Hogan, Darrell Wayne

Opinion

6L(1~Y-P-o1

Tammy Brauner 100 East Main Street District Clerk Suite 304 Washington County Brenham, Texas 77833-3753 (979) 277-6200

November 25,2015 RECEIVED lN

COURT OF CRIMINAL APPEt'\l Court of Criminal Appeals Capitol Station DEC 0 3 2015 P.O. Box 12308 Austin, Texas 78711 Abel Acosta, Clefk

In Re: Cause No. 11,220 THE STATE OF TEXAS VS. DARRELL WAYNE HOGAN, Criminal Court of Appeals No. WR-56,734-04

To Whom it May Concern: The "Order on Application for a Writ of Mandamus Cause No. 11,220 In the 21st District Court from Washington County" was filed with my office today November 25, 2015. Our records do not show that an "Application for Writ of Habeas Corpus" was filed by Mr. Hogan. There are two documents in his file that were filed this year, 2015. The first document was filed September 28,2015, titled "Motion: For Forensic DNA Testing Pursuant To Texas Code of Criminal Procedure Art.64.01 (A) (1) and right to Appointed Counsel Pursuant to Criminal Code ofProcedure Article 64.01 and the seconddocument was filed November 17, 2015, titled "State's Reply to Motion for Forensic DNA Testing Pursuant to 64.01 Texas Code of Criminal Procedure". Please see copies attached. This is the only documentation filed in his case since December 07, 2010. My office makes every effort to make sure files are handled promptly and correctly so I am not sure what would or could have happened to Mr. Hogan's application for writ of habeas corpus. Please let me know ifthere is anythingelse I need to do to assist in this matter. Sincerely, c{}~~ Tammy Brauner, District Clerk Washington Comity, Texas

Septembe~d~ 2015

PRO SE APPLICANT: DARRELL:''~. HOGAN #1014834

INRE:CRIMINAL CAUSE No 11220 Polunsky Unit

in the 21st Judicial District 3872 FM 350 SOUTH

Court for Washington County Texas Livingston Texas 77351

MOTION:FOR FORENSIC DNA MAILING ADDRESS

CLERK TAMMY BRAUNER 100 E.Main St Rm 304 Brenham Texas 77836

Clerk of court please find enclosed the following legal document to be filed on the courts docket for the 21st Judicial District Court of Washington County Texas c·

as follows;

motion for forensic dna Testing Pursuant to TEXAS CODE OF CRIMINAL PROCEDURE ART 64.01 (A) (1) and Right to Appointed Counsel Pursuant to Criminal Code of Procedure ARTICLE ¢$.)! (a) (C)

Please file this on the courts Docket in the above cause and provide me with a Clerk Post mark return receipt of its filing date.Thank you for your professional assistance in this matter.

Sincerely DARRELL W. HOGAN

FILED 4 TJI:0Qo'~ {)~~ SEP 28 2015 TAMMY BRAUNER

~

1

•

21st JUDICIAL DISTRICT COURT

WASHINGTON COUNTY TEXAS

PRO SE APPLICANT: § CAUSE No 11,220 DARRELL W.HOGAN vs THE STATE OF TEXAS § RESPONDENT

§

MOTION:FOR FORENSIC DNA TESTING PURSUANT TO TEXAS CODE OF CRIMINAL PROCEDURE ART.64.01 (A) (1) and right to Appointed Counsel Pursuant to CRIMINAL CODE OF PROCEDURE ARTICLE 64.01 (a) (C)

TO THE HONORABLE JUDGE OF SAID COURT: Comes now Darrell W.Hogan the pro se applicant in the above cause and would present the following:

I.

PROCEDURAL HISTORY

The pro se applicant darrell W.Hogan named in the above cause number was convicted for the Offense of Unlawfully Carrying a Firearm while on a License Premise and by Involuntary Plea and Ineffective Assistance of Trial counsel di~ receive a

J

10 Year Prison term after 10 Year probation term was revoked.

II.

The pro se applicant Darrell W.Hogan was arrested along with Reggie watson under charge of Attempted Murder,while detained Detective Ken Hughes COERCED the Applicant Darrell W.Hogan to (A) Sign signature to an incriminating STATEMENT that Detective Ken Hughes himself had wrote which alleged that applicant Darrell W.Hogan possessed a 38 CALIBER PISTOL IN HIS WAIST BAND AND PROVIDED REGGIE WATSON WITH THIS EXACT FIREARM ON THE DATE •

OF APRIL 19,1992,This firearm was alleged to have been used by Reggie watson in criminal offense of Aggravated assault with a deadly weapon.Point One;COERCION:Detective Ken hughes coerced the applicant Darrell wayne Hogan that if he did not sign the incriminating statement which Detective Ken Hughes wrote that he Darrell W.Hogan would be prosecuted at the age of 17 years old for Attempted Murder and the same would apply if the applicant die not make an INVOLUNTARY PLEA.

