal of Badall's Application for Writ of Habeas Corpus,
and believed it was still active, the convicting court conducted
2. a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
District Court of Liberty, County, Texas), in addition, appointed
Mr. Badall an attorney specifically for the evidentiary hearing
process. See: (WR-78,218-01)
After the evidentiary hearing was conducted, counsel for the
state and counsel for Mr. Badall submitted their Proposed Findings
of Fact and Conclusions of Law for the trial Judge's consideration.
On September 23, 2013, the Court of Criminal Appeals received
the Supplemental Clerk's Record from the convicting court, which
included the record of the evidentiary hearing and the Findings
of Fact and Conclusions of Law rendered by the trial judge.
On February 24, 2015, Mr. Badall sent a letter to the Court
of Criminal Appeals requesting a status report on his pending
Application for writ of habeas corpus. After no response, Mr.
Badall sent another letter to the Court of Criminal Appeals,
along with a letter to his appointed attorney, requesting a
status report. See: (EXHIBIT-B)
On March 27, 2015, Mr. Badall's appointed attorney responded
by informing Badall that his Application for Writ of Habeas Corpus
was DISMISSED for NON-COMPLIANCE almost (2) years prior to his
status report request, on August 22, 2012. See: (EXHIBIT-B)
Mr. Badall, although still not knowing the reason(s) for the
dismissal of his Application, immediately prepared and submitted
another Application for Writ of Habeas Corpus, pursuant to
3. V.A.C.C.P. art. 11.07.
On June 19, 2015, Mr. Badall's Application for Writ of Habeas
Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.
Rule 73.2. See: (EXHIBIT-C)
As before, Mr. Badall was not notified by either the Clerk
of the convicting Court, or the Clerk of the Court of Criminal
Appeals regarding what defects, if any, needed corrected for
compliance with Rule 73. See: (EXHIBIT-A)
ARGUMENT AND AUTHORITIES
An application filed under Article 11.07, Texas Code of Criminal
Procedure, must be filed on the prescribed 11.07 form application.
See: EX PARTE BLACKLOCK, 191 S.W.3d 718, 719 (Tex.Crim.App. 2006)
(citing T.R.A.P. Rule 73.1(a)).
Pursuant to T.R.A.P. Rule 73.1(c), the person making the
application must provide all information required by the form.
The application must specify all grounds for relief, and must
set forth in SUMMARY :fashion the FACTS supporting each ground.
The application must not cite cases or other law. Legal citations
and arguments may be made in a separate memorandum. The application
must be typewritten or handwritten legibly.
As the record reveals, Mr. Badall sufficiently complied to
each and every requirement set forth in Rule 73.1(a) through
(d), in-BOTH applications submitted by Badall. See:.(WR-78^218-01). Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting
court will not file an application that is not on the form prescribed
by the Court of Criminal Appeals, and will RETURN THE APPLICATION
TO THE PERSON WHO FILED IT, with a copy of the original form.
The Clerk of the Court of Criminal Appeals may, without filing
an application that does not comply with this rule, return it
to the Clerk of the convicting court, with a notation of the
defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE
APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official
form.
As stated previously, Mr. Badall was never notified by either
Court Clerk that his application had been dismissed on August
22, 2012, nor was informed for what reason(s) it was dismissed,
until he requested a status report on February 24, 2015, and
March 13, 2015, etc. See: (EXHIBIT-A, B)
A question has to be raised as to, if Mr. Badall or the trial
judge knew the Application was dismissed on August 22, 2012,
why then would the trial judge conduct a "live" evidentiary hearing
and enter his Findings of Fact and Conclusions of Law on the
same Application on June 11, 2013?
Also, another question must be raised, if the Clerk of the
convicting Court fulfilled her duties mandated by art. 11.07,
§3(b), and forwarded Badall's Application to the District Attorney,
etc., then how did the Court of Criminal Appeals DISMISS Badall's
Application BEFORE any Findings of Fact and Conclusions of Law
were provided to them pursuant to art. 11.07, §3(d)?
5. Mr. Badall asserts that the record clearly reveals that his
Application filed on April 18, 2012, and/or the Application
dismissed on June 19, 2015, were in compliance with T.R.A.P.
Rule 73.1(a)-(d), whereas, the information provided on the application
were typewritten, the FACTS were in summary form, and the applications
and memorandums were within the required page limitation. See:
Article I, §12 of the Texas Constitution states: "The writ
of habeas corpus is a writ of right and shall never be suspended."
See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App.
2008)(The legislature shall enact laws to render the remedy
speedy and effectual) .
Similarly, article 1.08, Texas Code of Criminal Procedure,
provides that "the writ of habeas corpus is a writ.of right and
shall never be suspended."
In addition, the Court of Criminal Appeals, the District
Courts, the County Courts, or any Judge of said Courts, have
power to issue the writ of habeas corpus; and it is their duty,
UPON PROPER MOTION, to grant the writ under the rules prescribed
by law. See: TEX.CODE CRIM.PROC. ART. 11.05.
By the Court(s) DISMISSAL of Badall's application(s) for
writ of habeas corpus,.such unreasonable action has placed an
unnecessary burden, delay, and expense on Mr. Badall from having
to reproduce copies of exhibits and refiling the application
and memorandum, etc.
6. PRAYER
For the above and foregoing reasons, Mr. Badall asks this Court to reconsider its dismissal of his Application(s) for Writ of Habeas Corpus on the court's own motion, and reinstate Mr. Badall's Application/memorandum for review of its merits. Executed on this \|PVV day of OcAVspg-vT 2015.
:„.^jJi ftgjjp. CHRISONDATH BADALL
OATH
I, CHRISONDATH BADALL, do declare under the penalty of perjury pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that the facts stated herein my request for the Court's reconsideration
of its dismissal of my application for writ of habeas corpus,
on the court's own motion, is true and correct.
Executed on this "\ U V day of Oc.-W)\\e.>f / 2015.
CERTIFICATE OF SERVICE
I, CHRISONDATH BADALL, do certify that a true and correct
copy of this document was served on Respondent by U.S. Mail, postage prepaid, addressed to: »,.
Liberty County, Texas, District Attorney XfeLdtvy^Lf. BsarkJ^ CHRISONDATH BADALL -1923 Sam Houston St. T.D.C.J. NO. #1329319
Liberty, Texas, 77575 ?400 war.r.flCF. pack rd„ NAVASOTA, TX. 77868 r vv\\ &\t VOLUNTARY AFFIDAVIT
I, CHRISONDATH BADALL, being of sound mind, and over the age of (18) years old, make this declaration from personal knowledge, and under the penalty of perjury:
I filed my first Application for Writ of Habeas Corpus pursuant to C.C.P. art. 11.07, on April 18, 2012. On June 11, 2013, the trial judge of the 75th Judicial District Court of Liberty County, Texas, appointed me an attorney and held an evidentiary hearing pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01.
