In The Court of Criminal Appeals of Texas
Ex Parte: § Randolph Lee Nobles State of Texas
§ v. §
Case No. Tr. Ct. No. 10-03-048-CRW-D
CCA No. WR-75,795-04
Petition for Discretionary Review
Oral Argument Requested
RECEIVED IN COURT OF CRIMINAL APPEALS
JAN 23 2015
Abel Acosta, Clerk >~~
Table of Contents
Cover Page 1 Table of Contents 2 Identity of Judge, Parties and Counsel 3 Index of Authorities 4
Statement Regarding Oral Argument 5 Statement of the Case 6 Statement of Procedural History 7 Grounds for Review 8,9 Argument 10,11 Prayer for Relief 12 Appendix. 13 (a) Judgement Sheet and Indictment (b) Official Notices from Court of Criminal Appeals (c) Attorney letter dated June 2, 2010 (d) Attorney letter dated October 16, 2013 (e) Attorney letter dated July 8, 2014 (f) P.S.I. Report (g) Transcripts (8 pages) - Punishment Hearing (h) State Fire Marshal'.s Investigation Report (3 pages) (i) Excerpts from Wilson County News (3 pages) Lead investigator Carlos D Garza was arrested 4 days after the interview with Randolph Lee Nobles.... Identity of Jud^. Parties and Counsel
JudSe; Hon. Stella H. Saxon - 218th District 101 N Panna Maria Ave, Karnes, TX 78118 (803) 780-3089 Fax: 780-3227
Defendant: Randolph Lee Nobles - # 01686000 Sanders Estes Correctional Center 1100 Hwy 1807, Venus TX 76084 (972) 366-3334
State Attorney: Rena Pena / Audrey Louis 1327 3rd St, Floresville TX 78114 (803) 393-2200 Fax: 393-2205
Defense Attorney; Ed Shaughnessy III 206 E Locust St, San Antonio TX 78212 (210) 212-6700 Index of Authorities
Brady v. Maryland, 83 S.Ct. 1194 Ex Parte Elizondo, 947 S.W.2d 202 Fed. Rules of Crim. Proc. Rule 11 Herrera V. Collins, 506 U.S.390T 113 S.Ct. 853, 122 L.Ed.2d 203 Monroe v. U. s., 463 F.2d 1032 Schlup y. Delo, 513 u.s.298, 314, 115 S.Ct. 851, 130 L.Ed.2d 808 Schnautz v. Beto, 416 F.2d 214 Tex. Code Crim. Proc. Art. 11.07 Timmreck, 441 U.S.780, 784, 95 S.Ct.:2085, 60 L.Ed.2d 634 Ex Parte Tuley, 109 S.W.3d 388 U.S.C.A. Const. Amend. 14 State v. Vasguez, 889 S.W.2d 588 Statement Regarding Oral Argument
Petitioner, Randolph Lee Nobles, requests to have oral argu ment by way of telephonic means if possible for the following reason. Petitioner is illiterate with just an Eighth Grade educ ation and can articulate and argue his case better orally rather than having to use a mediator to be translative of his statements and counterstatements to argue the merits of his case. Statement of the Case
This is a subsequent application for a writ of habeas corpus, Tex. Code Crim. Proc. Art. 11.07 Sec. 4(a)-(c): actual innocence of the crime of Arson, Penal Code 28.02. Exculpatory evidence was withheld from Petitioner and Petitioner's attorney which led Petitioner to enter into an unvoluntary plea of guilty. Petitioner attempted to withdraw his guilty plea after being admonished by the court, but was denied by the Court to withdraw his plea of guilty. The evidence withheld (forensic's report, homeowner's insurance settlement, homeowner's personal financial disclosures, and homeowner's prior sexual relationship she had with the police investigator Carlos Garza) among other relevant facts recently made available can show that no reasonable juror could have found Petitioner guilty in light of the new evidence. Statement of Procedural History
Petitioner, Randolph Lee Nobles, filed a subsequent Writ of Habeas Corpus 11.07, Sec. 4(a)-(c): Actual innocence; TR. CT. No. 10-03-048-CRW-D; WR-75,795-04 that was received by the Court on December 5, 2014, and was dismissed without written order on December 17, 2014. Petitioner requested to extend time for filing Petition for Discretionary Review on January 5, 2015, and filed for Petition for Discretionary Review on January 5, 2015. Grounds for Review
1) Exculpatory and newly discovered evidence was withheld from Petitioner and his defense attorney, Ed Shaughnessy III, that has recently been made available that no reasonable juror could have found Petitioner guilty in light of the newly discovered and exculpatory evidence withheld by the State's prosecuting attorney despite his plea of guilty. Plea of guilty was unvoluntary. 2) The evidence is insufficient to support the conviction. Fire Marshall's Report of forensic lab results refutes use of accellerant as cause of house fire. Homeowner's personal financial disclosures that were withheld from Petitioner and his attorney prove homeowner, Joan Thompson, to be delinquent in home mortgage payments and collected over $126,500.00 from insurance policy and had a sexual relationship with Sheriff's lead investigator, Carlos Garza, prior to home fire that could constrew bias of investigation, and that homeowner's benefit from loss of home together can be seen as suspiciousness of arson by reasonable juror.
