Kennedy, Michael Ray

Opinion

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BRIAN QUINN Chiefjustice (ttmtrt nfcAppeak VIVIAN LONG Clerk

JAMES T. CAMPBELL Justice

Ji»ebeniij ,3Btstrtd: of ®«cas MAILING ADDRESS:

MACKEY K. HANCOCK Justice

Potter (Eoutttg Glourts ^mining P. O. Box 9540 79105-9540

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PATRICK A. PIRTLE Justice jAmariUo, ©exas 79X01-2449 (806) 342-2650

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October 21,2015

Michael Ray Kennedy TDCJ-ID 1968578 Stevenson Unit 1525 FM 766 Cuero, TX 77954

RE: Case Number: 07-14-00353-CR Trial Court Case Number: 67,789-E

Style: Michael Ray Kennedy v. The State of Texas

Dear Mr. Kennedy:

Before the Court is your motion for "forensic analysis and testing" and your motion for appointment of counsel. The Court's opinion and judgment were issued on July 16, 2015. Its plenary power over its judgment expired on September 25, 2015.

0 Your motions do not indicate the date you placed them in the prison mail system. This day, the Court ruled that if your motions were timely placed in the prison mail system, they are denied. See Tex. R. App. P. 9.2(b)(1). If your motions were placed in the prison mail system after the Court's plenary power expired, they are dismissed for want of jurisdiction. Tex. R. App. P. 19.1(b).

Very truly yours,

VIVIAN LONG, CLERK

xc: Honorable Douglas Woodburn (DELIVERED VIA E-MAIL)

Caroline Woodburn (DELIVERED VIA E-MAIL) Katherine L. Levy (DELIVERED VIA E-MAIL) Don F. Schofield (DELIVERED VIA E-MAIL)

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EXHIBIT B

AFFIDAVIT

GLENDA PEMBERTON, In The Court of

§ Criminal Appeals § of Texas

Austin,Texas

Before Me the Undersigned Authority, Personally Appeared, Or^Qprry^ V&Vf\\oMJniAwho being by Me Duly Sworn, Deposed as Follows:

My Name is Glenda Pemberton. I am of sound Mind, Capable of Making This Affidavit and Personally Acquantied with the Fact's Herin,Stated I am the Mother of;

My Son is Michael Ray Kennedy. I Retained the Attorney, David Martinez. I Paid Exzactly the Amount of $S"/*%Tb5Vfor this Attorney to Represent My Son. Mr.Martinez Told Me He would Write A Affidavit that; HE HAD HEARING PROBLEMS and COULD NOT HEAR THE PROCEEDINGS. He Never Did write the Affidavit That He Had Hearing Problems. He Also Said he would Investigate the case and Interview Witnesses and do Testing of Evidence. The Attorney Said he would Pre-pair A Motion for Rehearing,He Did Not. Pro-Se Motion was Filed. The attorney told Me he would Defend My Son. There was NO Investigation or Interviews Conducted with the Officers. He was Not Prepaired for Trial. The Attorney Lied to me and Took Advantage of me and Charged An Excessive Amount Doing Nothing He Said he was going to do.

I Will Testify to what this Attorney said Over the Phone,He Just Flat out Lied to me. With False Promises of Hope. He Did Not Represent My Son as He Should of.

Affiantcffi^Q^ *H^Wfc>*

/^/ £^A»n6'to \pd Subscribed Before Me on th&JS1^ Day of NfiOWlhlL ,2015 5ft * •• in,y co ; * S

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* V. ^ PUBLIC, STATE OF TEXAS. NOTARYS PRINTED NAME Ml'tleNA HltOCtL ^•Nrtjnrtetfmmission Expires hlQ'Cft'l^P ,