..~,
v. CR~:''II~'J.I.\L A?WiEOlE:~~ED ~~ . AUSTJ:;·~ ~zc~WlMCRK\IIIN&t A~k!ALS 253&> DIS'.L'RIC':' COUR'I' of H?-\.;~RIS 20Ut"JTY JUN 1~tO'S :\.;
and would show tnis Cour-t t;1e follm;in:J ~ RELATOR Joseph EiTiil 3unn 'I'DCJ:;;: 9l72.7Ll Is an Offender inc:arcerate6 in the Texas Depart- ment of Crill1inal Justice and is app::arin:J Pro se1 ·who can be located at t;le Connallt Unit in XeneO.t I Texas. Relator has e:;c;,austed his rei-.1edies ana :las NO other adec~uate r::1.12d] at La;.v.
The act sou3'ht is to ~e com,;>ell::d is H1inisterial1 NOT discretionart in nature. TCCP Art. 11.07 Se<::. 3(c) r::(,iuires ResL.:>ondent to in1rnediatelt transmit to the court of Criminal Appeals a copf of th9e Application of Habeas Corpus· the convictin-::; Court has decided that there are UNRESOLVED ISSUES that need to oe Resolved. RESPOi:mEi\IT The ?,espoi1den~: has · ,zai.led in h'i.s capacitJ and t;1e Court nas a ~1inisterial
dutj to file its resj,)onse in the Court of CrLl1inal l-\1)peals in the cri1ainal Proceedin:; and i.:>er:Eonn .all other duties irli,:)OSed :Oj LA:;'J ·rCC? and .is responsible under the :cules of TCCP lL 071 and ;nust ir11mediately transmit to the Court of Criminal A.Jpeals t:1ere findinss of facts and a copy of the ~'Jrit of aaoeas Corpus 11. 07.
VIOLATION OF ARTICLE 11.07 OF THE TE~~S CODE OF CRIMINAL PROCEDURE The Respondent violated Art. 11.07 Sec. 3(c) of the Texas Code of Criminal Procedure by failin; to provide a copy of the Application for ~vrit of habeas Corpus any answer filed and a Certifiied reciting the date upon lvhich that findin~ was made to the Court of Criminal Appeals within the time prescribed by law and \-lithin a reasonable time from the date which the documents were requested to be transmitted. LETTERS To date Relator has recived NO response from the 'Respondent regarding his reyuests for transmittal of a copy of the Application for Writ of Habeas Corpus. (Exhibit the Letters ). It is clear from the letters that Relator has sent to the Court of Harris County Texas and relator has repeatedly put resp0ndent on NOTICE that Relator is seeking the transmittal copy of the Application for Writ of Habeas Corpus along \vith the findings of facts.· Relator has gone well beyond any resuirement or obligations imposed upon him by the Texas Code of Criminal Procedure. In contrast to relators efforts. Respondent has wholly failed to comply with the texas CCP Art. 11.07 Sec. 3 (c) and is acting in bad faith and has also failed to afford relator the professional and Common Courtesy of· any written responses to his correspondance and request that the Rules of TCCP Art. 11.07 be followed. As Art. ll.07 Sec. 3(c) clearly stated that "If the convicting Court decides that there are UNRESOLVED ISSUES that they shall make a finding of: facts and transmit them to the Court of Criminal Appeals. Failure of the Court to act within the time allowed by the TCCP shall constitute that the Court is in Agreement with the Relator that the ~·Jrit of Habeas Corpus is True. And that the respondent has violated the Laws and the Procedures and its ministerial duties and thus ·an in violationof the Texas Laws. PRAYER v'lliEREFORE PREMISES CONSIDER Relator Respectfully r.equests that this Court make the Respondent answer the 11.07 Writ of Habeas Corpus or grant the relator a Default Judgment in relators favor as the relator has Brought this litigation in GOOD FAITH. (EXHIBITS TO THE RELATORS LETTERS AND COURT ORDERS ARE AT'l'ACHED}
RESPECTFULLY SUBMITTED
~A w~ .,,7~7Lf UJO ph Em1l Bunn i~917274 · Connally Unit 899 F.M •. 632 Kenedy, Texas 78119 CAUSE NO 819780~A
EX PARTE: § IN THE 263rd DIS'l'RIC'r Joseph Bunn § COUR'f Of:'' fiARHIS § COUNTY 'l'E:XAS
REQUEST FOR DISPOSI'riON OF 'l'HE 11. 07 WRI'r Or' HABEAS CORPUS
The State of Texas stated in a Motion that there were unresolved issues in the \'lrit of Habeas Corpus that was £)resented to the Court in February of 2015. The District Attorney signed an Motion of March 6, 2015. Stateing that the Court needs to address the Unresolved issues. The Court had made an Order for the designation of the issues on March 10, of 2015. I have had no other communication from the Court on what has been done in my case. It has been over a month in a half and I have c~c,.!.i.ved no answer: to the .U.07 Writ of Habeas Corpus. Accordingly to the Code of Criminal Procedure under Article 11.07 the Court only has so many days to file a response. It has been longer than the allowed time. Please inform me as to what is going on in my case. So that I may if need be file a motion for default judgment.