3) Ineffective assistance of counsel. Trial counsel did not investigate the case, did not file any pretrial motions and failed to inspect evidence before he misled Petitioner to enter into an involuntary plea of guilty. His only trial strategy appears to have Petitioner plead guilty without an investigation of the case, no pretrial motions filed, and no inspection of evidence; clearly establishing his lack of representation below standard that meets the two-prong attack of Strickland.
4) Petitioner's plea of guilty was involuntary. Petitioner was accepting his attorney's advice to plead guilty, but did not want to plead guilty. He attempted to withdraw his guilty plea and was clearly confused when addressed by the Court. Petitioner has mental limitations with an I.Q. of 74 and is illiterate, making a colloquy inadequate even though it would usually-.be sufficient. Argument
This subsequent application for writ of habeas corpus is part Herrera-type and part Schlup-type (Herrera v. Collins, 506 U.S.390, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993); Schlup v. Delo, 513 U.S.298, 314, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995)). Petit ioner claims actual innocence and Constitutional violations under Tex. Code Crim. Proc. Art. 11.07. Claims of actual innocence are cognizable by Court of Criminal Appeals in post-conviction habeas corpus proceedings for confinement and raise issues of federal constitutional magnatude (Ex Parte Elizondo, 947 S.W.2d 202 (1996), U.S.C.A. Const. Amend. 14. An applicant's guilty Plea does not preclude his claim of actual innocence on application for writ of habeas corpus based on evidence that was unavailable at the time he pleaded guilty (Ex Parte Tuley, 109 S.W.3d 388). Brady viol ation was made by State prosecuting attorney by withholding ex culpatory evidence favorable to defense from Petitioner and his attorney (Brady v. Maryland, 83 S.Ct. 1194). The exculpatory evid ence withheld could have determined a different outcome had Appli cant known about it. A habeas applicant claiming actual innocence is not claiming that the evidence at trial was insufficient to support the conviction; on the contrary, the successful applicant shows by clear and convincing evidence that, despite the evidence of guilt that supports the conviction, no reasonable juror could have found the applicant guilty in light of the new evidence (U.S. v Timbana, 222 F;'3d 688). Petitioner's defense attorney was ineffective and did such a poor job that clearly it meets the critera for ineffective assistance of counsel under the Strickland standard. He did not investigate the case, did not file any pre trial motions, and misled Petitioner to plead guilty without exam ining any of the evidence. Valid, intelligently made plea does not become vulnerable to later attack if defendant did not correctly assess every relevant factor entering into his decision (State v. Vasquez, 889 S.W.2d 588). Petitioner was confused and did not know or understand the consequences of his plea and attempted to with- 10 draw it (Schnautz v. Beto, 416 F.2d 214). Court made plain error in not allowing Petitioner to withdraw his guilty plea. Petition er's mental limitations made a colloquy inadequate and should have conducted a competency hearing or inquiry (Monroe v. U. S., 463 F.2d 1032; Fed. Rules of Crim. Proc. Rule 11). Applicant's guilty plea should be set aside (Timmreck, 441 U.S.780, 784, 95 S.Ct. 2085, 60 L.Ed.2d 634 (1979)).
11 Prayer for Relief
Wherefore, premises considered, Petitioner prays the Court of Criminal Appeals of Texas grant this Petition for Discretionary Review and set aside his plea of guilty and reverse and remand this cause back to the trial court for repleading. Respectfully Submitted,
V^JSJ. £*. YPaMaj Randolph Lee Nobles, Petitioner Executed on this "2.Q day of January, 2015.
Certification
I, Randolph Lee Nobles, prisoner no. 01686000, being currently confined at the Sanders Estes Unit in Johnson County, Texas, declare under penalty of perjury that the foregoing is true and correct to the best of my knowledge and belief.
