Mr. Terrance Derral Cavitt December 14, 2015 TDCJ #1126457
Darrington Unit
59 Darrington Rd.
Rosharon, Tx, 77583
TEXAS COURT OF CRIMINAL APPEALS Attn: Court Clerk
P.O. BoX 12308, Capitol Station Austin, Tx. 78711
Re: Writ No. ; Ex Parte CAVITT; Enclosed "TRAVERSE" to Trial Court's Recommendation.
Dear Court Clerk:
Enclosed, please find a copy of Applicant's TRAVERSE to the Trial Court's "RECOMMENDATION". _ The Writ Number pertaining to the case is` unknown. Please file said 'TRAVERSE' before the Court, having the appropriate Jurisdiction over the same, at the Court's earliest convenience.
Sincerely,
Terrance Derral Cavitt Applicant Pro Se
RECE!VED lN COURT OF CR|M|NAL APPEALS
-~ 052182015
Abel Acosta, C|erk
LO;&)¢IS;gz/zjfz
Mr. Terranca Decral Cavitt December 14, 2015 TDCJ #1123457
Rosharon,.?x. 77583
HARRIS COUNTY COURTHGUSE Attn: Court Clerk ~
Hon. Maria T. Jackson¢ Judge 1201 Franklin~St@, 14th Fl., Houston, Tx. 77002
Re: cause No. 90265§:§; writ Nu. ; ENcLossn vTRAvERsE" To RESPONDEN¢'$ oRIGzNAL ANswER AND Aboprrom BY mae coURT
Dear Court Clerkz
Enclosed, please find.a. °Traverse' to the Respondent*s Original Answer, filed pursuant to the above styled and referenced cause number. Please file said 'Traverse’ before the Court, Ho.. Maria T. Jackson, Judge, having the appropriate Jurisdiction, over .the same, at the` Court's earliest convenience. By copy of this letter and the enclosed ‘TRAVERSE', 1 am forwarding the same to the Texas Court of Criminal 'Appeals, Attn: Hon. Abel Aoosta¢ Clerk, P.O.‘Box 12308, Capitol Station, Austin, Tx. 78711. Your help in filing said FTravsrsa° before the Court, having the appropriate Jurisdiction over the same, at the Court*s earliest convenience, would be greatly appreciated.
Tetranoe Derral Cavitt Applicant Pro Sa
Cause No. ggg§§§;g
Ex Parte z § In The 339th Judicial § District Court of
TERRANCE DERRAL CAVITT, - '- .. (Applicant) ' § Harris County, Texas
APPLIcAm"s ¢mvtnsn- ‘ro sTATE's oRIGInAL mem '
TO THE HONORABLE JUDGES OF SAID 'COURT:
PLEASE» TAKE NOTICE, that COMES NOW, TERRANCE bERRAL CAVITT, Applicant, Pro Se/ in the above styled and numbered cause, files this his "TRAVERSE" to the State's Original Answer/ filed Novemner 19, 2015, and adopted by the Trial Court on November_gZO, 2015. Applicant contends the State
ignored and displayed flagrant disregard to critical points
,advanced in his Writ, and that the provisions of Article l1.07'd
Sec. 4 is inapplicable to the instant proceedings. In support'
thereof, your Applicant Would present the following:
I.
JUNK SCIENCE WRIT
That your Petitioner challenged the Constitutionality of his confinement under the [Newly Enacted Laws] of Junk Science
permitted by the 'New Provision' of Article 11.073,'et.a1.,
2. V.A.C.C.P. Said \New hews°'permitting aa challenge in dunn Scienoe use not implemented, (9/1/14§. until after the filing o£ his lest advanced Writ. Cense No. 992655-3¢ whicb‘ see Dismiseed without written order on Marr:n 21, 2007. Moreover, your Petitioner presented a challenge cna the Constitutioneiity oi’ his confinement on the [Nenly Enn¢:ted Caee Law] that makes permissible a challenge on the davenile Prooeeding in the transference and Jnrisdiotional aspect of a Jnvenile°s case leaving the original jurisdiction 05 Juvenile Court to the advancement to Adult Court. See tyson g.,£~;tgte, 451 S.,€€. 3d
28; (Tex. Cr. App, 2914), and its progeny.