Dated April 24, 2015 RESPECTFULLY SUBMITTED
Joseph Bunn TDCJ 1917274 Connally Unit 899 F.M. 632 Kenedy, Texas 78li9 . .:: ~ .'. CAUSS NO. 019780-A .•. f' EX PARTE !N TtJE 263rd DISTRICT '' IIJ· THE 263rd D:tSTRlCT \ JOSEPH BUNN COURT OF HAREUS
· SECOND REQOBS·.L' FOR DISPOSITION OF THE 11.07 ~·miT Cl? r!,\aEAS CORP..US
This it> the Second rf:quest. for the Disr;osltion or. ruy W.c.it 9f H~ Cor[?UD from the 263co Distr.ict Court of Hacd.s County, Texas · On ~ebuari of 2015 have: sent offmy AppHcation of 11~0'7 Writ of Hab~as Corpua. Tho D~stciot: I Attornf~J of th(~ 263r
·are unresol v~d isauee>· r;md thctt tfl.;:i' needed to be addressed. This \!aa in Nari::i'i 6, 2015 that thl!! Dist.dct At.torn..:.::t a•;i.coed and Ma1.·ch 10, 2015 that ti1e Di.st.:c.ic:t Cc>urt had ei~cuca. 1·;1e Diatcict Cout't had rnade a De~iguation of tho Issu~s . ,• on iVIclt·ch 10, 2015. And I lH'l.V€ ~m::l NO furth~E:r letters or the fact findings · of my c,sso mail cd to ma ~ On Apdi 24, 2015 I S~nt: My ficst L~tter of ~,..~ue.st for tho the Dis,e.lOsition of fi1f 11.(17 Wcit of aabe~!.l Corc.J;;.:01 B\.tt: h::\ve .still hiwu re,.::eived NO answet· ')'. ·to· nty irlqUi·t~f ~,he CO\..\rt is in Vlolati :.:>n of t;.ll~ T1!Xi:l~ Cod~ ~~f C-' iri1inal Pt·ocedqt"e Under:- Article 11.07 <.'!.fJ \:he Cou~:t. is (Jro.nt only eo many days to fi10 its response and has failed tc..i do so. Onder t.ha Code of Criminal Procedure~ f\r·ticle 11.0'7 'l'he Court has 20 date / If' the Court deci~s that- there are contcuverted, prcviuousl~· U.'lre~olved
facta Yhich ace material t.o tbtl: 1:.~\:i·~lity of t:he i\pplicant' s confinement it SHALL >.weer all Ocder ;-lit.hin 20 dats of tne Expiration of the time all9wod fot: the .State to z.·e;;;ly, d;;:.::.~i';jna.tinSJ the .rr~:3ues of t.h6! fact t.o be 1re.solv~d. 'l'he tim~ l.s well paesed and the Ap_b)licant i.s no!.i .s~ndiny hi~ Second Re-..~u~st \' foe the ~actual Pindin.g.s of. d'ac:t.sl that: an'l unn:solved in hi.s c~se. f.\l1d to ': ' Onca again a~k why thece i;s t'JOT ·been a Findirw of Pacts been doni:; i:o~:· his ' Unreso.lv~;u'J IesiJetJ on his 1.1. 07 vJd t of Hl.beas Co.r:pue • /
! I OA'rE ~Wi 14, 2015
' \ Josat:m Bunn ~DCJ #917274 Connally Unit '?,99 F.M.~ ,6J2. KentlcSt., Tuas -~enedt, texas 7.8119 / : ' \ \ ,p: FILlED Chris Daniel District Clerk
Cause No. 819780-A MA.R O~ZOt 5 nmo: ·· ·t\·. \"' 1 , • tz___ Harris County, Texftn~. \}.,V - EX PARTE § IN THE 263rd WJ6TRICT &OtYJRT epu y.~
§ OF
JOSEPH EMIL BUNN, § HARRIS COUNTY, TEXAS Applicant
MOTION REQUESTING DESIGNATION OF ISSUES
The State of Texas, by and through its Assistant Distri.ct
Attorney for Harris County, requests that this Court, pursuant to TEX.