Randolph Lee Nobles
12 Appendix
(a) Judgment Sheet and Indictment (b) Official Notices from Court of Criminal Appeals U; Attorney letter dated June 2, 2010 (d) Attorney letter dated October 16, 2013 (e) Attorney letter dated July 8, 2014 " (f) P.S.I. Report " ' " (g) Transcripts -Punishment Hearing (8 pages) (h) State Fire Marshal's Investigation Report (3 pages) (i) Excerpts from Wilson County New*(3 pages) Lead investigator Carlos D Garza was arrested on multiple counts of sexual assault 4 days after the interview with Randolph Lee Nobles.
13 b/
CAUSE NUMBER:/£> - O^- 0 ¥ t~ CRW STATE OF TEXAS vs.
OFFENSE: Arson BOND: $100,000
DEGREE: 2nd DATE FILED: March 3,2010
IN THE NAME AND BY THE AUTHORITY OF THE STATE QF-TEXAS^the Grand Jury, dulyselected, organized, sworn and impaneled as such forthe County of Wilson, State ofTexas, atthe October, A.D., 2009, Term of the 81st/218th Judicial' DistricrCourt for said County, upontheiroaths present in andto said Court, thatonor about the 7th day ofDecember, 2009, and before the presentment ofthis indictment in^ &"
toe County and State aforesaid RandolphNobles (hereinafter styled Defendant), did then and there:
Paragraph A with intent to damage and destroy ahabitation located at 133 Spring Valley Drive, Adkins, Texas, start a fire, or cause an explosion, by using flammable accelerants, knowing thatsaidhabitation hadlocated within it property belonging to another, to-wit: furniture, belonging to Joan Thuuipsun;
Paragraph B' withintentto damage and destroy a habitation located at 133 Spring Valley Drive, Adkins, Texas, starta fire, or cause anexplosion, byusing a flammable accelerant, and the said Defendant was reckless about whether the burning orexplosion would endanger Ayl~fe of some individual or the safetyof theproperty of another, to-wit: Joan 1 • "M-.n:'..j, hy-a ;inga flammable accelerant to starta fire or cause an explosion;
AGAINST THE PEACE AND DIGNITY OF THE STATE.
Foreman of the Grand Jury
I. DEBORAH BRYAN, POT8CT CLE'S 0FMLSO7J CITY TEXAS DO HERESY CERTIFY THAT THE HffiEGOBG IS ATRUE WD GORPECT COPY OFTHE ORIGINAL fSfO/S'.'D OF RECORD IN l!Y OFFICE W1TK0SS f.!Y OFFICIAL MA© AKp SEAL THIS
DEBORAH 8RVAW. District Gsric WIL50;JC016T/,F. _____ fct3o' f^j
(a) Indictment CASENO.10-03-O0048-CRW Count INCIDENT NO./TRN: The State op Texas 5 In The 218TH District v. § § Court
RANDOLPH LEE NOBLES § WILSON County, Texas State ID No.: TX §
.Judgment of Conviction bt P-pukt^-Waiver nv .Timvtptai. Judgo Presiding: HON. STELLA SAXON Date Judgment 11/8/2010 Entered: Attorney for State; AUDREY LOUIS Attorney £>r Defendant: ED SHAUGHNESSY Offense for which Dflfen^nt Convirt»w- ARSON Charging Tn?trt,nfn^; INDICTMENT Date of OflfrryfT 28.02 Penal Code 12/7/2009 Degree of (ifcrifG 2ND DEGREE FELONY PhatnOffBim; Kndfnf^ ftn DeadlyWeapon; Terms at Plea Baiffiifa. GUDLTY N/A
Plea to 1« Enhancement Paragraph: N/A Plea to3*Bnhnncement YEARS INSTITUTIONAL DIVISION, TDCJ THIS SENTENCE SHALL BUT.' CONCURRENTLY.