11.' Artgolg ;1.01 S§g. egl} Thnt .it nos been long recognized the provisions or Article 11.97 Sec. é(a)(l), permits the filing or o subsequent Aoplioation for Writ of Hobeas Corpus when, tthe current
claims and issues £have not been and tools not have been}
presently previonely in an original application ...`_be‘c:ause,_ .
the £Factusl or legal §esis for the claim was _UNA‘JAILABL§ on n the date the A,§splioa.nt filed the previous npplic:ation...“ 'Your Appli.eant asserts neither the ['Legal] taeis for n 'Jun$c Science' challenge,' and tne provisions of §§gg“;g&_$t te, supra, permitting a challenge on the 'transfersnce' of Juvenile Court Jurisdiction to Adult Court durisdi€:tion were all unavailable at the time he £lled his lest Nrit, denied by
' the nonornble Court of Criminal Appeale on-March 21, EGD?.
III°
The State, and Trial Court, ignored the provisions of Article ;1.07 Ssc. 4(3)(1) that [Permits] hhs filing of a Subssquent Writ under the above circumstancss. Your Applicant asserts ins specifically and pointsdly pressnbsd a challenge to his cohfinemsnt, using the provisions of the newly enacted 'Juns Scisnce Law', passed by Ssnste Bill §§~, and enacted by Lsgislation ila Art. §i.O?$,» V;A;C.C.P. Applicanb asserts this Honorabis Court should give consideration ix> his srgumsnt of ssn-development of crucial ssgions sf a ‘Tesn»Ags ‘Brain, that misigstss against criminal cnlpability. (Sse writ ~ §Hsmorandsm of st ~ annexed to the forms). Bscause the Stahe, snd Trial Court, displayed flagrant disregard to the provisions ` of Article `11.07_ Ssc. 4(3)(1), and the Nswly Enactsd Law that provides a 'Junk Sciencs' Writ, shallsnging the uss of 'Junk Scisnc:e° application to ksy aspects of _his cass, along with the Nsw Cass Law of goes v. Stass, supra, this Court ,should reject the Rsspondsnt's rscsmmendstion o§ diswisssl under hhs provisions of Articls 11.07 Ssc; 4,.suprs, as the same specifically and psintsdly 'Fsrmits' the challenge agd the subssqusnt filing of the Writ, advanced hstsin. 'Dus Procsss and the intsxsst of justice would be best served by
this Cosrt pexmitting an 'Evidsntiary Hsaring' on the Msrits.
WHEREFORE, PREMISES@ ARGUMENT and AUTHGRITIES CONSIDERED, your Apphicant prays this Court would deny the Rsspondent's
recommendation for denial of the Writ, bassd on the provisions
4 of Article_ 11.07 Sac. 4, as axgued, aupra. Applicant additionally prays this Court would look into the Merits of his claim,~ as his Case p;esents 2a nbvel argument utilizing Newly Enacted Law to the facté of bia casa. Alternatively, Appiicant prays or §hatever othez, further or differedt rexie£ this.Court daam is just and proper, in the inte:est of
justice. It is So prayed for.
Respectfully eubmit£ed,
TDCJ #112645 Darrington Unit
59 Darrington Rd. Rosharén, Tx. 77583
FP DAVIT
PUESUANT.TO TITLB 61 CHAPTER 132¢ VERNON T£XAS CCDE BNNOTATED» CIVIL PR§UTI¢E AND REMEDIES CODE, AHD 28 U.S.C. S@C. 1745:
I, TRRRANCE DERRAL CAVITT, Petitioner, Pro S@, being ounranmy canfinad in the Te:za@ Departmemt- of Criminal Jus€:.we ~ lnstieubi@nal Diviaion, at th@.Darrington Unit, Locatad hare in Brazoria County, Texas, have reda the foxé§oing "TRAVERSE“ TO THB RESP@NBENT'S ANSWER, S@eking redresa from the Court's improper fact finding while challenging his Ccnstitutionally infirm@d conviction on "NEW HMRGTHD LAW“, heraby DEPOSE ANS DECLARE under the pain ana penalties of PER§UR¥ the foregoing "THAVHRSH" is arms ama curfew to mm vest of App:.icam;'@
belief and knowle@g@:
Execute& on this the say of ‘_, 2015.
TBRRANCE DERRAL CAVITT Ap§licant Pro 39 ,TDCJ §1126457 warrington Unit ».Ro@haron, Tx. 7?583
CERTIFICAT§ OF SERVICE
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Mr. Terrance Derral Cavitt December 14, 2015 TDCJ #1126457
Darrington Unit
59 Darrington Rd.
Rosharon, Tx, 77583
TEXAS COURT OF CRIMINAL APPEALS Attn: Court Clerk
P.O. BoX 12308, Capitol Station Austin, Tx. 78711
Re: Writ No. ; Ex Parte CAVITT; Enclosed "TRAVERSE" to Trial Court's Recommendation.
