Joshua Madison Newkirk v. State

• Court: Court of Appeals of Texas
• Decided: September 28, 2015
• Docket: 06-15-00160-CR
• Status: Published

Opinion

I -;: ·,~ F!L£o NO. 29,984 lOIS S[p /f 1 STATE OF TEXAS § IN THE DISTRIST ~Q,URT FILED 4 IN 1111:APPEALS 6th COURT OF I0 j § vt ~· rrw·rTEXARKANA, -:t y , . ~ .. •. ~. :::..r::·.;.~·~.;.:?u,.., TEXAS vs. ~ 354th JUDICI~~~~~tH~N-r 9/28/2015 8:28:40 AM c::. r. . DEBBIE AUTREY JOSHUA MADISON NEWKIRK § HUNT COUNTY, TEXAS Clerk ·U l!;·, ·1--,

NOTICE OF APPEAL

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes JOSHUA MADISON NEWKIRK, Defendant in the above styled and

numbered cause, and gives this written notice of appeal to the Court of Appeals of the

State of Texas from the judgment of conviction and sentence herein rendered against

JOSHUA MADISON NEWKIRK.

Respectfully submitted,

Peter I. Morgan 2708 Washington St. P.O. Box 984 Greenville, Texas 75403 Tel: (903) 455-8113 Fax: (903) 642-0057

ByP/~ Peter I. Morgan State Bar No. 14451700 Attorney for JOSHUA MADISON NEWKIRK

Notice of Appeal Page 1 of 2 I f

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1 I J CERTIFICATE OF SERVICE

This is to certify that on September 11, 2015, a true and correct copy of the above

and foregoing document was served on the District Attorney's Office, Hunt County, 41h Floor

Hunt County Courthouse, by hand delivery.

PI~ Peter I. Morgan

Notice of Appeal Page 2 of 2

2 CASE NO. 29984 COUNT 1 .~tr-!_fLt:o INCIDENT No.fi'RN: 9128362217 AOOl ~,.. ~AI ~. ':) ? THE STATE OF TEXAS § IN THE DISTRICT C~~ltT ... ~}Qf5 § ~-:;"- .., cte: v. § "~•cs , 'l~ § OF HUNT COUNTY, Tt~fL'tt...... ••.t-~.... j ~ JOSHUA MADISON NEWKIRK § • C:l.l'.\' § STATEID No.: TX 50028780 § 354TH JUDICIAL DISTRICT

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL

I, RICHARD A. BEACOM, JR. ,Judge of the trial court certify this criminal case: 181 is not a plea bargain case, and the defendant has the right of appeal; or 0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived and the defendant has the right of appeal; or 0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the right to appeal; or 0 is a plea bargain case, and the defendant has NO right of appeal; or O the defen~ant ha.wa;ved the right ofappi'? Signed on 09-02-2015. ff: ~- ,tJ ~ ~

. . HONORABLE R;CHAR.D A:BEACOMZ~ .. 354 TH JUDICIAL DISTRICT COURT - I have received a copy of this certification. I have also been informed of my rights. concerning-any appeal ofthis criminal case, including any right to file a prose petition for discretionary review pursuant to: Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my auo·rney must mail a copy of the court of appeals' j~dgment and opinion to my last known address and I have only thirty (30) days in which to file a pro se petition for discretionary review in the court of appeals. TEX. R. APP. PRO. R. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of any change in the address at which 1 am currently living or any change in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary review.

fendant (MUST SIGN) Attorney for Defendant

Mailing Address: :250 / -7;1.~ <:; 7: SBN: -~~,a.c....:l'-'~"-'1_.1'-------- Cq(JJ" JV.:;I~, lS£ 751~ Telephone number: 9"'~ ~ 51:-7- c:JIB ( Address: PO BOX 1053 GREENVILLE,TEXAS 75403-1053 Telephone Number: 903-455·9888 Fax Number: 903-454-7904

f I f f 3 I THE STATE OF TEXAS * * v * • JOSHUA MADISON • NEWKIRK

MOTION FOR NEW TRIAL

Joshua Madison Newkirk. Defendant, files this Motion For New Trial and shows:

1. Trial Date and Conviction

A trial before the court on this case was held and judgment pronounced and entered on September 2, 20 15. 2. Grounds for New Trial Defendant requests that a new trial be granted in the interest of justice. Defendant urges the Court to reconsider whether or not sufficient evidence exists to support each element of the offense of Murder as charged in the indictment. Prayer Defendant prays that the Court set aside the Judgment of Conviction entered in this cause and order a new trial on the merits ..

Peter l. Morgan, Counsel for Joshua Madison Newkirk SBN 14451700 P.O. Box 984 2708 Washington St. Greenville. Texas 75403 Tel: (903) 455-8l13 Fax: (903) 642-0057

\ Motion For New Trial State ofTexas v. Joshua Madison Newkirk

I Page l of2 4 I -;: ·,~ F!L£o NO. 29,984 lOIS S[p /f 1 STATE OF TEXAS § IN THE DISTRIST ~Q,URT FILED 4 IN 1111:APPEALS 6th COURT OF I0 j § vt ~· rrw·rTEXARKANA, -:t y , . ~ .. •. ~. :::..r::·.;.~·~.;.:?u,.., TEXAS vs. ~ 354th JUDICI~~~~~tH~N-r 9/28/2015 8:28:40 AM c::. r. . DEBBIE AUTREY JOSHUA MADISON NEWKIRK § HUNT COUNTY, TEXAS Clerk ·U l!;·, ·1--,

Now comes JOSHUA MADISON NEWKIRK, Defendant in the above styled and

numbered cause, and gives this written notice of appeal to the Court of Appeals of the

State of Texas from the judgment of conviction and sentence herein rendered against

Peter I. Morgan 2708 Washington St. P.O. Box 984 Greenville, Texas 75403 Tel: (903) 455-8113 Fax: (903) 642-0057

ByP/~ Peter I. Morgan State Bar No. 14451700 Attorney for JOSHUA MADISON NEWKIRK

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