«-N/A £fisa±fflafeE I^fiaa: ^ —
D'siiseof^^^^
'inio Credited: to JFronj to ag^»^«"*^—t*^^^^-,—J--,r11, „„,„, irpeniB.Ht«bnMtto0,anint,nl,d<,IW)amaBt;fa^^ , , , • ' Thia cause was coiled for triaJ inWilson Q »•,Sta* , n, ^^^,lvgrnr^..n5er^^'TaM^ ^ *»<*«*t ^?^ bylu^KatrictAttorney. Defendant appeared mpersonVith Counsel. •a finiti* «,«„ 7j— 7*"«»"w»u reaciy tor trial. Defendant waived ti« r,V»,» „rZT iT • •* """^ m wnang ur open court. •Court then admonished Defendant as required by hn £^t 1f^ l*™1 b/,my•»* eatere^ t&el&a^nicated aboi nd ^f"* «» PJ«» &*ly and volunter^and waTkwa^^^ C°Urt ^tDefea^* ^aa men^^apetent to 2» ofDefendant, «ence ST"?" Hr^^^^itST^r^^ the Court pronouncedsenten^XSt£fe„,lanf *******"**°ftheTheCourtr^Sthepteaand offeoS8 faS^aboi. In the (a) Judgment Sheet P.O. BOX 12308, CAPITOLSTATION, AUSTIN, TEXAS 78711
12/5/2014 v, V;/iC: NOBLES, RANDOLPH LEE Tr. Ct. No. 10-0^-048-CRW-D WR-75,795-04 On this day, the application for 11.07 Writ of Habeas Corpus has been received and presented to the Court. Abel Acosta, Clerk
RANDOLPH LEE NOBLES ESTES UNIT - TDC # 1686000 L • ' ...; .-/ 1100 HWY. 1807 VENUS, TX 76084
SB 76084 ll-,--iHf,|-*If-H'I-'|J-lf|,-lil-l||I»lIni-|-I»-ilIl»f|,,fIl'
OFFICIAL NOTICEFROM COURT OF CRIMINAL APPEALS OFTEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN. TEXAS 78711
12/17/2014 •-''—- f---i-'Z*,.r. • NOBLES, RANDOLPH LEE Tr. Ct. No. lb-03-048-CRW-D WR-75,795-04 The Court has dismissed without written order this subsequent application for a writ of habeas corpus, TEX. CODE CRIM. PROC. Art. 11.07, Sec. 4(a)-(c). Abel Acosta, Clerk
RANDOLPH LEE NOBLES ESTES UNIT - TDC # 1686000 ._• ,"• •-, 1100 HWY. 1807 =-. ' \ VENUS, TX 76084 • ; •-•
3B -7BOS4 lll,i,l,,,,lll,lll,l,^l,ll,ll'^l,ll,l,,l'llHl"l,l,ll,lll,l!l,
(b) Edward E Shamghnessy, HI. §06B.IX)CUSTSXRJiKr SANAHTOKIO, TEXAS 7821S PHONE: (glO) 2ia.. 6700
Audrey Louis Assistant District Attorney 81st/218th 3udicial District Wilson County,, Texas 1327 Third Street Floresville, Texas 78114
Re: The State of Texas v. Randolph "Randy" Lee Nobles Cause No. 10-03-048-CRW
Tune 2, 2010
Dear Ms. Louisj
As you are surely aware ray client "Randy" Lee Nobles stands charged by way of an indictment with the offense of Arson alleged to have been committed in your jurisdiction on December 7, 2009. You might recall that his original attorney was allowed to withdraw from representing "Randy"; hence I am the second attorney on this case. Unfortunately, his prior attorney did not transfer the discovery package to me after withdrawing; hiHcTl— am presen-ely without a discovery package on "Randy's" case. I was hoping that you might be able to send me a copy of the discovery package in the enclosed envelope. I am pretty "fired up about this case and want to get to work on it while the matter is still "hot".
Sincerely yours, your obedient servant,
Edward F. Shaughnessy,\lll Attorney at Law
Cc: Randy Nobles
(c) Edward F. Shaughnessy, HI. 206 E. I£>CUST STREET SANANTONIO, TEXAS 78212 PHONE; (210) 212 - 6700
October 16,2013
Rand> Leo Nobles 1100 FM 1807 Venus, Texas 76084
DearMr. Nobles,
Ireceived your letter requesting the "transcripts" ofyour case. Ido not have "transcripts- pertaining to your case, Ido have your discovery packet. Ihave enclosed your discovery packet in its entirety. Ihope you find this information helpful.
Sincerely,
3^ Vto* . *?*' .4, l, ^hjAA.^Vr^^J • Edward F. Shaughnessy, I|I
\
(d) Edward K SliaiigSmessjj III. 206 E. LOCUST STREET SAN ANTONIO, TEXAS 78212 PHONE: (210) 212 - 6700
July 8,2014
Randolph L. Nobles "SiDrte&eotre Sanders Estes Unit 1100 HWY 1807 Venus, TX 76084-39&6"
RE: Forensic Report
Dear Mr. Nobles,
Thankyou for contactingme about your caseat hand. Ifyou will please return a letterincluding your friend's contact information aswell as provide himwiththat ofmy office 1will be happy to assist you further in your matter.