CODE (RIM. PROC. art.
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..~,
v. CR~:''II~'J.I.\L A?WiEOlE:~~ED ~~ . AUSTJ:;·~ ~zc~WlMCRK\IIIN&t A~k!ALS 253&> DIS'.L'RIC':' COUR'I' of H?-\.;~RIS 20Ut"JTY JUN 1~tO'S :\.;
and would show tnis Cour-t t;1e follm;in:J ~ RELATOR Joseph EiTiil 3unn 'I'DCJ:;;: 9l72.7Ll Is an Offender inc:arcerate6 in the Texas Depart- ment of Crill1inal Justice and is app::arin:J Pro se1 ·who can be located at t;le Connallt Unit in XeneO.t I Texas. Relator has e:;c;,austed his rei-.1edies ana :las NO other adec~uate r::1.12d] at La;.v.
The act sou3'ht is to ~e com,;>ell::d is H1inisterial1 NOT discretionart in nature. TCCP Art. 11.07 Se<::. 3(c) r::(,iuires ResL.:>ondent to in1rnediatelt transmit to the court of Criminal Appeals a copf of th9e Application of Habeas Corpus· the convictin-::; Court has decided that there are UNRESOLVED ISSUES that need to oe Resolved. RESPOi:mEi\IT The ?,espoi1den~: has · ,zai.led in h'i.s capacitJ and t;1e Court nas a ~1inisterial
dutj to file its resj,)onse in the Court of CrLl1inal l-\1)peals in the cri1ainal Proceedin:; and i.:>er:Eonn .all other duties irli,:)OSed :Oj LA:;'J ·rCC? and .is responsible under the :cules of TCCP lL 071 and ;nust ir11mediately transmit to the Court of Criminal A.Jpeals t:1ere findinss of facts and a copy of the ~'Jrit of aaoeas Corpus 11. 07.
