RECEIVED IN i . NO. PD-1068-15 COURT OF CRIMINAL Af>Pe/i[e '" <*? / / CHRISTOPHER ALAN LAWRENCE § Oct 14 m 5 IN THE COURT jYq'y ^j V. § CRIMIim^'A'BP/ErALS^toP- fe^ V , / THE STATE OF TEXAS § AUSTIN, TEXAS ^ 0 e1 PETITIONER'S OMNIBUS MOTION FOR LEAVE TO \ OBTAIN A FREE COPY OF RECORD ON APPEAL AND BRIEFS FILED, WITH A "SECOND" EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, Christopher Lawrence pro se, in the above-styled and numbered cause, and respectfully moves this Honorable Court
to proceed with this action seeking free copies of the record on
appeal in the Third Court of Appeals under no.03-14-00192-CR. And
further moves this court to grant an extension of time to file the FILED IN PDR to a date of atleast 15 days after receiving gggRfIg^^mi^tiJB^iPE&BS documents, and in support would show the following: «px i•• ?X«5 II.
Abel Acosta, Clerk Under the authority of the "OPEN COURTS" mandate of the Texas
Constitution Art.l,§13, and the Fourteenth Amendment to the United States Constitution, this Honorable Court has the POWER TO GRANT
the relief requested herein.
II.
Petitioner has GOOD CAUSE to show that he has been denied his
Sicth Amendment Right to the effective assistance of counsel on appeal, and that a failure to grant this motion would prejudice the petitioner by foreclosing reversable errors and the ability to challenge the sufficiency of evidence to support the conviction.
1. Hence, petitioner shows that the Record on Appeal is necessary
to prepare a Petition for Discretionary Review to address the Court
of Appeals decision and the failure of court appointed counsel to
raise the plain errors within the record on appeal. But is unable
to effectively present the claimed errors to this Court without
supporting references and documentation.
Draper V. Washington, 83 S.Ct. at 781 "In terms of trial records... the State must afford the indigent a 'record of sufficient completeness,' to permit proper consideration of [his] claims."
This motion follows the holdings in Bounds V. Smith, 97 S.Ct.
1491 (1997) as it relates to "post conviction" remedies. In Bounds
the Court was referring to a Habeas Corpus action. The effect is
the same in this case.
Bounds V. Smith, 97 S.Ct.1491 (1997) "It is now established beyond doubt that prisoners have a constitutional right to acess to Courts."
More recent decisions have struck down restrictions and required
remedial measures to insure that inmates' access to Courts is
adequate, effective, and meaningful.
Id. Bounds " Thus in order to prevent effective foreclosed acess, indigent prisoner's must be allowed to file.... habeas corpus petitions."
However, this is impossible without proper records.
Id Bounds. ".... is impossible without trial transcripts."
2. The Supreme Court held that destitute defendants must be afforded
adequate review just a defendan||s who have money to buy transcripts. See Griffin V. Illinois,76 S.Ct.at 591. Therefore the State must
furnish the indigent defendant with a free copy of the documents
necessary for the purposes of direct appeal, however, the Griffin
principle of equality was not limited to transcripts for purposes
of direct appellate review. The Supreme Court later in Lane V. Brown,
held that it is made clear that the Griffin principle also applies
to state collateral proceedings. See Lane V. Brown, 83 S.Ct. 768 at 773.
(1983).
III.
Petitioner contends that if he is denied a free copy of the re
cord on appeal, such a denial would be denying Petitioner his right
to file a Petition for Discretionary Review. Said denial would be
a violation of the Fourteenth Amendment to the U.S.Constitution.
Moreover, to impose any financial conditions between an indigent
prisoner of the State and his exercise of a State right to have
remedy by Due Course of Law for an injury done to him, and deny
that prisoner Equal Protection of Law as provided through the Texas
Constitution.
In Garner V. California the Supreme Court held that....a
laymen acting in his own defense or his own behalf needs the
Court Records even more than an attorney acting on his behalf.