'Edward F, Shaughnesly, III I Attorney-at-Law ' \ 206 E.Locust St. . \ San Antonio, TX 78212 (210) 212-6700
(e) PRE-SENTENCE INVESTIGATION REPORT RANDOLPH LEE NOBLES CAUSE # 10-03-048-CRW • Page 5
EDUCATION
. Mr. Noblesreports he never attended high school and dropped out ofschool after completingthe seventh (7) grade in 1974. Defendantreports never attempting to obtain aGED 2hT •?Z*0*5, S eSt?Pped Ijust can tput g0ing Defendant it together". t0 sch°o1 because reports heJ« "^dn'tproblems experiencing tea** anything. learning Defendant in school and attended remedial classes. Defendant reports his desire to continue school ended so he just In preparation for ap^e-sentence-investigation, the Adult Placement Indicator would normally beadministered, however due tothe feet that defendant can notread orwrite this assessment was not administered. This instrument helps determine'the rearfinp 1^1»f«n ...m&vidual through aseries ofvocabulary and comprehension questions. The defendant actmowledged mat he cannot read or write and was not interested in any attempt
MILITARY
' Mr. Nobles reports never having served in the United States Armed Forces.
EMPLOYMENT
ni^^—rT^01* he k* faeen raewptoyed for the last six (6) months, priorto being }^£Xt£SZ^ 2009KDefendantreports severalemployers in'tSlast£%. S S t ' def^^r^°^ WOT^g^astructuralweIderforZachary Power at Calaveras • "K££?^^ Defendantreportshemovedoftenasheeasny aZS£222S£ fff1 **"* Jacksonvi11^ Korida; Engels, Mississippi and New SSnTt^^,J? d?fcndaf reports all Ms employments have been in structural welding
FINANCIAL
*2M9 DeSS J±2m: n° T^f°r Defendant reports MT*°d- no outstanding bills.Defendantta been m«»«* The defendantreports owningsince a2006DecemTer Chevy SSTm^h ^^yP^edonJoan assets. Mr. Noblesreports his driver licenseThompson' s property.since has beensuspended DefendaSpom no oto age eighteen(lT)
(f) 1 PUNISHMENT HEARING 2 (November 8, 2010)
4 THE COURT: Cause number 10-03-0048, State 5 versus Randolph Nobles. 6 MS. LOUIS: State's ready, Your Honor. 7 THE COURT: You are Randolph Lee Nobles? 8 THE DEFENDANT: Yes, ma'am. 9 THE COURT: And I think we were in court- 10 previously and I'd asked -- go ahead and be seated. I'd 11 ask for the State to please state for the court, the 12 prior proceedings in this matter. 13 MS. LOUIS: Your Honor, on July 14th 14 Mr. Nobles pled guilty to the offense of arson, a 15 se^ojid^deg^e^^ of eight years and 16 <=•«; £?5t1t»t1on of $5,772.56. On October 4th the Fourth \1 Court —we were set for sentencing and Mr. Nobles asked 18 to withdraw his plea at that time and the court reset 19 the case to review the plea and review the 20 admonishments, and we're before the court today for 21 sentencing. 22 THE COURT: Mr. Shaughnessy, does this 23 correctly state the prior proceedings? 24 MR. SHAUGHNESSY: Yes, Your Honor, the only 25 additio-ns Iwould add is that there were a couple dates (g) 1 set for sentencing that for one reason or another,
2 communication between probation and court or probation 3 and myself or for whatever reason the sentencing was 4 reset and then it had to be reset when I had to leave
5 the state for family business back in mid October. 6 But, yes, the district attorney states correctly. •7 When we left off of court in early October the court 8 requested that the court reporter transcribe the plea 9 that was entered into before this court in July of 2010 10 I believe that has been done and it speaks for itself. 11 I don't know how the court views it.
12 I believe my client's position remains the same, 13 that being he wants to withdraw his plea, get a new 14 attorney and start back over from the beginning. Could 15 I check and make sure that's correct? 16 THE COURT: Yes.
17 (attorney/client discussion) 18 MR. SHAUGHNESSY: That is correct, Your 19 Honor
20 THE COURT: So Mr. Nobles, the last- we were 21 here I did not have Mr. Turner here on that day and I 22 said I would be getting a copy of the court's -- 23 THE DEFENDANT: Yes, ma'am. 24 THE COURT: --hearing, which I have and 25 have reviewed. In the meantime somewhere about October tr .i i <
m
1 the 6th I got a --
2 THE DEFENDANT: Yes, ma'am.
3 THE COURT: --number of papers from you
4 dated July the 14th., but not mailed to me until
5 October the 6th.
6 THE DEFENDANT: Right. 7 THE COURT: And you are wanting to withdraw
8 your plea?
