Hunt, Carl E.

• Court: Court of Appeals of Texas
• Decided: March 13, 2015
• Docket: WR-17,988-09
• Status: Published

Opinion

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RECOMMENDATION ton DISMISSAL by Judge non Adams, cr.§§§t?"tt. ~~"” No.$\of Dallas County, Texas/ Writ-Cause No. W87-87937-I(B).

To wHoM ir MAY coNcERN= _ please find'en¢iosed my "wRiTTEN osJEcTioNs" to the friai court

Judge's RECOMMENDATION TO DlSMlSS my writ of habeas corpus wherein

l am seeking official interventions to reveal a miscarriage of Just- ice that has harmed me in multifarious fashions for the past 27 years. Specifically, in 1987, Judge Larry W. Baraka, fabricated- false evidence and conspired to deceive the Justices of the Texas Fifth Court of Appeals to_illegally dismiss my direct appeal without

my effective permission, consent, knowledge, or authorization.

ln 201A, Dallas County District Clerk Gary Fitzsimmons, unwit- tingly disclosed incriminating documentary evidences which proved ‘ that haag-a- rmy lvi."`i'izza»’r*a

Thank you very much for your tnme; attention, and efforts to help me win justice.

Respectfully yours,. ' /S/ (:QAQ ' %1‘“>*\§ l . _ y _ MR. CARL E. HUNT, Applicant (cc: interested parties) " TDCJ H.H. coffield Prison unit-T@XaS

lN THE TEXAS COURT OF CRlMlNAL APPEALS AT AUSTIN, TEXAS AND lN THE

CRIMINAL DlSTRlCT COURT NO. 3, OF DALLAS COUNTY, TEXAS

WRIT/ CAUSE NO- W87-87937-I(B)

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CARL E. HUNT, '(Applicant, Pro-se)

AfPLlCANT'S'WRITTEN OBJECTIONS TO THE TRIAL COURTlS FEBRUARY 12th,-2015 ARBITRARY AND VAGUE FINDINGS

COMES NOW, APPLICANT CARL E. HUNTasubmits these following

WRITTEN OJBECTIONS to the Findings of Criminal District Court NO.B.

Judge Don Adams, based upon the arbitrary and vague allegations of the "laches doctrine." Such vague findings are tyrannical and not based upon the actual facts and evidence thus far presented in this

~1,1_ State Writ Of Habeas Corpu-s that was filed pursuant to Texas Code U"_

Of Criminal Procedures Arti cle “11. 07 et seq seeking relief from a harmful, VOID 1987-1988 Judgment; Conviction, and illegally abridged Appeal Review perpetrated by the Trial Court Judge (etg.y Judge Larry W. Baraka presiding in 1987- 1988 in Crim. Dist' Court No. ScDallas). Applicant will show these Courts the following facts and grounds:

I.

"NEWLY nrscovERED EVIDENCE".EXCUSES THE LACHES DocTRrNE

Contrary to the Dallas County District Attorney and Judge Don Adams contentions that the Applicant failed to file his claims for

over 26 years (see attached 2- paged 02/12/2015 RECOMMENDATfON TO

DISMISS ORDER issued by.Judge Adams), the evidence and facts bears

PAGE~ONE

out this baseless assertion of the "laches doctrine." Applicant will demonstrate with irrefutable evidence, witnesses, and authentic trial and appellate records that he only recently acquired proof from the Dallas County District Clerk (Hon. Gary Fitzsimmons), when $101. OO

was~paid …for a copy of the trial records in Cause No. F87- 87937, to

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establish that Judge Larry W. Baraka fabricated false appeal records

to deceive the Fifth Court of Appeals Justices. Such deception did in fact succeed in getting the Applicant's direct appeal DISMISSED by the Fifth Court of Appeals of Dallas, Texas, by falsely_alleging the Applicant had WAIVED his right to appeal. No'written waiver, nn court documents or transcripts, and no other form of proof existed to substantiate this false waiver that Judge Baraka orchestrated. District Clerk Gary Fitzsimmons unknowingly surrendered the relevant falsified records in mid 201& when Applicant prepaid for the transj cripts of the 1987 trial records. Thus, Applicant' s proof is based

upon "Newly Discovered Documentary Evidences' "which confirms Judge

as a "cut- out appeal attorney" and to create a paper trail that succ-

eeded in simulating a real appeal process. Applicant was not a part Of this elaborate scheme and did not discover such until 2014. ll§ APPLICANT'S RIGHTS OF APPEAL AND HABEAS CORPUS WERE ABRIDGED

DELIBERATELY BY THE TRIAL COURT_ AND INADVERTENTLY BY THE FIFTH COURT OF APPEALS OF DALLAS, TEXAS

Applicant, a 60 year old Black American and U. S. Army Veteran,

has been harmed beyond any possible evaluation of a "harm analysis"

`by the state governmental entities who mishandled his 1987 cases.