III.

POINT TWO:DETECTIVE KEN HUGHES WAS LATER DISCOVERED FOR HIS CRIMINAL MISCHIEF ACTS BY THE STATE OF TEXAS,where while acting under color code of Law Detective Ken hughes was terminated as Public servant Detective for stealing/Theft of Money property.

IV.

ACTUAL INNOCENCE:The applicant Darrell W.Hogan is actual innocent and would not have entered any Involuntary Plea if was not for Detective Ken Hughes Coercion;Trial Counsels Ineffective Assistance in failure to subpeona Reggie watson for testimony of the material facts related to this cause number 11,220 and for the applicants legal incompetence,and lack of english literacy skill in grammer which impeded his ability to know at the time what Detective Ken hughes had wrote on the incriminating STATEMENT AND THAT HE THE APPLICANT DARRELL W.Hogan had a due process right that protected him from involuntary Plea by coercion.

v.

EXCULPATORY MATERIAL

REGGIE WATSON HAS COME FORTH and under Oath and affirmation has provided a SWORN AFFIDAVIT which materialy attest to the facts that he never obtained a FIREARM 38 Caliber Pistol from the applicant darrell W.Hogan on April 19 1992 while at PETE'S PLACE LOCATED ON COUNTY RD ~~ WASHINGTON COUNTY TEXAs 1 ·

Lsee Reggie watson attached sworn affidavit NOTARIZED ::~;:?~!2~·)~:::· september 2015 A.D.

. -2-

VI.

Inlight of Detective Ken Hughes criminal act of coercing the applicant to involuntary sign a Statement that he had wrote himsel~with false information,and where the Public Record provide other criminal Acts of theft committed by Detective Ken Hughes,the Court has held under Giglio V United SATTES 405 u.s. 150 151-52 that no false statement may be used to convict a person and that the UNITED STATES 14TH CONSTITUTIONAL AMENDMENT FORBID UNLAWFUL CONVICTION OF ACTUAL INNOCENT PERSON.

VII.

LEGAL AUTHORITIES

Pursuant to CRIMINAL CODE OF PROCEDURE ARTICLE 64.02 Notice to the €!TATE; (a) ON RECEIPT OF THE MOTION,the Convicting court shall; (!)Provide the attorney representing the state to take one of the following actions in response to the motion not LATER than the 60 TH DAY AFTER the date the motion is served on the attorney representing the state; (A) DELIVER the evidence to the court,along with a description of the condition of the evidence or; (B) EXPLAIN in writing to the court why the state cannot deliver the evidence to the court;

VIII.

PRODUCTION DNA FORENSIC REQUESTED Pursuant to TEXAS CODE OF CRIMINAL PROCEDURE ARTCILE 64.01 (a) I (1) The applicant Darrell. W.Hogan request that The state produce the 38 CALIBER PISTOL named in cause number 1~220.further produce (2) All fingerprints,blood samples hair follicle that makes a MACTH TO THE APPLICANTS DARREL W.HO~~N PHYSICAL DNA ON THE WEAPON NAMED 38 CALIBER ~~ISTOL FIREARM.

IX.

REQUESTED RELIEF

Wherefore the applicant ~arrell W.Hogan prays this court grant relief of withdrawing involuntary plea entered in this cause; appointing COURT APPOINTED COUNSEL REPRESENTATION FOR APPLICANT pursuant to C.C.P ARTICLE 64.01 (2) (C) EXECUTED ON THIS TH~DAY OFS~ku:_2015 S/ ~i~

UNSWORN DECLARATION

CIVIL PRACTICE AND REMEDIES CODE SECTION 132.000-132.003

I DARRELL W.HOGAN #1014834 Whom is the pro se applicant and whom is Bee~TEB at the POLONSKY UNIT at 3872 FM 350 SOUTH LIVINGSTON TEXA~ 77351 do swear under the penalty of perjury that the following .and foregoing legal document to-wit Motion FOR FORENSIC DNA TESTING AND ITS ATTACHMENT OF DECLARANT AND AFFIDAVIT ARE TRUE AND CORRECT. EXECUTED IN THE SAME ON THIS THE~DAY OF:Se~2015.