9 THE DEFENDANT: Yes, ma'am, please. 10 THE COURT: And state for me, sir, again
11 why you want to withdraw your plea. ' " '"• -"" ••••• —••!•• —Ml- ,.| |, II.-.I..II I- •••1111 I ' ^'
12 THE DEFENDANT: Ma'am?
13 THE COURT: State for me again why you want
14 to withdraw your plea. 15 THE DEFENDANT: He coerced me into signing 16 the papers, Your Honor, when I have evidence to show
17 that I did not burn the house down. I've got proof of 18 that.
19 THE COURT: So you're claiming your lawyer 20 coerced you into signing these papers? 21 THE DEFENDANT: Well, between him and the 22 State's attorney there, they told me -- they said take 23 four years on the truck and trailer and not what's in
24 that paper there and not have to get life in prison 25 without parole and all of this if I didn't take eight m 1 years right then. And then she says she didn't have the
2 file, the motion for discovery file, which would come in 3 and prove to you those days in October.
4 He said he did have the file. I got a letter right 5 here from him stating he did not ever have the file. 6 It's right here, Your Honor. And then the file would
7 have showed the court, if I would have had the file I
8 would have never ever signed that plea agreement for 9 nothing. And he said, you know, like it's in my best 10 interest to sign that when I come to you. He said, no,
11 yoti can' t take a plea of no -- in your best interest
12 it' s gui Ity or not gui Ity. I saic1, wel 1 , in my best
13 interest, I said it three times. And that's when I kind 14 of teared up and I said, okay, I guess I'm guilty then, 15 which I didn't want to take that. I didn't want to do 16 life in prison for something I didn't>do either. .. 17 And then I got to thi'nking, well, hell, if he would 18 have had -- if he would have had the file before, him 19 right there when we stepped up there that day we 20 probably wouldn't even be eleven months of my life in 21 this jailhouse over here. 22 THE COURT: Well, sir, here's what I have 23 to tell you -
24 MR. SHAUGHNESSY: Your Honor, before you go 25 any further there's just one thing I'd like to correct. 1 At no time did I tell Mr. Nobles he was looking at life
2 without parole.
3 THE DEFENDANT: Yes, you said --
4 MR. SHAUGHNESSY: What I told him was that
5 he was charged with a second-degree felony and then if
6 one of his prior convictions or trips to the
7 penitentiary in the state of Florida proved to be a
8 final felony conviction he could be enhanced and he
9 could face a life sentence in the state of Texas.
10 THE DEFENDANT: Your Honor, I got witnesses
11 in that room right there when he said that and -- right 12 there, and one of them in here today -- 13 THE COURT: Sir, I don't really want to 14 hear that, but what I do have to tell you--go ahead and 15 sit down--is this. You stood in front of me --
16 THE DEFENDANT: Ma'am?
17 THE COURT: You stood in front of me
1.8 THE DEFENDANT: Yes, ma'am. 19 THE COURT: I asked you how you pled. You 20 told me guilty. 21 THE DEFENDANT: Yeah, I yes
22 THE COURT: I asked you if you were 23 entering this plea of guilty and you told me you were 50 24 years old and had been to the eighth grade and you told 25 me you were entering this plea of guilty freely, 4
1 intelligently, knowingly and voluntarily 2 THE DEFENDANT: Yeah, in my best interest I 3 did
4 THE COURT: No, no, you said, "yes, ma'am." 5 I asked you, "Has anyone threatened you or promised you 6 anything to get you to enter this plea?" You said, 7 "No." And I asked if you were pleading guilty because 8 you were guilty and for no other reason. You said, "I'm 9 not guilty but, yes, ma'am, in my best interest, yes." 10 And I told you, "no, I can't take that
11 THE DEFENDANT: Right. 12 THE COURT: And you said, "Yes, ma'am, 13 I'm --" and I said, "Are you pleading guilty because you 14 are guilty and for no other reason?" And you said, "I'm 15 guilty."
16 THE DEFENDANT: Yeah, but --
17 THE COURT: And then I asked you if all the 18 allegations in the indictment were the truth and you 19 told me, "No, they're not true, but I signed that 20 paper." --
21 THE DEFENDANT: Right. 22 THE COURT: And I said, "I'm not taking 23 that. That won't cut it. I will not take that." And 24 you said, after your attorney said you need to answer 25 one way or the other, let her know what you want to do 1 And you said, "Would you mind repeating it?" I said, 2 •'Are those allegations contained in the indictment true 3 and correct?" And you said, "Yes, ma'am." 4 THE DEFENDANT: That's correct.