At no time prior to this evidentiary hearing was I informed that my application for writ of habeas corpus had been DISMISSED for NON-COMPLIANCE on August 22, 2012. I did not learn of this fact until after requesting a status report from my appointed attorney, on March 27, 2015. See: (EXHIBIT-B)
I immediately refiled my application for writ of habeas corpus, but it was, AGAIN, dismissed for non-compliance on June 19, 2015, unbeknownth to me until obtaining another status report by way of the inter-net. See: (EXHIBIT-C)
I, CHRISONDATH BADALL, do declare under the penalty of perjury that the facts stated herein my Voluntary Affidavit is true and correct.
Executed on this \U day of DcA-PV^esT / 2015.
:.j?jl p^./iii CHRISONDATH BADALL
T.D.C.J. NO.#1329319
2400 Wallace pack rd.
navasota, texas, 77868 Stephen C. Taylor Attorney at Law
P.O. Box 293 Conroe, Texas 77305 Voice Mail (800) 223-8308 Fax (936) 539-1079 e-mail: sctaylorl@peoplepc.com
March 27, 2015
Chrisondath Badall TDC# 1329319 Pack One Unit 2400 Wallace Pack Rd. Navasota, Texas 77868
Re: Writ No. WR-78,218-01; Liberty County
Mr. Badall:
Records from the Court of Criminal Appeals (CCA) reflect:
On 8-13-12 the CCA received an Application for Writ of Habeas Corpus from you; assigned caset WR-78,218-01.
On 8-22-12 the CCA DISMISSED your Application for Writ of Habeas Corpus for NON-COMPLIANCE.
On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S RECORD from the Liberty County District Clerk's Office, which included the record from our hearinqs, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed the SUPPLEMENTAL CLERK'S RECORD, but took no action because case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE.
On 2-24-15 and 3-13-15 you corresponded with the CCA requesting a status update. On both occasions the CCA advised you that case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE.
ink you,
Stephen C. Tay] SHARONKELLER rirtIm„ _„ /-(_„ __-T . _ * rm^ i v ci ABELACOSTA presiding judge Court o f Criminal appeals clerk (512)463-1551 P.O. BOX 12308, CAPITOL STATION LAWRENCE E. MEYERS A , ,QTnj XRY A C 78T1 1 CHERYL JOHNSON AUb I IN, 1fcXAS 78711 SIAN SCHILHAB MIKE KEASLER BARBARA P. HERVEY GB^SK^S2?EL (512)463-1597 ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES
April 01, 2015
Chrisondath Badall 320 S. Chestnut St. Lufkin, TX 75901
Re: Badall, Chrisondath CCA No. WR-78,218-01 Trial Court Case No. CR24834-A
Your letter has been received. Please be advised:
IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN WRITING.
• To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any aliases, TDCJ number, date of conviction, county of conviction, appeal numberand complete mailing address. • Your records will not be returned to you because once records are received in the Court they become the permanent records of this Court. @ Your application for writ of habeas corpus has been received on Monday, August 13, 2012. The status is: DISMISSED - NON COMPLIANT on August 22, 2012. Specifically, facts not set out on the prescribed form. • Neither the Judges nor the staff of the Court can give legal advice. We recommend you contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional Division. Sincerely,
Abel Acosta. Clerk
Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701 Court of Criminal Appeals Docket Sheet Case Number WR-78,218-01 Date Filed: 08/13/2012
Style: Badall, Chrisondath
Original Proceeding: No
Case Description: 11.07HC
Punishment: 55 YRS BondAmount: In Jail: False
Tnal Court Information County CourtName Case # Judge Court Reporter
Liberty 75th District Court CR24834-A COA Information
COA Case Number Published Cite COAJudge Disposition Code
09-05-00498-CR
Events and Opinions
Event Date Stage Event Event Disposition Grouping Order Subrrus Description Type sion
! i 03/13/2015 HABEAS iSTATUS 1PROSE iNONCOMP/R i CORPUS REC j JETD -1107-HC [ _ _.„L-e„™ 1
102/24/2015 THABEAS \STATUS jPROSE " rNONCOMP/R ! i I \ CORPUS RECj 'ETD ; -1107-HC j J 09/23/2013 HABEAS " jSUPP/CLERK {WRIT 'CORPUS REC;RECORD ,- 1107-HC )__ __ _ [_- ._ NONCOMP/R ! . NONCOM 08/22/2012 ^HABEAS ACTION ;WRIT CORPUS REC TAKEN ETD P/RETD •; S73.1 ! :-1107-HC ! 08/15/2012 (HABEAS iWRfT iWRIT CORPUS REC "SUBMITTED j j-1107-HC j \_ _ ''.08/13/2012 [HABEAS jWRrr 'WRIT ' CORPUS REC i RECEIVED i-1107-HC
Renort Preoared on: 3/13/2015 2:33:47 PM 1 of 1 Texas Judicial BRANCH
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CASE: WR-78,218-01 DATE FILED: 08/13/2012
CASE TYPE: 11.07 HC
BADALL. CHRISONDATH
APPELLATE BRIEFS
DATE EVENT TYPE DESCRIPTION DOCUMENT
NO BRIEFS.