PAGE Two

Only through the forum of an in- -camera Evidentiary Hearing, wherein court-appointed counsel and court-appointed investigators participate .in accordance with the United States Supreme Court s holding under

Martinez v. Ryan, 132 S.Ct.1309 (2012) ["an applicant has a const-

-ms~#_itutional"right to effective assistance of counsel on what amounts

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to his only chance to file a state habeas corpus petition based on evidence that was not in the trial record.' ‘], will justice be served1 Applicant Carl E. Hunt has been consistently oppressed, imprisoned, and denied the proof needed to establish that Judge Larry Ws Baraka ' Committed "aggravated perjury" when he devised a scheme to have Tina Hollingsworth pretend to be the Applicant's appeal attorney, when in fact the Applicant never made her acquintance,. never spoke to her, .and never received any appellate brief filed on his behalf. Proof now exists that no STATEMENT- -OF- FACTS were ever transcribed for use to evaluate and draft a valid appeal brief, because Judge Baraka_and Tina Holligsworth never intended to utilize. a Statement- -of- Factst MCommondse nse and logic dictates that no type of appeal existed fort the Fifth C ourt of Appeals Justice' s purviews or determinations*d'vn Even the Applicant' s Cass County, Texas, attorney at the 1999 jury trial (enhanced with the VOID 1987 conviction) attempted to `find out why the Applicant' s 1987- -1988 Appeal was unreasonably dis- missed? Such efforts were alluded to in the 1990 trial and appell- ate recordsm Only by virtue of District Clerk Gary Fitzsimmom's

Unintended/accidental/mistaken DlSCLOSURE OF THE FALSIFIED RECORDS

in 2014 did the true facts finally surface, The truth came to l ight.

The United States Department Justice is currently investigating these matters under U. S. D. 0. J File NO. '19@5\¢5% " f ; Applicj

ant supplied copies of his writ and documents in 0ctober 2014 to them.

, `PAGE rates

lll.“ OBJECTIONS TO GOVERMENTAL DENlALShOF JUSTICE Applicant Carl E. Hunt hereby objects to the fact that the Tex- as government of Dallas County, Texas.(Judge Don Adams, former Dist-

M,r_ict _Attorney_ Craig Watkins, former Judge Larry W. Baraka (now in

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private practice in Denton, Texas), and numerous other unnamed trial

court officials are complicit in illegally suppressing the Applicant in his plight to reveal the injustices he has suffered for 27 years. Clear and convincing evidence [1n the form of the 12 Supporting EXHI- BITS attached to his Art. 11. 07 et seq Writ of Habeas Corpus, plus- more that are in the Applicant's possession] is presented which now warrants an Evidentiary Hearing. Blacks in the United States have been shamefully oppressed_and stereotyped by the criminal justice

v Systems, and there is no estimating how many other defendants were abused by Judge Larry W. Baraka while he acted as the Presiding. Judge of the Criminal District Court No. 3 of Dallas County, Texas. ,;flV,-

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Applicant Carl E. Hunt shall continuously pray the the Texas Court of Criminal Appeals intercedes to remand this case back to the l trial court for further proceedings cmwisuym to due process and to equal-protections of the law, based upon the standards of evidence. Judge Don Adams is remiss in attempting to persuade the Court to act Upon an inapplicable theory such as the ‘laches doctrine" to DlSMlSS this meritorious case which involves "NEWLY DlSCOVERED EVlDENCE.'

So MovED AND PRAYED ton AND oBJ'tcTED To on this ct'\DAv oF mw…

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2015 A'D' g ’Respectfully submitted to all parties:

Csai t \\u¢t 2»@~\€ APPLICANT CARL E. HUNT, PrO-Se

PAGE FOUR

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STATE or TEXAS - AFFIDAVIT/ UNSWORN DECLARATION

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GIEEY(H`MUERHN

l, CARL E. HUNT, am the Declarant»Applicant in these habeas corpus proceedings being conducted by the Texas Court of Criminal Appeals at Austin, Texas.' l hereby Verify, under penalty of per- jury (a 3rd degree felony enhanceable crime in Texas) that all the

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ten instrument entitled as: "APPLICANT'S WRlTTEN OBJECTlONS TO THE TRIAL_COURT'S FEBRUARY thh, 2015 ARBITRARY AND VAGUE FlNDlNGS" _. 4 . w_ _.»_

are true and correct to the best of my knowledge and beliefs. This Unsworn declaration/affidavit is authorized in the place of.a NOTARY PUBLIC'S STAMP pursuant to Title 6, TX. CIV.Practice & Remedies Code, ` Chapter 132, Sec; §132 et seq; and, Title 28 U.S-C. 1746. ` -

/S/ CoA& &… &hcik, ` ' _ (Signature of Applicant) /S/ CGRL_ E.\Ad»*r 4 1 (Printed Name of Applicant)

Executed on this the Day Of '"~ ~ =~-Y~ 3~2015.'