5 THE COURT: And then you went on to tell me 6 that you were completely satisfied with the work that 7 your attorney had done for you on the on case. 8 THE DEFENDANT: Well, what else are you
9 going to say, you know? 10 THE COURT: I do not know, but I know this. . 11 I did not coerce you in any way.
12 THE DEFENDANT: No, ma'am, you didn't. 13 THE COURT: I simply asked you to be 14 straight and honest with me.
15 THE DEFENDANT: Yes, ma'am.
16 THE COURT: And I determined that your
17 plea was freely, voluntarily, intelligently and 18 knowingly made.
19 THE DEFENDANT: Yes, ma'am. May I say
20 something?
21 THE COURT: And that's my determination
22 THE DEFENDANT: Okay. See, he hadn't ever
23 even had the file before. I just got it myself three 24 weeks ago where it clearly shows that I wasn't anywhere 25 around the house when it burned down. '•yv»*--•—. •-•'-tnr @
1 THE COURT: So as far as allowing you to
2 withdraw your plea
3 THE DEFENDANT: Yes, ma'am.
4 THE COURT: --I'm not allowing that and
5 we're going forward. Are y'all ready to proceed? 6 MR. SHAUGHNESSY: Yes, Your Honor.
7 MS. LOUIS: State is.
8 THE DEFENDANT: That ain't right.
9 THE COURT: The court has previously
10 ordered a presentence investigation report. Have the 11 State and the defense had an opportunity to review it?
12 MS. LOUIS: The State's reviewed the
13 report, Your Honor, and we have no objection. 14 MR. SHAUGHNESSY: No objections, Your
15 Honor. We've had an opportunity to review it and we
16 received it in roughly the third week of September.
17 THE COURT: the court will consider it. 18 Does the State have further testimony for the court's
19 consideration?
20 MS. LOUIS: Not at this time, Your Honor.
21 THE COURT: Does the defense have testimony
22 for the consideration of the court.
23 MR. SHAUGHNESSY: No, Your Honor. We would
24 like to emphasize certain things in the PSI. 25 THE COURT: I wi11 consider your arguments ^^s.
ftiir-. STATE FIRE MARSHAL'S OFFICE INVESTIGATION REPORT TEXAS DEPARTMENT OP INSURANCE
SENSITIVE
Case# 10-127-12 Investigator;' Dean Shirley Date ofReport: 2/26/10 Case Report Narrative
On December 9, 2009 A Warrant of Arrest of Randolph Lee Nobles was issued by Justice of the Peace Ernest Devora, Precinct 1,Wilson County for the charge of Theft >$500 <$1500. On December 11, 2009 a Warrant of Arrest of Randolph Lee Nobles was issued by Justice of the Peace Richard Jackson, Precinct 4, Wilson County, Texas for the charge of Arson on a complaint by Wilson County Sheriffs Office Investigator Carlos Garza that included Information from an interview of Nobles by Investigator Garza in whichT?ob"fes admits starting the fire using lighter fluid in the fireplace and then leaving the residence. The information includes that there were threats by Nobles to burn the house.
On March 3, 2010, the Wilson County Grand Jury.indicted Randolph Lee Nobles on two counts of Arson.
BCASE STATUS =======_=======s This case remains ACTIVE,
Page 7
Form REP2, rev 5/26/04 (h) 1 of 3 pages f> •& •8'f. . STATE FIRE MARSHAL'S OFFICE INVESTIGATION REPORT TEXAS DEPARTMENT OF INSURANCE
Case# 10-127-12 Investigator; • . Dean Shirley Date of Report: 2/26/10 Case Report Narrative
CANINE EXAMINATION
DSFM Pleasant searched the scene for Indications of ignitable liquids with Canine Tess. See K-9 Report included in this case file. Tess made three indications. The first was on the ground under the area of the living room at the west end. The second was in the hallway leading to the living room from the family room. The third was in the family room near the end ofthe sectional sofa.
