Casey, William Sammy Jr.

• Court: Court of Appeals of Texas
• Decided: January 20, 2015
• Docket: WR-82,692-01
• Status: Published

Opinion

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DECEMBER 29™, 2014

WILLIAM S. CASEY JR. TDCJ #1622557 NEALUNLT 9055 SPUR 591 AMARILLO, TEXAS 79107

RE: TRIAL CT. CAUSE NO. 09-06-05444-CR-(l) EX PARTE: WILLIAM S. CASEY JR.

Inthe221s1 Judicial District Court of Montgomery County, Texas

'' Please find enclosed a copy of Findings of Fact and Conclusion of Law signed by Judge LISA MICHALK on'DECEMBER 29™ , 2014 '

Sincerely,

By: ^SJF Deputy

Enc: As stated

cc. File District Attorney

-...'. j.i Clocks M_ > DECl7 20n no.o,o6.os444.cr-(1) jzasmzz EX PARTE § IN THE DISTRICT COURTFOrr~~—DePu,y § WILLIAM SAMMY CASEY § THE 221ST JUDICIAL DISTRICT, § § MONTGOMERY COUNTY, TEXAS

FINDINGS OF FACT •AND'CONeLUSIONS.;OFLAW

Having considered the application for writ of habeas corpus, the State's I

answer, any affidavits and exhibits submitted in connection with this proceeding,

and the contents of the Court's file for the underlying criminal case, the Court

hereby enters the following findings of fact and conclusions of law:

I. Findings of Fact.

1. On November 4, 2009, a jury found the applicant guilty of continuous sexual abuse of a child and three counts of aggravated sexual assault of a child, and the Court assessed his punishment at four concurrent forty-year terms of imprisonment.

2. The judgments were affirmed by the Court of Appeals for the Eighth District of Texas on August 31, 2011, and the applicant's petition for discretionary review was refused on January 25, 2012. See Casey v. State, 349 S.W.3d 825 (Tex. App.-El Paso 2011, pet. ref d).

3. On October 3, 2014, the applicant filed in this Court an instrument captioned "Petition for Junk Science Writ (Pursuant to § 11.073, C.C.P.)," in which he contends that he was convicted in this case "by and through the use ofJUNK SCIENCE," and makes the following specific allegations:

During the course of his trial, the S.A.N.E. NURSE testified falsely concerning photographs that were alleged to depict the victim's genitalia and she also testified that the window of time for conducting a RAPE TEST KIT was approximately 90 hrs. (this window has been debated and disputed .by other medical experts). Additionally, some of the medical equipment used to built the State's case proved to be aging and defective.

4. The application is not on the form prescribed for article 11.07 writ applications by the Court of Criminal. Appeals.

II. Conclusions of Law.

The Court has reached the following legal conclusions with regard to the

claims made by the applicant in this habeas corpus proceeding:

1. The application does not satisfy the requirements of rule 73.1 of the Texas Rules of Appellate Procedure because it is not on the form prescribed for article 11.07 writ applications by the Court of Criminal Appeals.

2. The application does not state a cognizable claim for relief under article 11.073 of the Texas Code of Criminal Procedure.

III. Recommendation and Order.

The Court respectfully recommends to the Texas Court of CHminarAppeals-"

that this application for a writ of habeas corpus be dismissed. The clerk of this

Court is hereby ordered to transmit to the clerk of the Texas Court of Criminal

Appeals copies of the following items: (1) the indictment and the judgment of

conviction entered in the underlying criminal prosecution of the applicant; (2) the current application for habeas corpus relief, including any amended or

supplemental application, along with all exhibits, attachments and supporting

briefs; (3) the State's answer, including any amended or supplemental answer,

along with all exhibits, attachments and supporting briefs, and the State's proposed

findings of fact and conclusions of law; and (4) these findings of fact, conclusions

of law, recommendation and order.

The Clerk, is farther ordered to deliver a copy of these findings of fact,

conclusions of law, recommendation and order to the applicant and to appellate

counsel for the State of Texas.

Signed on this the <£r^ day of P\^ cumber , 2014.

JUDGE PRESIDING 221st District Court Montgomery County, Texas m\ - —> kS-HUftK CftSC^

i' MONTGOMERY COUNTY OFFICE OF

DISTRICT CLERK USarbara Ljtadden ^Afdamich P.O. BOX 2985 - CONROE, TEXAS 77305 (409)539-7855 ejjidtrict intern

DATE: 7TH DAY OF JANUARY, 2 015

Honorable Louise Pearson, Clerk Court of .Criminal Appeals Box 12308 - Capitol Station Austin, Texas 78711

IN RE: CAUSE NO. 09-06-05444-CR(1]

EX PARTE: WILLIAM SAMMY CASEY (POST-CONVICTION WRIT OF HABEAS CORPUS)

Dear Ms. Pearson:

Enclosed please find the Clerk's Record prepared in the above Writ of Habeas Corpus.

Thank you for your attention to this matter.

BARBARA GLADDEN ADAMICK DISTRICT CLERK Deputy

CC: BILL DELMORE. Attorney for State CC: WILLIAM S. CASEY JR. (PRO SE) Attorney for Petitioner (Enclosure)

V..T. INDEX

CLERK'S RECORD

VOLUME I OF I

NAME OF INSTRUMENTS ' PAGE NOS.

•1. SUMMARY SHEET 1

2. DOCKET SHEET 2

3. PETITION FOR JUNK SCIENCE WRIT (PURSUANT TO 11.073 C.C.P.... 3-4

4. WAIVER OF SERVICE 5

5. STATE'S ANSWER TO APPLICATION FOR POSTCONVICTION WRIT OF HABEAS CORPUS 6-13

6. FINDINGS OF FACT AND CONCLUSIONS OF LAW..... 14-16

7. INDICTMENT 17-20

8. JUDGMENT OF CONVICTION BY JURY CTI ....(CHALLENGED CONVICTION) 21-23

9. JUDGMENT OF CONVICTION BY JURY CTII ....(CHALLENGED CONVICTION 24-26

10. ORDER OF DISMISS FOR CTIII & CTIV 27

11. JUDGMENT OF CONVICTION BY JURY CTV ....(CHALLENGED CONVICTION 28-30

12. JUDGMENT OF CONVICTION BY JURY CTVI ....(CHALLENGED CONVICTION) 31-33

13. MEMORANDUM OPINION 34-51

14. MANDATE 52

15. CLERK'S CERTIFICATION OF THE RECORD 53