/S/ l /S/

(Signature of Witness) (Yrinted Name of Witness)

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n I, CARL E. HUNT, TDCJ# 832307, confined at 2661 FM 2054, Tennessee Colony,

Texa33 7588&, at the TDCJ-CID H;HJ Coffield'Prison Unit, do hereby certify that

copies of the foregoing written OBJECTIONS (A-pages) has been posted -via- U.S.

Mail Depository, postage prepaid First-Class Mail fees, to the following: 1

'v`l). Honorable Abel Acosta, Clerk, Tx.Ct.Crim.App., Austin, Texas; '

2). Honorable Gary Fitzsimmons, Dallas County District Clerk's Office;

3). United States Attorney General's Office, Washington D.C.;

,v&), United_States Veterans Administration, Washington, DrC.;

6). Judge Don Adams, Crim.Dist.Ct.#B, Dallas, Texas.

_‘5). Prison Justice League, Austin, Texas; and,

on this the lpn day of `voxxrcy\ - 1 2015~

/S/ C@A& § HuM+- ‘B`Q`*q MR.`cARL E. HUNT, Applicant, Pro-Se

HL£ 5.

CAUSE NO. W87-87937~I(B)

EX PARTE , ' ' § iN THE CRiMNA-L CARL E. HUNT, § i)isTRiCT COURT No. 2 :`:»_ -'» `_-_.__» kied\r)licant,_ d _: ;:M;,:_:_ _r__i _ w,___ _Mf_¢ f _.N W-~-- »_~-»~ ~ ‘ _ § ”"DAi:i:As'coUNrY~TE~xAs~<~e-<--~~~»~M~M.

ORDER FINDING NO CONTROVERTED, PREVIOUSLY UNRES_OLVE_D FACTUAL ISSUES REQUIRING A HEARING

.Having` considered the applicant’s Application for Writ of Habeas Corpus and the State’s

' Response and Supplenientai Response thereto, as well as the Applicant’S objections, the Court

finds that there are no controverted, previously unresolved facts material to the legality of the Applicant’s confinement which require an evidentiary hearing

The Court finds that Applicant received a Sentence of five years confinement in this case on

Novcrnber l9, 1987. This case was used as a prior felony conviction in an indictment for unlawful

possession of a firearm by a felon'Cas_s County in 1997. Appli`c`ant received a sentence of 99 years

* ~ confinement on- the- possession of_a firearm bfy a fe_l_on_ §:::l_:fl§_.9_8.`_ "._ 1 _ § ; '_ ';f' _,_;; ; l l _' fbi , ~_ : f. .. The Court finds that Applicant’ s claims are barred by the doctrine of laches. Applicant has waited over twenty-six years to assert the claims alleged in his’application. He'has waited l7 years - since the conviction was alleged in the Cass Courity indictment Applicant has failed to present any justification for the delay in raising his claims f The Court therefore recommends that the Applicatio_n for Writ of Habeas Corpus be dismissed The Clerk of the Court is ORDERED to transmit a copy of this order, the application, the

State’s responses, Applicant’ s objections, and any other documents in this case to the Court of

Crirninal Appeals in Austin, Texas.

lt is further Ordered that the Clerk_of this Court send a copyof this order to the applicant, Carl E. Hunt, TDCJ #00832307, Coffield Unit, 2661 FM 2054, Tennessee Coloriy, TX 75884 and

to counsel for the State, Rebecca D. Ott.

siGNEr) this ';""€i§§ OrFebr`tI£{y",‘;io°i-’S“.:“`

`¢»'_‘”_" _ ._ .. _:

/H)N ADAMS, JUDGE _ CRIMINAL I)iSTRICT CoURT No. 2 DALLAS CoUNTY, TEXAS

FELICIA PITRE DISTRICT CLERK - e> ' F rank Crowley Courts Building ' -, ft _ fizzz;it>faiysrtr@triziyd§rv.~12' ' ‘ ' ' ' ' ' ' ' 5 Dallas, Texas 75207-430*0¢"' f fm w f w n v f w v m f f _ f f f f §

carr Hunr, #00_832'307 Coffield Unit

2661 Fl\/l 2054

T`ennessee flolony, TX 75884~

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