Deleon, Felix

• Court: Court of Appeals of Texas
• Decided: May 1, 2015
• Docket: WR-82,435-01
• Status: Published

Opinion

m m$-o\ Fr: Felix Deleon April 27, 2015 T.D.C.J.-ID#017 31553 Gib Lewis Unit 777 FM 3497 Woodville, Texas 75990

To: Susan Hughes, District Clerk Cooke County Courthouse 101 S.Dixon, Room 207 Gainesville, Texas 76240

RE: Filing of Motion for Evidentiary Hearing and Request Bench Warrant for Attendance.

Dear Mrs Hughes,

Enclosed you will find my pro se Motion for Evi

dentiary Hearing and Request Bench Warrant for Attendance. Please

file the above said document with the trial court, the 235th Dis

trict Court•

Please date-stamp this letter and return it to me at the

above provided address.

I also request notification of the Court's ruling on my filed

motion.

Respectfully requested,

Deleon, Pro Se

DPC.EIVED IN „ m 01 2915 Ab®SA«te,Cie* NO. WR-82,435-01

EX PARTE FELIX DELEON, § IN THE DISTRICT COURT Pro Se Applicant § § OF COOKE COUNTS, TEXAS VS § THE STATE OF TEXAS § 235th JUDICIAL DISTRICT

MOTION FOR EVIDENTIARY HEARING AND

BENCH WARRANT FOR ATTENDANCE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW; Felix Deleon , Pro Se Applicant, in the above

numbered writ of habeas corpus, and humbly ask this honorable

Court to construe this pro se document liberally. See Haines v.

Kerner, 404 U.S. 519, 520, 92 S.Ct. 594, 30 L.Ed 652 (1972). (pro

se complaint held to less strigent standards than formal papers

drafted by lawyers) Applicant moves this court to order Appli

cant bench warranted back for attendance of evidentiary hearing.

In support of this Motion Applicant would show the following:

I.

The Applicant in the above numbered writ of habeas corpus is

presently illegally confined in the Texas Department of Criminal

Justice Institutional Division (TDCJ-ID), under a conviction for

voluntary manslaughter. Applicant was sentenced to a term of 20

years imprisonment.

II-

THE COURT OF CRIMINAL APPEALS OF TEXAS issued an ORDER to

this Court as the appropiate forum for findings of fact by any

means set out in TEX. CODE CRIM. PROC. art. 11.07, § 3(d)- This

Court can elect to hold an evidentiary hearing.

END OF PAGE 01 - PAGE 02 TO FOLLOW Applicant request this Court hold an evidentiary hearing, so

that I may give my testimony because not all the evidence will be

found in the trial record. Applicant has established a "colorable-

claim, alleging specif ic facts fwhich , if true, would. entitle...me to

relief. I am requesting the oppurtunity to develop(the facts in

state court. Contorverted "facts" found by the state court while

denying a request for an evidentiary hearing necessarily resulted

from an "unreasonable determinations" of the facts, and hence are

not entitled to any presumption of correctness. "Where a state

court makes evidentiary findings without holding a hearing and

giving the petitioner an oppurtunity to present evidence, such findings clearly result in an 'unreasonable determination' of the facts." Taylor v. Maddox, 366 F.3d 992, 1001 (9th.Cir.2004). Ap plicant urges an evidentiary hearing be conducted and I be afford ed the oppurtunity to attend and present evidence on my behalf, so

that justice may be done and that Applicant be accorded due pro

cess and due course of law as respectively guaranteed by the Fe

deral and Texas Constitutions.

III.

The Warden of the Gib Lewis Unit, TDCJ-ID will release the

Applicant into the custody of the authorities of Cooke County upon issuance of a bench warrant with the agreement and under standing that after the Applicant has been acorded a evidentiary in this writ of habeas corpus, the applicant will be returned by

by the authorities of Cooke County into the custody of TDCJ-ID where applicant now stands duly committed by law. CONCLUSION

END OF PAGE 02 - PAGE 03 TO FOLLOW WHEREFORE , PREMISES CONSIDERED, the applicant urges that

this Court, wherein the above captioned writ of habeas corpus is

pending, issue an order in the nature of holding a evidentiary

hearing and issuing a bench warrant directing the prosecuting

Officials of Cooke County to produce the body of the said Appli-

cantbefore this Court within 20 days from the filing of this

Motion so that a Evidentiary Hearing and Bench Warrant may be

accorded the Applicant in this Writ of Habeas Corpus.

Respectfully submitted

eon, Pro Se

CERTIFICATE OF SERVICE

I hereby certify that on this 27th day of April, 2015, a true

and correct copy of the above and foregoing Motion For Evidentiary Hearing and Request For Bench Warrant was sent by first class mail to the following:

1.) The Court of Criminal Appeals of Texas P.O. Box 12308, Capitol Station Austinn, Texas 78711

2.) Janice Warder, District Attorney Cooke County, Texas

END OF PAGE 03 - PAGE 04 TO FOLLOW NO. WR-82,435-01

EX PARTE FELIX DELEON, § IN THE DISTRICT COURT Pro Se Applicant § OF COOKE COUNTS, TEXAS VS § THE STATE OF:.TEXAS § 235th JUDICIAL DISTRICT

ORDER

It is ORDERED, ADJUDGED AND DECREED THAT Applicant's MOTION

FOR EVIDENTIARY HEARING AND REQUEST BENCH WARRANT FOR ATTENDANCE

is hereby:

GRANTED or DENIED

As FOLLOWS

Signed this The day of ,2015.

HONORABLE JUDGE PRESIDING

END OF PAGE 04- NOTHING TO FOLLOW