S/ tktU~

PRO SE APPLICAN

DARRELL W.HOGAN #1014834 POLONSKY UNIT 3872 FM 350 SOUTH LIVINGSTON TEXAS 77351 MAILING ADDRESS

I

-4-

/

;'

IN THE JUDICIAL DISTRICT 21st DISTRICT WASHINGTON COUNTY TEXAS

DECLARANT/AFFIANT: CAUSE No 11220 DARRELL W.HOGAN ··- ., ·~

UNSWORN DECLARANT/AFFIANT PURSUANT TO CIVIL PRACTICES AND REMEDIES CODE §132.000-132.003

I Darrell W.Hogan am of sound mind,sane over the age (18) EIGHTTEEN AND CAPABLE OF MAKING OUT THIS DECLARATION AS AFFIANT UPON MY OWN FREE WILL AND NO ATTEST TO THE FOLLOWING:

I DARRELL W.HOGAN AM ACTUAL INNOCENT OF THE OFFENSE OF POSSESSION OF FIREARM ON A LICENSE PREMISES IN CAUSE NUMBER 11220 FOR WHICH I WAS CONVICTED BY AN INVOLUNTARY PLEA GIVEN UNDER COERCION OF DETECTIVE KEN HUGHES who threatened that if I did not enter a PLEA AND SIGN A INCRIMINATING STATEMENT THAT HE DETECTIVE KEN HUGHES HAD WROTE HIMSELF THAT I WOULD BE RETALIATED ON BY FACING CRIMINAL PROSECUTION FOR ATTEMPTED MURDER CHARGE WHICH I AND REGGIE WATSON WAS ARRESTED AND INITIALLY DETAINED FOR.! DARRELL W.HOGAN DO FURTHER ATTEST THAT ON APRIL 19 1992 WHILE ON PREMISES OF PETE'S PLACE COUNTY Rd 96 IN WASHINGTON COUNTY TEXAS that I NEVER POSSESSED ANY FIREARM ,38 CALIBER PITSOL and NEVER PROVIDED REGGIE WATSON WITH ANY FIREARM,THIS WAS AN INCRIMINATING STATEMENT MADE BY DETECTIVE KEN HUGHES,Who was later discovered inFURTHER CRIMINAL ACTS OF THEFT AS A PUBLIC SERVANT DETECTIVE AND TERMINATED FOR THE SAME BY THE STATE OF TEXAS.My involuntary plea under coercion was at a tiwe when !was not literate nor legally competent to understand WHAT DETECTIVE KEN HUGHES HAD WRITTEN IN THAT STATEMENT and that-I as a 17 year old had a due process right that protected me against involuntary plea by DETECTIVE KEN HUGHES COERCION.REGGIE WATSON HAS NOW COME FORTH BY OATH AND AFFIRMATION OF SWORN AFFIDAVIT TO ATTEST TO FACTUAL EVENTS OF APRIL 19 1992 EVENTS WHILE ON PREMISES OF PETES PLACE

2

)

LOCATED AT COUNTY ROAD 96 WASHINGTON COUNTY TEXAS,HIS SWORN AFFIDAVIT IS MATERIAL EXCULPATORY AND HAS BEEN HIGHLIGHTED AND ATTACHED WITH THE ENCLOSED MOTION FOR FORENSIC DNA.! BELIEVE THAT IF MY TRIAL COURT ATTORNEY WOULD HAVE BEEN EFFECTIVE ASSISTANCE IN SUBPEONA FOR REGGIE WATSON AND OBJECTING TO MY INVOLUNTARY PLEA UNDER COERCION THAT THE OUTCOME OF THIS COURT PROCEEDING IN CAUSE NUMBER 11220 would have been different.

AS an Actual innocent person unlawfully convicted under coercion involuntary plea,! hold no bitterness against the state,~!. seek no Civil action as result either,! only seek that The 21 JUDICIAL COURT OF WASHINGTON COUNTY TEXAS upon its integrity VACATE MY JUDGEMENT AND EXPUNGE THIS CONVICTION UNDER CHAPTER 55 EXPUNGEMENT.

I DECLARE UN6ER PENALTY OF PERJURY THAT ALL THE FACTS CONTAINED HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.

FURTHER DECLARANT/AFFIANT SAYETH NOT.