See Garner V. California, 89 S.Ct.582 (1969). Therefore movant
avers that the documents requested herein are essential and are re
quired to present Petitioners case to this Honorable Court of
Criminal Appeals. IV.
Petitioner would show that in his initial request for an
extension 'of time to file his PDR, he made reference to the fact
that his appellate counsel has failed to supply him with redcords
on appeal.
The first extension of time to file was granted on 8-18-15.
The court assigned a due date of 10-27-15.
Based on the inability to obtain records from the attorney or
the Court of Appeals free of charge. Petitioner is unable to
meet the current due date for filing his PDR unless he makes
assumptions from the memorandum opinion of the Court of Appeals.
WHEREFORE PREMISES CONSIDERED, Petitioner humbly and respectfully
moves this Honorable Court to GRANT this Motion in its entirety
and further order the Third District Court of Appeals to forward
a free copy of the Records filed in that Court under Cause No.
03-14-00192-CR; Christopher Alan Lawrence V. The State of. Texas.
And further GRANT the extension of time to file his PDR to a date
no l'ess than 15 days after receiving a copy of the records from
the Court of Appeals.
Respectfully Submitted,
This #th day of October, 2015
Z^/L^?V opher Alan Lawrence #01923479 3001 S. Emily Dr. Beeville, TX 78102
4. INMATE DECLARATION
I, Christopher Alan Lawrence, am the petitioner in the fore
going motion seeking documents and an extension of time to file my
PDR. I am currently incarcerated in the McConnell Unit in Bee,
County, Texas. I declare under penalty of perjury that according
to my belief, the facts stated in the above motion are true and
correct.
Signed on tf&jkls' &"** 2015
Christopher Alan Lawrence
CERTIFICATE OF SERVICE
I Hereby Ser-tify that a true and correct copy of the fbregoing
motion has been forwarded by U.S.Mail First Class postage paid,
to Comal County District Attorney, Jennifer Thorne, 100 Main
Plaza, New Braunfels, TX 78130 and Lisa Mcminn, State Prosecuting Attorney, P.O.Box 12405, Capital Station, Austin, TX 78711. On
this 8th day of October, 2015.
rffaw/*
I, Christopher Alan Lawrence, declare that I am not financially
able to pay court costs in the aforementioned proceedings, and would
give this Honorable Court the following statement of my finances:
1. I have no employment income, gocernment-entitlement income,
or other income.
2. I have no real or personal property.
3. I am not married.
4. I have zer ($0.00) dollars in checking, savings, retirement,
or other bank accounts.
5. I have no other assets.
6. I am unable to obtain a loan for court costs.
7. No attorney is employed by me.
8. No attorney has offered his services to me
Christopher Alan Lawrence TDCJ # 01923479
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RECEIVED IN i . NO. PD-1068-15 COURT OF CRIMINAL Af>Pe/i[e '" <*? / / CHRISTOPHER ALAN LAWRENCE § Oct 14 m 5 IN THE COURT jYq'y ^j V. § CRIMIim^'A'BP/ErALS^toP- fe^ V , / THE STATE OF TEXAS § AUSTIN, TEXAS ^ 0 e1 PETITIONER'S OMNIBUS MOTION FOR LEAVE TO \ OBTAIN A FREE COPY OF RECORD ON APPEAL AND BRIEFS FILED, WITH A "SECOND" EXTENSION OF TIME TO FILE PETITION FOR DISCRETIONARY REVIEW
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
COMES NOW, Christopher Lawrence pro se, in the above-styled and numbered cause, and respectfully moves this Honorable Court
to proceed with this action seeking free copies of the record on
appeal in the Third Court of Appeals under no.03-14-00192-CR. And
further moves this court to grant an extension of time to file the FILED IN PDR to a date of atleast 15 days after receiving gggRfIg^^mi^tiJB^iPE&BS documents, and in support would show the following: «px i•• ?X«5 II.