CASE EVENTS
http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015 DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT^^^ LETTER DISMISSED - NON- STATUS (INMATE 03/13/2015 PROSE COMPLIANCE [ PDF/57 KB I CORRES)
LETTER
I PDF/35 KB 1 STATUS (INMATE \ DISMISSED - NON- 02/24/2015 ; PROSE i COMPLIANCE NOTICE = CORRES) [ PDF/102 KB ]
APPLICATION FOR SUPP/CLERK 09/23/2013 WRIT OF HABEAS RECORD CORPUS-11.07
APPLICATION FOR DISMISSED - NON 08/22/2012 ACTION TAKEN WRIT OF HABEAS I COMPLIANCE CORPUS-11.07
APPLICATION FOR 08/13/2012 WRIT RECEIVED WRIT OF HABEAS CORPUS -11.07
CALENDARS
CALENDAR TYPE REASON SET SET DATE
STORED WRIT STORED 08/22/2012
PARTIES
PARTYTYPE REPRESENTATIVE PARTY APPLICANT (WRITSJ/APPELLANTS BADALL. CHRISONDATH (CASES)
COURT OF APPEALS INFORMATION:
09-05-00498-CR COA CASE NUMBER
COA DISPOSITION:
OPINION CITE:
COURT OF APPEALS DISTRICT: 9TH COURT OF APPEALS
TRIAL COURT INFORMATION
75TH DISTRICT COURT COURT:
LIBERTY COUNTY:
COURT JUDGE:
CR24834-A COURT CASE:
http://ww.search.txcourts.gov/Case.aspx?cn=WR-785218-01&coa-coscca 3/27/2015 £b Functions Options * '•> . - i #1*4"*,, ---"., V),/ % -- *>, t^Vr %WiW'>>*^^ MfiH Case Page History/Calendarin HiDdcket TrahsactibiiisI :Motesj Case No CR24834-A Hie No CR24834-A (Sea ~ Date Description Vol Page Name C 87222013 AFFIDAVIT OF JOSEPH L. LANZA/SB ~ I 4 — r I-* C 89132813 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB I 11 C 89132813 DOCKET SHEET/SB I 1 C 09182813 PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB- I 202 C 89182813 DOCKET SHEET/SB V„« *' 2 C 89182813 COVER~LETTER TO COO/SB"* ' "";\"- C 86192815*- PER-'COA'THIS 'CASE^UAS- DISMISSED- FOR-'' NON -COMPLIANCE/fMU4Jr> Additional information \s Sequence ] Parry Name Date OK I Prior I Imaging j Save Parties View Money Locate Exit Help & Case No. (The Clerk of the convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 NAME: CHRISONDATH BADALL DATE OF BIRTH: PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.C.J. TDCJ-C1D NUMBER: 1329319 SID NUMBER: (1) This application concerns (check all that apply): H a conviction a parole H a sentence • mandatory supervision d time credit B out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) 75th JUDICIAL DISTRICT, LIBERTY COUNTY/ TEXAS (3) What was the case number in the trial court? CAUSE NO. 24,834 (4) What was the name of the trial judge? HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq) Revised: September 1, 2011 ATC-11.07 (5) Were you represented by counsel? If yes, provide the attorney's name: RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal (6) What was the date that the judgment was entered? SETEMBER 9, 2005 (7) For what offense were you convicted and what was the sentence? MURDER (55) YEARS IMPRISONMENT (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? N/A (9) What was the plea you entered? (Check one.) d guilty-open plea • guilty-plea bargain S not guilty • nolo contendere!no contest If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? • no jury 8 jury for guilt and punishment a jury for guilt, judge for punishment (11) Did you testify at trial? If yes, at what phase of the trial did you testify? GUILT/INNOCENCE and PUNISHMENT (12) Did you appeal from the judgment of conviction? K yes • no Revised: September 1, 2011 ATC-11.07 If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? NINTH district of TEXAS (B) What was the case number? 09-05-00498-CR (C) Were you represented by counsel on appeal? If yes, provide the attorney's name: JOSEPH L. LANZA (D) What was the decision and the date ofthe decision? AFFIRMED/1-31-07 (13) Did you file a petition for discretionary review in the Court of Criminal Appeals? S yes • no If you did file a petition for discretionary review, answer the following questions: (A) What was the case number? pd-0552-07 (B) What was the decision and the date of the decision? DISMISSED/6-20-07 (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction! d yes s no If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number? N/A (B) What was the decision and the date of the decision? N'A (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. N/A Revised: September L 2011 ATC-11.07 (15) Do you currently have any petition or appeal pending in any otherstate or federal court? d yes h no If you answered yes, please provide the nameof the court and the case number: N/A (16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system oftheTexas Department ofCriminalJustice? (This requirement applies to any final felony conviction, including state jail felonies) a yes • no N/A (A) What date did you present the claim? N/A (B) Did you receive a decision and, if yes, what was the date of the decision? N/A If you answered no, please explain whyyou have not submitted your claim: N/A (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then brieflysummarize the facts supportingeach ground. You must present each ground on the form application and a brief summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen presented on theform application, the Court willnot consider yourgrounds. Revised: September 1,2011 ATC-11.07 If you have more than four grounds, use page 10 ofthe form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. You may attach a memorandum of law to the form application if you want to present legal authorities, but the Court will not consider grounds for relief in a memorandum of law that were not stated on the form application. If you are challenging the validity of your conviction, please include a summary of the facts pertainingto your offense and trial in your memorandum. • , „ u i ir.ii Revised: September 1.2011 ATC-11.07 GROUND ONE: INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL (NOTE: Same Law Firm handled applicant's trial and appeal) FACTS SUPPORTING GROUND ONE: Applicant's trial and/or appellate counsel's representation was so deficient that it fell below an objective standard of reasonableness, and there is a reasonable probability that, but for counsel(s) unprofessional error(s) stated in points of error (A) through (p) of applicant's MEMORANDUM IN SUPPORT of application, the result of the trial and/or appellate proceedinq would had been different, thus, violatinq applicant's 6th and 14th amendment rights to the U.S. Constitution and Art.I, §10. of the Texas Constitution. See: (MEMORANDUM IN SUPPORT OF APPLICATION, page 1- ) Revised: September 1, 2011 ATC-11.07 GROUND TWO: N/A FACTS SUPPORTING GROUND TWO: Revised: September 1,2011 ATC-11.07 GROUND THREE: N/A FACTS SUPPORTING GROUND THREE: N/A Revised: September 1, 2011 ATC-11.07 GROUND FOUR: N/A FACTS SUPPORTING GROUND FOUR: Revised: September 1, 2011 ATC-11.07 GROUND: N/A FACTS SUPPORTING GROUND: wmrwwur.FORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT "*. may BE ENTITLED IN THIS PROCEEDING. tO VERIFICATION This application must be verified or it will be dismissed for non-compliance. Forverification purposes, an applicant isa person filing the application onhis or her own behalf. Apetitioner isa person filing the application on behalf of anapplicant, for example, an applicant's attorney. An inmate is a person who is incustody. The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may sign the "Oath Before a Notary Public" as petitioner and then complete 'Tetitioner's Information." A non-inmate applicant must sign the "Oath Before a Notary Public" before a notary public unless he isrepresented by a licensed attorney, in which case the attorney may sign the verification as petitioner. A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public and mustalso complete "Petitioner'sInformation." An inmate petitioner mustsign eitherthe "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the