Dear Court Clerk:
Enclosed, please find a copy of Applicant's TRAVERSE to the Trial Court's "RECOMMENDATION". _ The Writ Number pertaining to the case is` unknown. Please file said 'TRAVERSE' before the Court, having the appropriate Jurisdiction over the same, at the Court's earliest convenience.
Sincerely,
Terrance Derral Cavitt Applicant Pro Se
RECE!VED lN COURT OF CR|M|NAL APPEALS
-~ 052182015
Abel Acosta, C|erk
LO;&)¢IS;gz/zjfz
Mr. Terranca Decral Cavitt December 14, 2015 TDCJ #1123457
Rosharon,.?x. 77583
HARRIS COUNTY COURTHGUSE Attn: Court Clerk ~
Hon. Maria T. Jackson¢ Judge 1201 Franklin~St@, 14th Fl., Houston, Tx. 77002
Re: cause No. 90265§:§; writ Nu. ; ENcLossn vTRAvERsE" To RESPONDEN¢'$ oRIGzNAL ANswER AND Aboprrom BY mae coURT
Dear Court Clerkz
Enclosed, please find.a. °Traverse' to the Respondent*s Original Answer, filed pursuant to the above styled and referenced cause number. Please file said 'Traverse’ before the Court, Ho.. Maria T. Jackson, Judge, having the appropriate Jurisdiction, over .the same, at the` Court's earliest convenience. By copy of this letter and the enclosed ‘TRAVERSE', 1 am forwarding the same to the Texas Court of Criminal 'Appeals, Attn: Hon. Abel Aoosta¢ Clerk, P.O.‘Box 12308, Capitol Station, Austin, Tx. 78711. Your help in filing said FTravsrsa° before the Court, having the appropriate Jurisdiction over the same, at the Court*s earliest convenience, would be greatly appreciated.
Tetranoe Derral Cavitt Applicant Pro Sa
Cause No. ggg§§§;g
Ex Parte z § In The 339th Judicial § District Court of
TERRANCE DERRAL CAVITT, - '- .. (Applicant) ' § Harris County, Texas
APPLIcAm"s ¢mvtnsn- ‘ro sTATE's oRIGInAL mem '
TO THE HONORABLE JUDGES OF SAID 'COURT:
PLEASE» TAKE NOTICE, that COMES NOW, TERRANCE bERRAL CAVITT, Applicant, Pro Se/ in the above styled and numbered cause, files this his "TRAVERSE" to the State's Original Answer/ filed Novemner 19, 2015, and adopted by the Trial Court on November_gZO, 2015. Applicant contends the State
ignored and displayed flagrant disregard to critical points
,advanced in his Writ, and that the provisions of Article l1.07'd
Sec. 4 is inapplicable to the instant proceedings. In support'
thereof, your Applicant Would present the following:
I.
JUNK SCIENCE WRIT
That your Petitioner challenged the Constitutionality of his confinement under the [Newly Enacted Laws] of Junk Science
permitted by the 'New Provision' of Article 11.073,'et.a1.,
2. V.A.C.C.P. Said \New hews°'permitting aa challenge in dunn Scienoe use not implemented, (9/1/14§. until after the filing o£ his lest advanced Writ. Cense No. 992655-3¢ whicb‘ see Dismiseed without written order on Marr:n 21, 2007. Moreover, your Petitioner presented a challenge cna the Constitutioneiity oi’ his confinement on the [Nenly Enn¢:ted Caee Law] that makes permissible a challenge on the davenile Prooeeding in the transference and Jnrisdiotional aspect of a Jnvenile°s case leaving the original jurisdiction 05 Juvenile Court to the advancement to Adult Court. See tyson g.,£~;tgte, 451 S.,€€. 3d
28; (Tex. Cr. App, 2914), and its progeny.
11.' Artgolg ;1.01 S§g. egl} Thnt .it nos been long recognized the provisions or Article 11.97 Sec. é(a)(l), permits the filing or o subsequent Aoplioation for Writ of Hobeas Corpus when, tthe current
claims and issues £have not been and tools not have been}
presently previonely in an original application ...`_be‘c:ause,_ .
the £Factusl or legal §esis for the claim was _UNA‘JAILABL§ on n the date the A,§splioa.nt filed the previous npplic:ation...“ 'Your Appli.eant asserts neither the ['Legal] taeis for n 'Jun$c Science' challenge,' and tne provisions of §§gg“;g&_$t te, supra, permitting a challenge on the 'transfersnce' of Juvenile Court Jurisdiction to Adult Court durisdi€:tion were all unavailable at the time he £lled his lest Nrit, denied by
' the nonornble Court of Criminal Appeale on-March 21, EGD?.