Abel Acosta, Clerk Under the authority of the "OPEN COURTS" mandate of the Texas
Constitution Art.l,§13, and the Fourteenth Amendment to the United States Constitution, this Honorable Court has the POWER TO GRANT
the relief requested herein.
II.
Petitioner has GOOD CAUSE to show that he has been denied his
Sicth Amendment Right to the effective assistance of counsel on appeal, and that a failure to grant this motion would prejudice the petitioner by foreclosing reversable errors and the ability to challenge the sufficiency of evidence to support the conviction.
1. Hence, petitioner shows that the Record on Appeal is necessary
to prepare a Petition for Discretionary Review to address the Court
of Appeals decision and the failure of court appointed counsel to
raise the plain errors within the record on appeal. But is unable
to effectively present the claimed errors to this Court without
supporting references and documentation.
Draper V. Washington, 83 S.Ct. at 781 "In terms of trial records... the State must afford the indigent a 'record of sufficient completeness,' to permit proper consideration of [his] claims."
This motion follows the holdings in Bounds V. Smith, 97 S.Ct.
1491 (1997) as it relates to "post conviction" remedies. In Bounds
the Court was referring to a Habeas Corpus action. The effect is
the same in this case.
Bounds V. Smith, 97 S.Ct.1491 (1997) "It is now established beyond doubt that prisoners have a constitutional right to acess to Courts."
More recent decisions have struck down restrictions and required
remedial measures to insure that inmates' access to Courts is
adequate, effective, and meaningful.
Id. Bounds " Thus in order to prevent effective foreclosed acess, indigent prisoner's must be allowed to file.... habeas corpus petitions."
However, this is impossible without proper records.
Id Bounds. ".... is impossible without trial transcripts."
2. The Supreme Court held that destitute defendants must be afforded
adequate review just a defendan||s who have money to buy transcripts. See Griffin V. Illinois,76 S.Ct.at 591. Therefore the State must
furnish the indigent defendant with a free copy of the documents
necessary for the purposes of direct appeal, however, the Griffin
principle of equality was not limited to transcripts for purposes
of direct appellate review. The Supreme Court later in Lane V. Brown,
held that it is made clear that the Griffin principle also applies
to state collateral proceedings. See Lane V. Brown, 83 S.Ct. 768 at 773.
(1983).
III.
Petitioner contends that if he is denied a free copy of the re
cord on appeal, such a denial would be denying Petitioner his right
to file a Petition for Discretionary Review. Said denial would be
a violation of the Fourteenth Amendment to the U.S.Constitution.
Moreover, to impose any financial conditions between an indigent
prisoner of the State and his exercise of a State right to have
remedy by Due Course of Law for an injury done to him, and deny
that prisoner Equal Protection of Law as provided through the Texas
Constitution.
In Garner V. California the Supreme Court held that....a
laymen acting in his own defense or his own behalf needs the
Court Records even more than an attorney acting on his behalf.
See Garner V. California, 89 S.Ct.582 (1969). Therefore movant
avers that the documents requested herein are essential and are re
quired to present Petitioners case to this Honorable Court of
Criminal Appeals. IV.
Petitioner would show that in his initial request for an
extension 'of time to file his PDR, he made reference to the fact
that his appellate counsel has failed to supply him with redcords
on appeal.
The first extension of time to file was granted on 8-18-15.
The court assigned a due date of 10-27-15.
Based on the inability to obtain records from the attorney or
the Court of Appeals free of charge. Petitioner is unable to
meet the current due date for filing his PDR unless he makes
assumptions from the memorandum opinion of the Court of Appeals.
WHEREFORE PREMISES CONSIDERED, Petitioner humbly and respectfully
moves this Honorable Court to GRANT this Motion in its entirety
and further order the Third District Court of Appeals to forward
a free copy of the Records filed in that Court under Cause No.
03-14-00192-CR; Christopher Alan Lawrence V. The State of. Texas.