appropriate "Petitioner's Information." OATH BEFORE A NOTARY PUBLIC STATE OF TEXAS COUNTY OF _, being duly sworn, under oath says: "I am theapplicant / petitioner (circle one) inthis action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts statedin the application are true." N/A Signatureof Applicant/ Petitioner (circle one) SUBSCRIBED AND SWORN TOBEFORE ME THIS DAY OF , 20_. N/A Signature of Notary Public Revised: September 1,2011 ATC-11.07 PETITIONER'S INFORMATION Petitioner's printed name: N/A State barnumber, if applicable: N/A. w/ t\ Address: N/A Telephone: Fax: N/A INMATE'S DECLARATION L Chrisondath Badall am the applicant / petitioner (circle one) and being presently incarcerated in T. D. C . J . -C . I. D• j declare under penalty of perjury that, according to my belief, the facts stated in the above application are tnie and correct Signed on ,20 . Signature ofApplicanw Petitioner (circle one) Revised: September 1,2011 ATC-11.07 PETITIONER'S INFORMATION 'V Petitioner's printed name: JAMES WESLEZ SCHEXNIDER Address: 3060 FM 3514 #703577 MARK W. STILES UNIT T.D.CJ BEAUMONT, TEXAS, 77705 Signed on _,20_ ATC-11.07 Revised: September 1, 2011 CHRISONDATH BADALL T.D.CJ. NO. #1329319 AUSTIN, TEXAS, 78711 RE: CAUSE NO. WR-78,218-01 Please find enclosed, the original and (2) copies of Applicant's Suggestion For Reconsideration on the Court's Own Motion to be' filed for review. Sincerely Thankful; OL^jjjL QjiJUl- IN THE TEXAS COURT OF CRIMINAL APPEALS AUSTIN, TEXAS EX PARTE, § BADALL, CHRISONDATH CAUSE NO. WR-78,218-01 OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS, PURSUANT TO C.C.P. ART. 11.07, ON THE COURT'S OWN MOTION in the above styled and numbered cause, respectfully makes his suggestion for reconsideration of the Court's DISMISSAL of Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART. 11.07, on the Court's own motion. In support thereof, Applicant, hereinafter referred to as, "BADALL," would show the Court the Applicant's request for this Court's reconsideration of its DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on its own motion is authorized by T.R.A.P. Rule 79.2(d). :.4 II. Applicant believes the Court's reconsi-d&cati-6n; afrits DISMISSAL of Applicant's Application for Writ of Habeas Corpus (11.07) is required in the interest of justice for the following reason: APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION, ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODS -OF CRIMINAL PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &;2. Criminal Appeals received Mr. Badall's Application for Writ of Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED At no time prior to the Court's dismissal of Badall's Application was he notified by either, the Clerk of the convicting Court or the Clerk of the Court of Criminal Appeals of any defect(s) within the Application, as required by T.R.A.P. Rule 73.2, nor was Mr. Badall, or the convicting Court notified of the Court's dismissal of the Application on August 22, 2012. See: (EXHIBIT-A) dismissal of Badall's Application for Writ of Habeas Corpus, and believed it was still active, the convicting court conducted 2. a "LIVE" evidentiary hearing on June 11, 2013, pursuant to V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial District Court of Liberty, County, Texas), in addition, appointed Mr. Badall an attorney specifically for the evidentiary hearing process. See: (WR-78,218-01) After the evidentiary hearing was conducted, counsel for the state and counsel for Mr. Badall submitted their Proposed Findings of Fact and Conclusions of Law for the trial Judge's consideration. On September 23, 2013, the Court of Criminal Appeals received the Supplemental Clerk's Record from the convicting court, which included the record of the evidentiary hearing and the Findings of Criminal Appeals requesting a status report on his pending Application for writ of habeas corpus. After no response, Mr. On March 27, 2015, Mr. Badall's appointed attorney responded by informing Badall that his Application for Writ of Habeas Corpus was DISMISSED for NON-COMPLIANCE almost (2) years prior to his dismissal of his Application, immediately prepared and submitted On June 19, 2015, Mr. Badall's Application for Writ of Habeas Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P. of the convicting Court, or the Clerk of the Court of Criminal An application filed under Article 11.07, Texas Code of Criminal Procedure, must be filed on the prescribed 11.07 form application. See: EX PARTE BLACKLOCK, 191 S.W.Sd 718, 719 (Tex.Crim.App. 2006) application must provide all information required by the form. The application must specify all grounds for relief, and must set forth in SUMMARY fashion the FACTS supporting each" ground. The application must not cite cases or other law. Legal citations and arguments may be made in a separate memorandum. The application must be typewritten or handwritten legibly. As the record reveals, Mr. Badall sufficiently complied to each and every requirement set forth in Rule 73.1(a) through (d), in- BOTH applications submitted by Badall. See: (WR-78^218401). Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting court will not file an application that is not on the form prescribed by the Court of Criminal Appeals, and will RETURN THE APPLICATION TO THE PERSON WHO FILED IT, with a copy of the original form. The Clerk of the Court of Criminal Appeals may, without filing an application that does not comply with this rule, return it to the Clerk of the convicting court, with a notation of the defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official As stated previously, Mr. Badall was never notified by either Court Clerk that his application had been dismissed on August 22, 2012, nor was informed for what reason(s) it was dismissed, until he requested a status report on February 24, 2015, and March 13, 2015, etc. See: (EXHIBIT-A, B) A question has to be raised as to, if Mr. Badall or the trial judge knew the Application was dismissed on August 22, 2012, why then would the trial judge conduct a "live" evidentiary hearing and enter his Findings of Fact and Conclusions of Law on the convicting Court fulfilled her duties mandated by art. 11.07, §3(b), and forwarded Badall's Application to the District Attorney, etc., then how did the Court of Criminal Appeals DISMISS Badall's Application BEFORE any Findings of Fact and Conclusions of Law were provided to them pursuant to art. 11.07, §3(d)? 5. Mr. Badall asserts that the record clearly reveals that his Rule 73.1 (a)-.(d) , whereas, the information provided on the application were typewritten, the FACTS were in summary form, and the applications and memorandums were within the required page limitation. See: of habeas corpus is a writ of right and shall never be suspended." See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App. speedy and effectual). provides that "the writ of habeas corpus is a writ of right and power to issue the writ of habeas corpus; and it is their duty, UPON PROPER MOTION, to grant the writ under the rules prescribed by law. See: TEX.CODE CRIM.PROC ART. 11.05. By the Court(s) DISMISSAL of Badall's application(s) for writ of habeas corpus, such unreasonable action has placed an unnecessary burden, delay, and expense on Mr. Badall from having and memorandum, etc. PRAYER For the above and foregoing reasons, Mr. Badall asks this Court to reconsider its dismissal of his Application(s) for Writ of Habeas Corpus on the court's own motion, and reinstate Mr. Badall's Application/memorandum for review of its merits. Executed on this \L, ^ day of QcAv>\p€-\T > 2015. "7 ;) /71s- I, CHRISONDATH BADALL, do declare under the penalty of perjury pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that the facts stated herein my request for the Court's reconsideration of its dismissal of my application for writ of habeas corpus, Executed on this \U* day of Qc.M>\\ copy of this document was served on Respondent by U.S. Mail, postage prepaid, addressed to: Liberty County, Texas, District Attorney ML^iJLJ. 2*rk££ CHRISONDATH BADALL 1923 Sam Houston St. T.D.CJ. NO. #1329319 Liberty, Texas, 77575 2400 WALLACE PACK RD. NAVASOTA, TX. 77868 r VOLUNTARY AFFIDAVIT I, CHRISONDATH BADALL, being" of sound mind, and over the age of i) years old, make this declaration from personal"Tcrrawledge> I filed ;my first Appricati'on: for Writ of Habeas Corpus pursuant to C.C.P. art. 11.07, on April 18, 2012. On June 11, 2013, the trial judge of the 75th Judicial District Court of Liberty County, Texas, appointed me an attorney and held an evidentiary hearing pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01 At no time prior to this evidentiary hearing was I informed that my application for writ of habeas corpus had been DISMISSED for NON-COMPLIANCE on August 22, 2012. I did not learn of this fact until after requesting a status report from my appointed attorney, on March 27, 2015. See: (EXHIBIT-B) I immediately refiled my application for writ of habeas corpus, but it was, AGAIN, dismissed for non-compliance on June 19, 2015, unbeknownth to me until obtaining another status report by way of the inter-net. See: (EXHIBIT-C) I, CHRISONDATH BADALL, do declare under the penalty of perjury that the facts stated herein my Voluntary Affidavit is true and correct. Executed on this \U v day of DcWY^"" 2015. 2400 Wallace pack rd. navasota, texas, 77868 Stephen C. Taylor Attorney at Law P.O. Box 293 Conroe, Texas 77305 Voice Mail (800) 223-8308 Fax (936) 539-1079 e-mail: sctaylorl@peoplepc.com Chrisondath Badall TDC# 1329319 Pack One Unit 2400 Wallace Pack Rd. Navasota, Texas 77868 Records from the Court of Criminal Appeals (CCA) reflect: On 8-13-12 the CCA received an Application for Writ of Habeas Corpus from you; assigned case# WR-78,218-01. On 8-22-12 the CCA DISMISSED your Application for Writ of Habeas Corpus for NON-COMPLIANCE. On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S RECORD from the Liberty County District Clerk's Office, which included the record from our hearings, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed the SUPPLEMENTAL CLERK'S RECORD, but took no action because case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE. On 2-24-15 and 3-13-15 you corresponded with the CCA requesting a status update. On both occasions the CCA advised vou that case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE. // Thank you, SJ^- ,-• , /)• // Stephen C. Taylcvr SHSS^- -Go&r? m-€wmm&L Appeals " •" ™:'" (5i^55] "' P.O. BOX 12308, CAPITOL STATION LAWRENCE E.MEYERS AUSTIN, TEXAS 78711 SIANSCH1LHAB CHERYL JOHNSON GENERAL COUNSEL MIKE KEASLER (512)463-1597 BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL n inoF.s Chrisondath Badali 320 S. Chestnut St. Lufkin. TX 75901 Re: Badall, Chrisondath CCA No. WR-78,218-01 Trial Court Case No. CR24834-A IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN WRITING. • To obtain Copies ofitems requested, contact the State Law Library, Inmate Copy Service, at PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any aliases, TDCJ number, date ofconviction, county ofconviction, appeal number and complete mailing address. D Your records will not be returned to you because once records are received in the Court they become the permanent records of this Court. S Your application for writ of habeas corpus has been received on Monday, August 13, 2012. The status is: DISMISSED - NON COMPLIANT on August 22, 2012. Specifically, facts notsetouton the prescribed form. • Neither the Judges nor the staff of the Court can give legal advice. We recommend you contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional Division. Sincerely, Abel Afeosta, Clerk SupremeCourt Building, 201 West 14th Street, room 106, Austin, Texas 78701 Website www.txcourts.gov/cca.aspx Docket Sheet Court of Criminal Appeals Case Number WR-78,218-01 DaterFaefkQ&aaffiQI 2^ -. Trial Court Information County CourtName Case# Judge Court Reporter Liberty 75th District Court CR24834-A COA Information Events and Opinions : Event Date Stage :Event Event Disposition Grouping Order Submis ,Description Type sion 03/13/2015 HABEAS STATUS PROSE NONCOMP/R CORPUS REC ;etd -1107-HC 02/24/2015 HABEAS STATUS ;PROSE NONCOMP/R CORPUS REC ETD -1107-HC 09/23/2013 ; HABEAS SUPP/CLERK WRIT CORPUS REC ;RECORD -1107-HC 08/22/2012 HABEAS ACTION ;WRIT NONCOMP/R NONCOM CORPUS REC TAKEN ETD P/RETD -1107-HC 73.1 08/15/2012 HABEAS WRIT WRIT CORPUS REC .SUBMITTED -1107-HC 08/13/2012 HABEAS WRIT WRIT CORPUS REC RECEIVED -1107-HC Report Preoared on: 3/13/2015 2:33:47 Pivi Texas Judicial BRANCH MENU ; Home Courts ' Rules & Forms ' Organizations"" Publications & Training " Programs & Services "" Judicial Data " eFile Texas Media V.: EVENT TYPE DESCRIPTION DOCUMENT i DATE http://www.search.txcourts.gov/Case.aspx?cn=WR-78.218-01&coa=coscca 3/27/2015 i DATE | EVENT TYPE DESCRIPTION J DISPOSITION j DOCUMENTi LETTER STATUS (INMATE DISMISSED - NON- I 03/T3720T5 PROSE CORRES) COMPLIANCE [ PDF/57 KB 1 [ PDF/35 KB) STATUS (INMATE DISMISSED - NON- | 02/24/2015 CORRES) PROSE : COMPLIANCE NOTICE APPLICATION FOR SUPP/CLERK 09/23/2013 WRIT OF HABEAS RECORD CORPUS-11.07 APPLICATION FOR DISMISSED - NON- j 08/22/2012 ACTION TAKEN WRIT OF HABEAS COMPLIANCE CORPUS-11.07 APPLICATION FOR ! 08/13/2012 WRIT RECEIVED WRIT OF HABEAS CORPUS-11.07 SET DATE ! CALENDAR TYPE REASON SET 08/22/2012 STORED WRIT STORED PARTY PARTYTYPE REPRESENTATIVE APPLICANT (WRITS)/APPELLANT'S I BADALL. CHRISONDATH (CASES) COA CASE NUMBER 09O5O049S-CR COURT: 75TH DISTRICT COURT COUNTY: LIBERTY COURT CASE: CR24834-A http://wvvw.search.txcourts.gov/Case.aspx?cn=WR-78r218-01 &coa=coscca 3/27/2015 y,w\£>. x - r —*--=gtS*3£Si~ \*\ (Net Data Corp A Function: Options - / * * Docket Transactions^ -set's s'g'&gsaSL • •»•,*> FJ3ne jH'slory/CalpnJarmg^^ Itofes I File No CR24834-A Case No CR24834-A Seq Date * Description Vol Page Name C 07222013 AFFIDAVIT OF JOSEPH L.^LANZfi/SB ' ' ' i C 09132813 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB i 111 i i CQ9132013 DOCKET-SHEET/SB - - t /"' j" i >i C 09182013 PREPARED'AND HAILED 1ST SUPPLEMENTAL RECORD/SB i 202I 1 C 09182013 DOCKET SHEET/SB i 2, • i "*, ^•r r ^ •C 06192015 PER COS THIS CflSE-lilflS-'DISniSSED^FOR" N0N COPI>LiflNCE/TN*>", * Additional information Sequence f " j Party Name j Date OK I Prior I imaging I Save Earties View Money Locate Exit Help fibtf 'I Case No. (The Cleric of the convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEAL^ OJ? TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 DATE OF BIRTH: — PLACE OF CONFINEMENT: pack-one UNIT, T.D.CJ. TDCJ-C3D NUMBER: 1329319 SID NUMBER: (I) This application concerns (check all that apply): ca a conviction n parole a a sentence a mandatory supervision d time credit si out-of-time appeal or petition for discretionary review (2) What district court entered the Judgment ofthe conviction you want relief from? (Include the court number and county.) 