VIOLATION OF ARTICLE 11.07 OF THE TE~~S CODE OF CRIMINAL PROCEDURE The Respondent violated Art. 11.07 Sec. 3(c) of the Texas Code of Criminal Procedure by failin; to provide a copy of the Application for ~vrit of habeas Corpus any answer filed and a Certifiied reciting the date upon lvhich that findin~ was made to the Court of Criminal Appeals within the time prescribed by law and \-lithin a reasonable time from the date which the documents were requested to be transmitted. LETTERS To date Relator has recived NO response from the 'Respondent regarding his reyuests for transmittal of a copy of the Application for Writ of Habeas Corpus. (Exhibit the Letters ). It is clear from the letters that Relator has sent to the Court of Harris County Texas and relator has repeatedly put resp0ndent on NOTICE that Relator is seeking the transmittal copy of the Application for Writ of Habeas Corpus along \vith the findings of facts.· Relator has gone well beyond any resuirement or obligations imposed upon him by the Texas Code of Criminal Procedure. In contrast to relators efforts. Respondent has wholly failed to comply with the texas CCP Art. 11.07 Sec. 3 (c) and is acting in bad faith and has also failed to afford relator the professional and Common Courtesy of· any written responses to his correspondance and request that the Rules of TCCP Art. 11.07 be followed. As Art. ll.07 Sec. 3(c) clearly stated that "If the convicting Court decides that there are UNRESOLVED ISSUES that they shall make a finding of: facts and transmit them to the Court of Criminal Appeals. Failure of the Court to act within the time allowed by the TCCP shall constitute that the Court is in Agreement with the Relator that the ~·Jrit of Habeas Corpus is True. And that the respondent has violated the Laws and the Procedures and its ministerial duties and thus ·an in violationof the Texas Laws. PRAYER v'lliEREFORE PREMISES CONSIDER Relator Respectfully r.equests that this Court make the Respondent answer the 11.07 Writ of Habeas Corpus or grant the relator a Default Judgment in relators favor as the relator has Brought this litigation in GOOD FAITH. (EXHIBITS TO THE RELATORS LETTERS AND COURT ORDERS ARE AT'l'ACHED}
RESPECTFULLY SUBMITTED
~A w~ .,,7~7Lf UJO ph Em1l Bunn i~917274 · Connally Unit 899 F.M •. 632 Kenedy, Texas 78119 CAUSE NO 819780~A
EX PARTE: § IN THE 263rd DIS'l'RIC'r Joseph Bunn § COUR'f Of:'' fiARHIS § COUNTY 'l'E:XAS
REQUEST FOR DISPOSI'riON OF 'l'HE 11. 07 WRI'r Or' HABEAS CORPUS
The State of Texas stated in a Motion that there were unresolved issues in the \'lrit of Habeas Corpus that was £)resented to the Court in February of 2015. The District Attorney signed an Motion of March 6, 2015. Stateing that the Court needs to address the Unresolved issues. The Court had made an Order for the designation of the issues on March 10, of 2015. I have had no other communication from the Court on what has been done in my case. It has been over a month in a half and I have c~c,.!.i.ved no answer: to the .U.07 Writ of Habeas Corpus. Accordingly to the Code of Criminal Procedure under Article 11.07 the Court only has so many days to file a response. It has been longer than the allowed time. Please inform me as to what is going on in my case. So that I may if need be file a motion for default judgment.
Dated April 24, 2015 RESPECTFULLY SUBMITTED
Joseph Bunn TDCJ 1917274 Connally Unit 899 F.M. 632 Kenedy, Texas 78li9 . .:: ~ .'. CAUSS NO. 019780-A .•. f' EX PARTE !N TtJE 263rd DISTRICT '' IIJ· THE 263rd D:tSTRlCT \ JOSEPH BUNN COURT OF HAREUS
· SECOND REQOBS·.L' FOR DISPOSITION OF THE 11.07 ~·miT Cl? r!,\aEAS CORP..US
This it> the Second rf:quest. for the Disr;osltion or. ruy W.c.it 9f H~ Cor[?UD from the 263co Distr.ict Court of Hacd.s County, Texas · On ~ebuari of 2015 have: sent offmy AppHcation of 11~0'7 Writ of Hab~as Corpua. Tho D~stciot: I Attornf~J of th(~ 263r