SIGNED ON· THrso?3 DAY OF S~eL 2015 ANNO DOMINI!.

S/ ~f!:t:;l

DECLARANT/AFFI T

j

UNDER CIVIL PRACTICE AND REMEDIES CODE §132.000- §132.003.

.. - ·l . "

\.,

.••.

SWORN AF~IDAVIT OF REGGIE WATSON

.STATE, OF TEXAS COUNTY ----~--------~-

7"-2"-E.~o: ;,-1!~i -I. ~o:~E,_W__._.s_o_N_R_E_S .... . ID_E_A_T_: ~~e 4lttCC:~arr4~~~ .....

related to JtdCJ•ictment and· Conviction Cause number 11,220 which had charged"and Convicted Darrell wayne Hogan with· possession of 38 Caliber Pi~~ol on pr~mises Licensed ana issued a permit by the State ofTexas for Sale and~ Service of Alcoholic Beverages ·.to-wit PETE iS PLACE Locat~.d on County:;· Road 96 ·in Washington county T~xas,I her~b~ declar~ that iam over the age 6f .18 years,of sound mine ,aware of the- penal ties for perjury and know:);edgeable about _9 the events at iss~e and I detlare,That. l was the only person in control and possession of the 38 Caliber Pistol at Petes Place on the Cla.te of April 19th. V19~ ·.. · year·A.D. ,the 38 Caliber pistol which Darr;ell Wayne Hogan was charged ,.with being in · posse~sion of wa~ never in his possession~that weapon was in mypossessioh at· all times on April 19 ·.l:fjo2 year while at PETES PLACE LOCATED ON COUNTY RCA~ 96 WASHINGTON COUNTY TEX~S,IN fact I was arrested with this 38 Caliber Pistol ~nd charged ana convicted with the crinlirial offen.se of Aggravated .assault for its deadly weapon use of it.Although Darrell Hog·an wa.>!. located at P~TES PLACE on the exact same day as April 19 t19c:J. Year that I was arrested for Aggravated Assault

Darrel Wayne Hogan never had possession of the 38 caliber Pistol •

~rid was not a participant in the Aggravated Assault crime that · I was convicted for and sentenced.Iam aware that Darrell Wayne Hogan was falsely acctised of being in po~session of the very same weapon 38 caliber Pistol that t was charged with and convicted of for using in Aggravated Assault.Because of my Rmployment and other e~ternal matters i was not available t6 provide Dar~ell ~ayne Hogan with this sworn Affidavit at An earlier time of its reque-st. I Make this Affidavit freely·· on my own recognizance without any coaching or promises of gain~r:::rm. FU~THER AFFIANT SAYET~ NAUGHT. -~~-~~ ~ (j E ATSON

DAY oF Y~--}!)c· 2o1s. A.o:

I

. ..

CAUSE NO. 11,220

STATE OF TEXAS )( IN THE 21ST DISTRICT COURT

)( OF

DARRELL WAYNE HOGAN )( WASHINGTONCOUNTY, TEXAS.

STATE'S REPLY TO MOTION FOR FORENSIC DNA TESTING PURSUANT TO 64.01 TEXAS CODE OF CRIMINAL PROCEDURE

COMES NOW, The State of Texas, by and through the District Attorney of

Washington County, Texas, and requests the Court deny Petitioner's Motion for the following

Reasons:

1. Petitioner has not attached a sworn affidavit to his petition as required by 64.01 (a-1);

2. No evidence that could contain biological evidence was collected in this case .. The Underlying case Petitioner was convicted for is "Unlawfully Carrying of a Weapon by a Felon." No evidence was collected that could be tested.

3. Identity was not in question in this case. Petitioner gave a statement to law enforcement that at the time of an attempted murder, another individual had taken a gun from Petitioner's waistband.

WHEREFORE, PREMISES CONSIDERED, the State prays the Court to deny the relief

Sought.

Respectfully submitted,

Julie Distri Attorney Washington County, Texas I 00 E. Main, Box 303 Brenham, Texas 77833 Bar No. 00794696

__ -"~ILED ~O'CL~ NOV 17 2015 TAMMY.ERty ~ ~uty

CERTIFICATE OF SERVICE

A true copy of the above answer has been mailed to Petitioner, Darrell ijgg!¥1, No.

1014834, Polunsky Unit, 3872 FM 350 South Livingston, Texas 77351 on this the--=---~'-

lif...._~

day ofNovember 2015.