75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS (3) What was the case number in the trial court? CAUSE NO. 24,834 (4) What was the name of the trial judge? HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq) Revised: September L 2011 ATC-l 1.07 (5) Were you represented by counsel? If yes, provide the attorney's name: RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal) (6) What was the date that thejudgment was entered? SETEMBER 9, 2005 _____ (7) For what offense were you convicted and what was the sentence? MURDER (55) YEARS IMPRISONMENT (8) Ifyou were sentenced on more than one count of an indictment in the same court at the same time, whatcounts were you convicted of and whatwas the sentence in each count? (9) Whatwas the plea you entered? (Check one.) a guilty-open plea • guilty-plea bargain s not guilty a nolo contendere/no contest Ifyou entered different pleas to counts in a multi-count indictment, please explain: (10) What kind oftrial did you have? a no jury 8 jury for guiltand punishment n jury for guilt, judge for punishment (11) Did you testify at trial? If yes, at what phase ofthe trial did you testify? GUILT/INNOCENCE and PUNISHMENT (12) Did you appealfrom the judgment of conviction? a yes • no Revised: September 1,2011 ATC-11.07 Ifyou did appeal, answer the following questions: (A) What court of appeals did you appeal to? *tnth DISTRICT OF TEXAS (B) What was the case number? 09-05-00498-CR (C) Were you represented by counsel on appeal? If yes, provide the attorney's name: JOSEPH L. LANZA (D) What was the decision and the date of the decision? —_ (13) Did you file apetition for discretionary review in the Court of Criminal Appeals? a yes a no If you did ffle apetition for discretionary review, answer the following questions: (A) What was the case number? PD-0552-07 (B) What was the decision and the date ofthe decision? dtsmissed/6 20 07 (14) Have you previously filed an application for awrit of habeas corpus under Article 11.07 ofthe Texas Code of Criminal Procedure challenging this conviction! a yes a no Ifyou answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number? «ZA. (B) What was the decision and the date of the decision? (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. N/A ATC-11.07 Revised: September 1, 2011 (15) Do you currently have any petition or appeal pending in any other state or federal court? • yes H no Ifyou answered yes, please provide the name of the court and the case number: N/A . (16) Ifyou are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to thetime credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to amy final felony conviction, including statejailfelonies) a yes a no N/A If you answered yes, answer the following questions: (A) What date did you present the claim? N//A. (B) Did you receive a decision and, ifyes, what was the date of the decision? N/A If you answered no, please explain why you have not submitted your claim: N/A (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize thefacts supporting each ground. You must present each ground on the form application and a brief summary ofthe facts. Ifyour grounds and briefsummary ofthefacts have not been presented ontheform application, the Court will not consideryour grounds. Revised: September 1, 2011 ATC-11 -07 If you have more than four grounds, use page 10 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. You may attach a memorandum of law to the form application if you want to present legal authorities, but the Court will not consider grounds for relief in a memorandum of law that were not stated on the form application. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum. Revised: September 1,2011 ATC-11.0" GROUND ONE: _. »„„-.,. PnnMc.PT INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL (NOTE: Same Law Firm handled applicant's trial and appeal) Applicant's trial and/or appellate counsel's representation was so deficient that it fell below an objective standard of reas onableness, and there is a reasonable probability that, but error (A) through (f=) of applicant's MEMORANDUM IN SUPPORT of application, the result of the trial and/or appellate proceedinq would had been different, thus, violatinq applicant's 6th and 14th amendment rights to the U.S. Constitution and Art.I, §10, of the Texas Constitution. . Revised: September 1,2011 ATCA1 -07 GROUND TWO: N/A Revised: September L2011 ATC-11.0/ GROUND THREE: N/A N/i Revised: September 1, 2011 ATC-11.07 GROUND FOUR: N/A WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING. ATC-11.07 Revised: September 1,2011 VERIFICATION This application must be verified or it will be dismissed for non-compliance. For verification purposes, an applicant is aperson filing the application on his or her own behalf. Apetitioner is aperson filing the application on behalf ofan applicant, for example, an applicant's attorney. An inmate is aperson who is in custody. The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, theattorney may sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." Anon-mmate applicant must sign the "Oath Before aNotary Public" before anotary public unless he is represented by alicensed attorney, in which case the attorney may sign the verification as petitioner. A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before aNotary Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the appropriate "Petitioner's Information." ' , being duly sworn, under oath says: "I am the applicant / petitioner (circle one) in this action and know the contents ofthe above application for awrit ofhabeas corpus and, according to my belief, thefacts stated in theapplication are true." N/A Signature of Applicant / Petitioner (circle one) SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20_. Revised: September 1, 2011 ATC-11.07 PETITIONER'S INFORMATION Petitioner's printed name: N/A State bar number, if applicable: N/A N/A Address: N/A Telephone: N/A Fax: I, Chrisondath Badall am the applicant / petitioner (circle one) and being presently incarcerated in T.D.CJ. -C . I. D. declare underpenalty of perjury that, according to my belief, the facts stated in the above application are true and correct Signed on _ ^20_ Signature ofJ Petitioner (circle one) Revised: September 1,2011 ATC-11.07 Petitioner's printed name: irirfr«t. 3060 PM 3514 #703577 maov r.7 crm r co riMTT> T.D.CJ. 70 5 n.. l\l / ~i\i - •• J r*if=>nhr>np: Signed on f l ; > >r ,i/ * r i '% \ _. . ^«i ila—- / /i / rv*Ct.~,AU^. . ... '.j.t~CJ'"'" »*•>" •' " = ^gw-JLfiry *ramr— Wp-sncert- NpnTP.mnp.r i . i t i n ..-— CHRISONDATH BADALL Please find enclosed, the original and (2) copies of Applicant's Suggestion For Reconsideration on the Court's Own Motion to be filed for review. Sincerely Thankful; , \ .-OLsx^JlJl Q^^/fX-- IN THE (Applicant) * OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS, PURSUANT TO C.C.P. ART. 11.07, ON THE COURT'S OWN MOTION NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se in the above styled and numbered cause, respectfully makes his suggestion for reconsideration of the Court's DISMISSAL of Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART. 11.07, on the Court's own motion. In support thereof, Applicant, hereinafter referred to as, "SADALL," would show the Court the Applicant's request for this Court's reconsideration of its DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on its own motion is authorized by T.R.A.P. Rule 79.2(d). II. Applicant believes the Court's reconsideration of its DISMISSAL of Applicant's Application for Writ of Habeas Corpus (11.07) is required in the interest of justice for the following reason: APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION, ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &,2. Criminal Appeals received Mr. Badall's Application for Writ of Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED At no time prior to the Court's dismissal of Badall's Application was he notified by either, the Clerk of the convicting Court or the Clerk of the Court of Criminal Appeals of any defect(s) within the Application, as required by T.R.A.P. Rule 73.2, nor was Mr. Badall, or the convicting Court notified of the Court's