·are unresol v~d isauee>· r;md thctt tfl.;:i' needed to be addressed. This \!aa in Nari::i'i 6, 2015 that thl!! Dist.dct At.torn..:.::t a•;i.coed and Ma1.·ch 10, 2015 that ti1e Di.st.:c.ic:t Cc>urt had ei~cuca. 1·;1e Diatcict Cout't had rnade a De~iguation of tho Issu~s . ,• on iVIclt·ch 10, 2015. And I lH'l.V€ ~m::l NO furth~E:r letters or the fact findings · of my c,sso mail cd to ma ~ On Apdi 24, 2015 I S~nt: My ficst L~tter of ~,..~ue.st for tho the Dis,e.lOsition of fi1f 11.(17 Wcit of aabe~!.l Corc.J;;.:01 B\.tt: h::\ve .still hiwu re,.::eived NO answet· ')'. ·to· nty irlqUi·t~f ~,he CO\..\rt is in Vlolati :.:>n of t;.ll~ T1!Xi:l~ Cod~ ~~f C-' iri1inal Pt·ocedqt"e Under:- Article 11.07 <.'!.fJ \:he Cou~:t. is (Jro.nt only eo many days to fi10 its response and has failed tc..i do so. Onder t.ha Code of Criminal Procedure~ f\r·ticle 11.0'7 'l'he Court has 20 date / If' the Court deci~s that- there are contcuverted, prcviuousl~· U.'lre~olved
facta Yhich ace material t.o tbtl: 1:.~\:i·~lity of t:he i\pplicant' s confinement it SHALL >.weer all Ocder ;-lit.hin 20 dats of tne Expiration of the time all9wod fot: the .State to z.·e;;;ly, d;;:.::.~i';jna.tinSJ the .rr~:3ues of t.h6! fact t.o be 1re.solv~d. 'l'he tim~ l.s well paesed and the Ap_b)licant i.s no!.i .s~ndiny hi~ Second Re-..~u~st \' foe the ~actual Pindin.g.s of. d'ac:t.sl that: an'l unn:solved in hi.s c~se. f.\l1d to ': ' Onca again a~k why thece i;s t'JOT ·been a Findirw of Pacts been doni:; i:o~:· his ' Unreso.lv~;u'J IesiJetJ on his 1.1. 07 vJd t of Hl.beas Co.r:pue • /
! I OA'rE ~Wi 14, 2015
' \ Josat:m Bunn ~DCJ #917274 Connally Unit '?,99 F.M.~ ,6J2. KentlcSt., Tuas -~enedt, texas 7.8119 / : ' \ \ ,p: FILlED Chris Daniel District Clerk
Cause No. 819780-A MA.R O~ZOt 5 nmo: ·· ·t\·. \"' 1 , • tz___ Harris County, Texftn~. \}.,V - EX PARTE § IN THE 263rd WJ6TRICT &OtYJRT epu y.~
§ OF
JOSEPH EMIL BUNN, § HARRIS COUNTY, TEXAS Applicant
MOTION REQUESTING DESIGNATION OF ISSUES
The State of Texas, by and through its Assistant Distri.ct
Attorney for Harris County, requests that this Court, pursuant to TEX.
CODE (RIM. PROC. art. 11.07, §3(d), designate the following issues which
need to be resolved:
1. Whether the applicant was denied effective assistance· of counsel; ! 2. Whether the trial court erred; and
3. Whether the applicant was the victim · of prosecutorial misconduct. Service has been accomplished by mailing a true . and correct
copy of the foregoing instrument to the applicant at the following
address:
Joseph Emil Bunn #917274 - Connally Unit 3-A-6-B 899 FM 632 Kenedy, Texas 78119
SIGNED this 6th day of March, 2015.
ectfully submitted.,
Ev · Flores ssistant District Attorney Harris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657 (office) (713) 755-5809 (fax) Texas Bar I.D. #24059760
/
2 • FILED Chris Daniel District Clerk Cause No. 819780-:A MAR 0 6 Z0f5 EX PARTE § IN THE 263'd D~~~ § OF Doputy
STATE'S PROPOSED ORDER DESIGNATING ISSUES
Having reviewed the applicant's application for writ of habeas
corpus, the Court finds that the following issues need to be
resolved in the instant proceeding:
1. Whether the applicant was denied effective assistance of counsel;
2. Whether the trial court erred; and
3. Whether the applicant was the victim of prosecutorial misconduct.
Therefore, pursuant to Article 11.07, §3(d), this Court will
resolve the above-cited issue and then enter findings of fact.
The Clerk of the Court is ORDERED .&or to transmit at this
time any documents in the above-styled case to the Court of
Criminal Appeals until further order by this Court. By the following signature, the Court adopts State's Proposed Order
Designating Issues in Cause Number 819780-A.
MAR 1 0 2015 SIGNED on the _ _ _ day of --~~~----' 2015.
:I': . • • ,· ~ •I ··'. ... . .... "".
., ·..... ' ~.