III°
The State, and Trial Court, ignored the provisions of Article ;1.07 Ssc. 4(3)(1) that [Permits] hhs filing of a Subssquent Writ under the above circumstancss. Your Applicant asserts ins specifically and pointsdly pressnbsd a challenge to his cohfinemsnt, using the provisions of the newly enacted 'Juns Scisnce Law', passed by Ssnste Bill §§~, and enacted by Lsgislation ila Art. §i.O?$,» V;A;C.C.P. Applicanb asserts this Honorabis Court should give consideration ix> his srgumsnt of ssn-development of crucial ssgions sf a ‘Tesn»Ags ‘Brain, that misigstss against criminal cnlpability. (Sse writ ~ §Hsmorandsm of st ~ annexed to the forms). Bscause the Stahe, snd Trial Court, displayed flagrant disregard to the provisions ` of Article `11.07_ Ssc. 4(3)(1), and the Nswly Enactsd Law that provides a 'Junk Sciencs' Writ, shallsnging the uss of 'Junk Scisnc:e° application to ksy aspects of _his cass, along with the Nsw Cass Law of goes v. Stass, supra, this Court ,should reject the Rsspondsnt's rscsmmendstion o§ diswisssl under hhs provisions of Articls 11.07 Ssc; 4,.suprs, as the same specifically and psintsdly 'Fsrmits' the challenge agd the subssqusnt filing of the Writ, advanced hstsin. 'Dus Procsss and the intsxsst of justice would be best served by
this Cosrt pexmitting an 'Evidsntiary Hsaring' on the Msrits.
WHEREFORE, PREMISES@ ARGUMENT and AUTHGRITIES CONSIDERED, your Apphicant prays this Court would deny the Rsspondent's
recommendation for denial of the Writ, bassd on the provisions
4 of Article_ 11.07 Sac. 4, as axgued, aupra. Applicant additionally prays this Court would look into the Merits of his claim,~ as his Case p;esents 2a nbvel argument utilizing Newly Enacted Law to the facté of bia casa. Alternatively, Appiicant prays or §hatever othez, further or differedt rexie£ this.Court daam is just and proper, in the inte:est of
justice. It is So prayed for.
Respectfully eubmit£ed,
TDCJ #112645 Darrington Unit
59 Darrington Rd. Rosharén, Tx. 77583
FP DAVIT
PUESUANT.TO TITLB 61 CHAPTER 132¢ VERNON T£XAS CCDE BNNOTATED» CIVIL PR§UTI¢E AND REMEDIES CODE, AHD 28 U.S.C. S@C. 1745:
I, TRRRANCE DERRAL CAVITT, Petitioner, Pro S@, being ounranmy canfinad in the Te:za@ Departmemt- of Criminal Jus€:.we ~ lnstieubi@nal Diviaion, at th@.Darrington Unit, Locatad hare in Brazoria County, Texas, have reda the foxé§oing "TRAVERSE“ TO THB RESP@NBENT'S ANSWER, S@eking redresa from the Court's improper fact finding while challenging his Ccnstitutionally infirm@d conviction on "NEW HMRGTHD LAW“, heraby DEPOSE ANS DECLARE under the pain ana penalties of PER§UR¥ the foregoing "THAVHRSH" is arms ama curfew to mm vest of App:.icam;'@
belief and knowle@g@:
Execute& on this the say of ‘_, 2015.
TBRRANCE DERRAL CAVITT Ap§licant Pro 39 ,TDCJ §1126457 warrington Unit ».Ro@haron, Tx. 7?583
CERTIFICAT§ OF SERVICE
I, TERRANCE DERRAL CAVITT» Petitioner, Fro Se, files this his `“"I'RAWISRSEv To Ter s'rwr:'s RESPQNSE", in good faith and in the interest of justice, seeking redress again@t a Constitutionally infirmed conviction, hereby CERTIFY that a true and correcé legible copy of the foregoing-"TRAVERSE" was §orward@d _and served on the below named and listed parties by placing the~aame ida the United States Mail, in a wza§per, with
day of
\ pra~paid postag§§a££ixed thereto, on this the
mp
1. TEXAS COURT OF CRIMINAL APPEALS Attn: Court Clerk P G. Box 12308, Capitol Station Austin, Tx. 78?11
2. HARRIS COUNTY COURTHCUSE 339th Judicial District Court Abvn: Court Clerk 1201 Franklin, St., léth Fl., Houston, Tx. 77002
TERRANCE DERRAL CAVITT Patitioner Pro Se
TDCJ #1125457 Daxrington Unit Rosharon, Tx. 77583