dismissal of the Application on August 22, 2012. See: (EXHIBIT-A) dismissal of Badall's Application for Writ of Habeas Corpus, and believed it was still active, the convicting court conducted 2. a "LIVE" evidentiary hearing on June 11, 2013, pursuant to V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial District Court of Liberty, County, Texas), in addition, appointed Mr. Badall an attorney specifically for the evidentiary hearing process. See: (WR-78,218-01) After the evidentiary hearing was conducted, counsel for the state and counsel for Mr. Badall submitted their Proposed Findings of Fact and Conclusions of Law for the trial Judge's consideration. On September 23, 2013, the Court of Criminal Appeals received the Supplemental Clerk's Record from the convicting court, which included the record of the evidentiary hearing and the Findings of Fact and Conclusions of Law rendered by the trial judge. On February 24, 2015, Mr. Badall sent a letter to the Court of Criminal Appeals requesting a status report on his pending Application for writ of habeas corpus. After no response, Mr. Badall sent another letter to the Court of Criminal Appeals, along with a letter to his appointed attorney, requesting a status report. See: (EXHIBIT-B) On March 27, 2015, Mr. Badall's appointed attorney responded by informing Badall that his Application for Writ of Habeas Corpus was DISMISSED for NON-COMPLIANCE almost (2) years prior to his dismissal of his Application, immediately prepared and submitted On June 19, 2015, Mr. Badall's Application for Writ of Habeas Corpus was ag'airi DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P. of the convicting Court, or the Clerk of the Court of Criminal An application filed under Article 11.07, Texas Code of Criminal Procedure, must be filed on the prescribed 11.07 form application. See: EX PARTE BLACKLOCK, 191 S.W.3d 718, 719 (Tex.Crim.App. 2006) application must provide all information required by the form. The application must specify all grounds for relief, and must set forth in SUMMARYxfashion the FACTS supporting each ground. The application must not cite cases or other law. Legal citations and arguments may be made in a separate memorandum. The application each and every requirement set forth in Rule "73.1(a) through (d), in-BOTH applications submitted by Badall. See: (WR-78,218-01). 4. Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting court will not file an application that is not on the form prescribed by the Court of Criminal Appeals, and will RETURN THE APPLICATION TO THE PERSON WHO FILED IT, with a copy of the original form. The Clerk of the Court of Criminal Appeals may, without filing an application that does not comply with this rule, return it defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official As stated previously, Mr. Badall was never notified by either Court Clerk that his application had been dismissed on August 22, 2012, nor was informed for what reason(s) it was dismissed, A question has to be raised as to, if Mr. Badall or the trial why then would the trial judge conduct a "live" evidentiary hearing convicting Court fulfilled her duties mandated by art. 11.07, §3(b), and forwarded Badall's Application to the District Attorney, etc., then how did the Court of Criminal Appeals DISMISS Badall's Application BEFORE any Findings of Fact and Conclusions of Law 5. Mr. Badall asserts that the record clearly reveals that his Rule 73.1(a)-(d), whereas, the information provided on the application were typewritten, the FACTS were in summary form, and the applications and memorandums were within the required page limitation. See: of habeas corpus is a writ of right and shall never be suspended." See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App. provides that "the writ of habeas corpus is a writ of right and power to issue the writ of habeas corpus; and it is their duty, UPON PROPER MOTION, to grant the writ under the rules prescribed By the Court(s) DISMISSAL of Badall's application(s) for writ of habeas corpus; such unreasonable action has placed an unnecessary burden, delay, and expense on Mr. Badall from having For the above and foregoing reasons, Mr. Badall asks this Court to reconsider its dismissal of his Application(s) for Writ of Habeas Corpus on the court's own motion, and reinstate Mr. Badall's Application/memorandum for review of its merits. Executed on this \U ^ day of f)c..Vr>'\p€Ar~ / 2015. I, CHRISONDATH BADALL, do declare under the penalty of perjury pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that the facts stated herein my request for the Court's reconsideration of its dismissal of my application for writ of habeas corpus, Executed on this )j? day of Pc/W^eN" , 2015. copy of this document was served on Respondent by U.S. Mail, postage prepaid, addressed to: Liberty County, Texas, District Attorney 0LuJhj P*rk8l -.ooo 04- CHRISONDATH BADALL -1923 Sam Houston St. T.D.CJ. NO. #1329319 Liberty, Texas, 77575 240Q WALLACE pACR RD_ NAVASOTA, TX. 77868 rYAW &\t VOLUNTARY AgEI DM IX I, CHRISONDATH BADALL, being of sound mind, and over the age of (18) years old, make this declaration from personal knowledge, and under the penalty of perjury: I filed my first Application for Writ of Habeas Corpus pursuant to CCP. art. 11.07, on April 18, 2012. On June 11, 2013, the trial judge of the 75th Judicial District Court of Liberty County, Texas, appointed me an attorney and held an evidentiary hearing pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01 At no time prior to this evidentiary hearing was I informed that my application for writ of habeas corpus had been DISMISSED for NON-COMPLIANCE on August 22, 2012. I did not learn of this fact until after requesting a status report from my appointed attorney, on March 27, 2015. See: (EXHIBIT-B) I immediately refiled my application for writ of habeas corpus, but it was, AGAIN, dismissed for non-compliance on June 19, 2015, unbeknownth to me until obtaining another status report by way of the inter-net. See: (EXHIBIT-C) I, CHRISONDATH BADALL, do declare under the penalty of perjury that the facts stated herein my Voluntary Affidavit is true and correct. Executed on this \U^ day of fV.VoW^ 2015. T.D.CJ. NO.#1329319 2400 Wallace pack rd. navasota, texas, 77868 ? 1 _} Stephen C. Taylor Attorney at Law P.O. Box 293 Conroe, Texas 77305 Voice Mail (800) 223-8308 Fax (936) 539-1079 e-mail: sctaylorl@peoplepc.com Chrisondath Badall TDC# 1329319 Pack One Unit 2400 Wallace Pack Rd. Navasota, Texas 77868 On 8-13-12 the CCA received an Application for Writ of Habeas Corpus from you; assigned easel WR-78,218-01. On 8-22-12 the CCA DISMISSED your Application for Writ of Habeas Corpus for NON-COMPLIANCE. On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S RECORD from the Liberty County District Clerk's Office, which included the record from our hearings, and the FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed the SUPPLEMENTAL CLERK'S RECORD, but took no action because case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE. On 2-24-15 and 3-13-15 you corresponded with the CCA requesting a status update. On both occasions the CCA advised you that case # WR-78,218-01 had been previously DISMISSED for NON-COMPLIANCE. Stephen C. TayL< s™Dr^GE Court of Criminal Appeals abe™sta (512)463-1551 P.O. BOX 12308, CAPITOL STATION theryljohn^oEnERS CHERYL JOHNSON AUSTIN, TEXAS 78711 SIANschilhab GENERAL COUNSEL MIKE KEASLER (512)463-1597 BARBARA P. HERVEY ELSA ALCALA BERT RICHARDSON KEVIN P. YEARY DAVID NEWELL JUDGES Re: Badall, Chrisondath CCA No. WR-78,218-01 Trial Court Case No. CR24834-A IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN WRITING. • To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any