Lowe, Dominick
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Opinion
I '
SUBSEQUENT ... I I . -~ ..... ...;,_ '·- WRIT OF HABEAS CORPUS
CERTIFIED COPIES OF
POST CONVICTION
FROM: 232ND CRIMINAL COURT
OF
HARRIS COUNTY, TEXAS
DOMINICK LOWE 1226453-A RECEIVED IN . COURT OF CRIMINAL APPEALS APPLICANT APR 2 g 2015 Abel Acosta, Clerk VS.
THE STATE OF TEXAS
RESPONDENT
PAGE I OF I REV. 01-02-04 INDEX PAGE
DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER 1
STATE'S MOTION REQUESTING DESIGNATION OF ISSUES 2
STATE PROPOSED ORDER DESIGNATING ISSUES 3
CERTIFICATE OF THE CLERK 5
PAGE I OF I REV: 01-02-04 MIKE ANDERSON DISTRICT ATTORNEY HARRIS COUNTY, TEXAS
January 2, 2013
Chris Daniel, District Clerk Harris County, Texas 1201 Franklin Houston, Texas 77002 Re: Ex parte DOMINICK LOWE No. 1226453-A the 232ND District Court of Harris County, Texas Filing date: 11/7/2012
]AND 1.~, Date copy of writ delivered to District Attorney's Basket:------- By: fJaifj Mofina
Dear Sir:
I hereby acknowledge receipt of a copy of the above-captioned post conviction application for writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure. Therefore, I waive service by certified mail as provided therein.
I understand that I have 15 days from the date received to answer.
JAN 0 7 2013
-.= l . '· ...... ~.-.71'_ .•.
Date Received Assistant District Attorney Harris County, Texas
1201 Franklin Street, Suite 600, Houston, Texas 77002-1923
:00001. NO. 1226453-A FILErJ Chris Dar:ir! District Cl.::rk EX PARTE § IN THE 232N° DISTRICT cguRT. f.:\j'f 1 g ? .. , '~.: L .-
§ OF DOMINICK LOWE, BY..-=· Applicant § HARRJS COUNTY, TEXAS
THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES
The State of Texas, by and through its Assistant District Attorney for Harris County, requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate the following issues which need to be resolved:
1. Whether the State withheld Brady information: 2. Whether the trial court committed reversible error; 3. Whether Applicant's confession was voluntary; 4. Whether Applicant's trial counsel was ineffective; 5. Whether the trial court was baised; 6. Whether the evidence was sufficient to support the conviction; 7. Whether Applicant's confession complied with Texas Code of Criminal Procedure arts. 38.22 and 38.23; 8. Whether the trial court had proper jurisdiction; 9. Whether Applicant is actually innocent; 10. Whether the State engaged in prosecutorial misconduct; 11. Whether the police engaged in misconduct; 12. Whether the court interpreter was properly sworn; and, 13. Whether the cumulative effect of all the alleged due process violations denied Applicant a fair trial.
SIGNED January 18, 2013.
~""<>'"-'-'elSS i ant District Attorney arris County, Texas 1201 Franklin, Suite 600 Houston, Texas 77002 (713) 755-6657, (713) 755-5809 (fax) Texas Bar I.D. #24053738
:00002 ,- •
NO. 1226453-A
EX PARTE § IN THE 232"d DISTRICT COURT
§ OF DOMINICK LOWE, Applicant § HARRIS COUNTY, TEXAS
THE STATE'S PROPOSED ORDER DESIGNATING ISSUES
Having reviewed the applicant's application for writ of habeas corpus, the Court finds that the following issues need to be resolved in the instant proceeding:
I. Whether the State withheld Brady information: 2. Whether the trial court committed reversible error; 3. Whether Applicant's confession was voluntary; 4. Whether Applicant's trial counsel was ineffective; 5. Whether the trial court was baised; 6. Whether the evidence was sufficient to support the conviction; 7. Whether Applicant's confession complied with Texas Code of Criminal Procedure arts. 38.22 and 38.23; 8. Whether the trial court had proper jurisdiction; 9. Whether Applicant is actually innocent; 10. Whether the State engaged in prosecutorial misconduct; 11. Whether the police engaged in misconduct; 12. Whether the court interpreter was properly sworn; and, 13. Whether the cumulative effect of all the alleged due process violations denied Applicant a fair trial.
Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues and then enter findings of fact.
The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the above-styled case to the Court of Cri · 1 Appeals until further order by this Court.
the Co
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:00003 NO. 1226453-A
EX PARTE § IN THE 232N° DISTRICT COURT
CERTIFICATE OF SERVICE
Service has been accomplished by mailing a true and correct copy of the foregoing instrument to the following address:
Dominick Lowe #01679134 Hodge Unit P0999 Rusk TX 75785
SIGNED January 18,2013.
ss Assis District Attorney Harris ounty, Texas 1201 ranklin, Suite 600 Houston, Texas 77002 (713) 755-6657, (713) 755-5809 (fax) Texas Bar I.D. #24053738
FILED Chris Daniel District Clerk SUPPLEMENTAL CERTIFICATE OF THE CLERK
APPLICANT IN CUSTODY
THE STATE OF TEXAS { IN THE 232nd DISTRICT COURT
COUNTY OF HARRIS { OF HARRIS COUNTY, TEXAS
I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the ./ foregoing !J pages contain true and correct copies of original records now in my
lawful custody and possession relating to cause number 1226453-A including the
petition, all answers filed by the State, the Order of the Court (entered on the 21 sr day
of APRIL,A.D., 2015) and each document, the inclusion of which was thereby ordered.
I further certify the Applicant DOMINICK LOWE is in the custody of the Texas
Department of Criminal Justice Institutional Division.
Wi !ness my hand and seal of said Court at Houston, Texas, on this the J jl~day of
APRIL, 2015.
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. PAGE I OF I REV. 01-02-04 :00005
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