And further GRANT the extension of time to file his PDR to a date
no l'ess than 15 days after receiving a copy of the records from
the Court of Appeals.
Respectfully Submitted,
This #th day of October, 2015
Z^/L^?V opher Alan Lawrence #01923479 3001 S. Emily Dr. Beeville, TX 78102
4. INMATE DECLARATION
I, Christopher Alan Lawrence, am the petitioner in the fore
going motion seeking documents and an extension of time to file my
PDR. I am currently incarcerated in the McConnell Unit in Bee,
County, Texas. I declare under penalty of perjury that according
to my belief, the facts stated in the above motion are true and
correct.
Signed on tf&jkls' &"** 2015
Christopher Alan Lawrence
CERTIFICATE OF SERVICE
I Hereby Ser-tify that a true and correct copy of the fbregoing
motion has been forwarded by U.S.Mail First Class postage paid,
to Comal County District Attorney, Jennifer Thorne, 100 Main
Plaza, New Braunfels, TX 78130 and Lisa Mcminn, State Prosecuting Attorney, P.O.Box 12405, Capital Station, Austin, TX 78711. On
this 8th day of October, 2015.
rffaw/*
I, Christopher Alan Lawrence, declare that I am not financially
able to pay court costs in the aforementioned proceedings, and would
give this Honorable Court the following statement of my finances:
1. I have no employment income, gocernment-entitlement income,
or other income.
2. I have no real or personal property.
3. I am not married.
4. I have zer ($0.00) dollars in checking, savings, retirement,
or other bank accounts.
5. I have no other assets.
6. I am unable to obtain a loan for court costs.
7. No attorney is employed by me.
8. No attorney has offered his services to me
Christopher Alan Lawrence TDCJ # 01923479
3001 S. Emily Dr. Beeville, TX 78102 TDCJ# 01923479
Christopher Alan Lawrence 3001 S. Emily Dr. Beeville, TX 78102
DATE: 10-8-2015
RE: Omnibus Motion seeking Court Records and Extension of Time to file PDR.
Dear Clerk,
Please find my Motion seeking a free copy of the record on appeal and a "second" extension for time to file my PDR. The Court appointed Attorney has .continually refused to supply the needed documents,I have written numerous letters..His one response claims that he sent a CD of the records to a "neighbor" of my parents. I have no idea who he could be talking about? But I have no reason to believe that what he says is true since I have not had this confirmed by this "neighbor" or my family. The attorney appointed by the Court is C. Wayne Huff,SBOT# 10180600, P.O.Box 2334, Boerne, TX 78006. I have filed a grievance with the State Bar of Texas, but that has no bearingron my filing deadlines curre'ntly set by the Court. Your cooperation is much needed in this situation. Please inform me immediately on the status of this motion. I don't want to file my PDR in the blind, but I have no other way to preserve the fact that the evidence in this case is legally and factually insufficient to support the conviction and but for counsel's ineffective representation my grounds would have been presented to the Court of Appeals, resulting in my acquittal. Thank you for your time and attention.
Sincerely.
Christopher Alan Lawrence NO. PD-1068-15
CHRISTOPHER ALAN LAWRENCE § IN THE COURT
V. § OF CRIMINAL APPEALS
THE STATE OF TEXAS § AUSTIN, TEXAS
' r. MOTION TO SUSPEND RULE 9.3 ^_ NUMBER OF COPIES NOW COMES, Christopher Alan Lawrence, Applicant pro se, and files this motion to suspend rule 9.3, number of copies and in support
of this motion wj^uld show the Honorable' Court the following: I.
Applicant is a prisoner in TDCJ-ID and does not have access to a copier and does not have outside help, therefore applicant has
no way to create the number of copies required by Rule 9.3 and
therefore is humbly requesting this Honorable Court to suspend Rule 9.3 number of copies.
On (tfhis fth day of October, -2015
Christopher Alan Lawrence TDCJ#Q19234^9f> App|j[.ican£:'.'Pro''Se
.0h-