aliases, TDCJ number, date of conviction, county of conviction, appeal number and complete mailing address. • Your records will not be returned to you because once records are received in the Court they become the permanent records of this Court. @ Your application for writ of habeas corpus has been received on Monday, August 13, 2012. The status is: DISMISSED -- NON COMPLIANT on August 22, 2012. Specifically, facts not set out on the prescribed form. • Neither the Judges nor the staff of the Court can give legal advice. We recommend you contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional Division. Sincerely, iJosta, Clerk Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701 Website www.txcourts.gov/cca.aspx Docket Sheet Court of Criminal Appeals Case Number WR-78,218-01 Date Filed: 08/13/2012 OriginalProceeding: No Trial Court Information Judge Court Reporter County Court Name Case# Liberty :75th District Court CR24834-A COA Information Event Date Stage Event Event Disposition Grouping Order Submis Description Type sion 03/13/2015 i HABEAS iSTATUS IPROSE NONCOMP/R iCORPUSREC; lETD (-1107-HC 02/24/2015 HABEAS ISTATUS PROSE ; noncomp/r CORPUSREC? ;etd -1107-HC 09/23/2013 lHABEAS iSUPP/CLERK WRIT CORPUS RECI RECORD •-1107-HC : NONCOMP/R NONCOM 08/22/2012 HABEAS ACTION IWRIT P/RETD ; CORPUS REC-TAKEN ETD 73.1 -1107-HC 08/15/2012 HABEAS 'WRIT !WRIT ;CORPUS REC; SUBMITTED ; -1107-HC 08/13/2012 HABEAS iWRIT WRIT CORPUS REC RECEIVED :-1107-HC ReDort Prepared on: 3/13/2015 2:33:47 PM Texas Judicial BRANCH MENU Courts" Rules & Forms " Organizations •r Publications & Training" Programs & Services'" Judicial Data " eFile Texas Media CASE TYPE: 11.07HC STYLE: BADALL. CHRISONDATH EVENT TYPE DESCRIPTION DOCUMENT DATE iNO BRIEFS. http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015 DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT LETTER STATUS (INMATE DISMISSED - NON 03/13/2015 PROSE CORRES) COMPLIANCE [ PDF/57 KB 1 NON- (PDF/35 KB 1 STATUS (INMATE I DISMISSED - 02/24/2015 PROSE CORRES) COMPLIANCE NOTICE (PDF/102 KB ] APPLICATION FOR SUPP/CLERK 09/23/2013 WRIT OF HABEAS RECORD CORPUS - 11.07 APPLICATION FOR DISMISSED - NON- 08/22/2012 ACTION TAKEN WRIT OF HABEAS COMPLIANCE CORPUS-11.07 APPLICATION FOR 08/13/2012 WRIT RECEIVED WRIT OF HABEAS CORPUS-11.07 SET DATE CALENDAR TYPE REASON SET APPLICANT (WRITS)/APPELLANT'S BADALL, CHRISONDATH (CASES) COA CASE NUMBER 09-05^30498-CR http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015-' w > Function: Options "'«iv>->i»<*,>n ' jSeq Qate ~"~ Description Vol Page •Name I 4 C 07222013 AFFIDAVIT OF JOSEPH L. LANZA/SB I C B9132Q13 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB I 11 i i C 09132B13 DOCKET SHEET/SB I i| C B9182Q13 PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB I 2021 C B9182013 COVER LETTER TO COA/SB I 11 C 06192815 PER COA THIS CASE WHS DISMISSED FOR i NON COMPLIHNCE/fM / Sequence \ \ Party Name ~"'j Date OK I Prior I imaging | Save Parties View Money I Locate Exit Help Case No. (The Clerk of the convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEAL^ 0# f EXAS APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE- OF CRIMINAL PROCEDURE* ARTICLE 11.07 DATE OF BIRTH: PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.CJ. TDC.I-CTD NUMBER: 1329319 SID NUMBER: (1) This application concerns (check all that apply): K a conviction • parole a time credit H out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) (3) What was the case number in the trial court? CAUSE NO. 24,834 (4) What was the name of the trial j udge? HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq) Revised: September 1,2011 ATC-11.07 Case No. (The Cleric of the convicting court will fill this line in.) APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 TDCJ-CID NUMBER: 1329319 SID NUMBER: ca a conviction • parole d time credit h out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) 75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS (3) What was the case number in the trial court? CAUSE NO. 24,834 (4) What was the name of the trial judge? HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq) Revised: September 1, 2011 ATC-11.07 (5) Were you represented by counsel? If yes, provide the attorney's name: RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal) (6) What was the date that the judgment was entered? SETEMBER 9, 2005 (7) For what offense were you convicted and what was the sentence? MURDER (55) YEARS IMPRISONMENT (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? o guilty-open plea a guilty-plea bargain S not guilty a nolo contenderelno contest If you entered different pleas to counts in a multi-count indictment, please explain: (11) Did you testify at trial? If yes, at what phase of the trial did you testify? GUILT/INNOCENCE and PUNISHMENT K yes o no Revised: September 1, 2011 ATC-11.07 If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? ninth district of TEXAS (B) What was the case number? 09-05-Q0498-CR (C) Were you represented by counsel on appeal? Ifyes, provide the attorney's name: JOSEPH L. LANZA (D) What was the decision and the date of the decision? affirmed/1-31-0 (13) Did you file apetition for discretionary review in the Court of Criminal Appeals? m yes a no If you did file apetition for discretionary review, answer the foUowing questions: (A) What was the case number? pd-0552-07 __ (B) What was the decision and the date of the decision? DTSMISSED/6-20-07 (14) Have you previously filed an application for awrit of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction I a yes & no Ifyou answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number?. __£ (B) What was the decision and the date of the decision? (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. N/A ATC-11.07 Revised: September 1,2011 (15) Doyou currently have any petition or appealpending in any other state or federal court? If you answered yes, please provide the name of the court and the case number: N/A (16) If you are presenting a claim for time credit, haveyou exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) • yes a no N/A (A) What date did you present theclaim? N/A (B) Didyou receive a decision and, if yes, what was the date of the decision? N/A If you answered no, please explain whyyou have not submitted your claim: N/A (17) Beginningon page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen presented on theform application, the Court willnot consider yourgrounds. Revised: September 1.. 2011 ATC-11.07 If you have more than four grounds, use page 10 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. You may attach a memorandum of law to the form application if you want to present legal authorities, but the Court will not consider grounds for relief in a memorandum of law that were not stated on the form application. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum. Revised: September 1,2011 ATC-11.07 GROUND ONE: INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL (NOTE: Same Law Firm handled applicant's trial and appeal) Applicant's trial and/or appellate counsel's representation reasonableness, and there is a reasonable probability that, but error (A) through (F) of applicant's MEMORANDUM IN SUPPORT of application, the result of the trial and/or appellate proceedinq would had been different, thus, violatinq applicant's 6th and 14th amendment riqhts to the U.S. Constitution and Art.I, §10- of the Texas Constitution. _^_____ — See: (MEMORANDUM IN SOPPORT OF APPLICATION, page 1- ) Revised: September 1, 2011 ATC-11.07I PDF/102 KB)
I 1 v C 09182013 COVER LETTER TO COfl/SB"
I 2 C 89182013 DOCKET SHEET/SB
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