I EVIDENCE Evidence Soil Evidence # 1 Date/ Time 12/10/2009 Address 133 Spring Valley, Adkins, Tx Location Ground under east side of formal living room By: T. Pleasant Canine Tess Note: Submitted to Arson Lab with Negative results Evidence Carpet Pad, Carpet, Fire Debris Evidence # 2 Date/ Time 12/10/2009 Address 133 Spring Valley, Adkins, Tx Location. .Hallway, at South Bedroom By: T. Pleasant Canine •Tess Note: Submitted to Arson Lab with Negative Results Evidence Carpet Pad, Carpet, Fire Debris evidence # 3 Date/ Time 12/10/2009 Address 133 Spring Valley, Adkins, Tx Location Family/Living room at Dining room entry By: T. Pleasant Canine Tess Note: Submitted to Arson Lab with Negative results
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Form REP2, rev 5/26/04 (h) 2 of 3 pages UX £1. JL AU X'-B.-ILVJQ LYXfTXje^yjLJLjra.M-J ij v/Jf JL' XV«»JC* INVESTIGATION REPORT TEXAS DEPARTMENT OF INSURANCE
Case # 10-127-12 Priority 2 Investigator Dean Shirley Status Active Day of Fire | Monday Date of Fire 12/07/09 Time of Fire 9:27 PM Cause of Fire Incendiary Date of Request 12/08/09 Date Case Assigned | 12/09/09 Date of Investigation 12/10/09 City of Fire | Adkins County of Fire | Wilson Location of Fire [ 133 Spring Valley Type of Fire Investigation | Mobile Home Injuries j No Deaths No
OWNER Full Name | Joan PolanThompson Phone # Address I 133 Spring Valley, Adkins, Texas78101 Race White Other Sex Female Age 55 Date of Birth 04/13/54 Social Security #-4-459.02-7887- -Driver's License # 6251676? Insurance [Yes I Insurance Company Name I American Modem (865) 380-2220 Policy # 0360045418994 Effective Dates 07/20/05 To 07/20/10 Amount of Policy; | Structures 84000 Contents $ 42500 Adjusters Name Joe Castillo - Homefirst Agency Adjusters Phone # 512-698-1974 Agents Name Agents Phone # Agents Address
OCCUPANT Full Name Same as above Phone # Address Race Other Sex Age. Date of Birth Social Security # Driver's License # Insurance No Insurance Company Name Policy # Effective Dates To Amount of Policy; | Structures Contents S Adjusters Name Adjusters Phone # Agents Name Agents Phone # Agents Address
l£l DISCOVERED U REPORTED FIRE" Full Name Joni Johnson Phone # 8302174463 Address | 132 Spring Valley, Adkins, Tx 78101 Race Other Sex Age Date of Birth Social Security # Driver's License #
REQ-UESTQR- Full Name | EdwinBaker,Wilson CountyFire Marshal Phone# 830-391-1713 Address Race Other Sex Age Date of Birth Social Security # Driver's License #
MOTOR VEHICLE Type of Vehicle Year Make Model Vehicle Use Color VJ.N. # L.P.#
OTHER INFORMATION Other Investigating Agencies I Wilson County S. O. Carlos Garza Responding Fire Departments | Kicaster VFD, La Vemis VFD, Eagle Creek VFD, Stockdale VFD Weather Conditions cool and clear Wind Direction NortheasfTo Southwest Velocity j 0-5 mph ADMINISTRATIVE SECTION Arson Lab Utilized Yes Smoke Detectors Present Yes K-9 Utilized Yes Approved By Date
FormREPl,Rev 8/2/04 (H)3 of3 pages . 'KVilson County News -Section A: General News -Grand jury indicts former investigator f
Grand jury indicts former investigator William J. Glbbs Jr. Wilson County News May 18, 2010
Cari!s°D t-anos v,CSS^l^*?"™** tW° S^arlte barza. Tbe Indictments were among ™'cbytments 27 returned against the grand juryformer Wilson County Sheriff's Office Investigator May 14.
that occSJrefonlJabo^rrh S91"^^'^..6^,3359^ and. one count of offldal oppression stemming from an incident lna%n?prj2e Sarch '"* 3Ctln9 Under the color of h,s emP'°yment, allegedly subjected afemale to an I^ooerS^SSih^ C'aS^ Ami?d5m,ean°'V Punishable by up to one year In jail and afine of up to $4,000.
^^S^S^S^f1"07^' reSigned h,s P°s,t,on foI,owln9 hls »"• ™arrest At that time, he was an 32SSXS&5?!Sa^^ °f C,V" ri9htS' re'ated t0 Ga-'S a»^d Performance of Since thatarrest, Garza was free on$50,000 bond.
2£$i!^^ Ehat»more/Wi,son County sheriffJoe D-Tack,tt 3r-sa,d May14- "K's na**w** ark» SSK£X* P?t°4 2ns?S^WtffSSKS£?W through the ranks to become an InvesOgator. ^ 9S P°'iCe°r?Ce ^ *' 1994' DePartment' Gara'asWadeputy was hired ho formeriV worked and rose mS pla^o^^^ and Education, Garza became certified in 2008 as a during his nearly 23-year career Cldents a,,e9ed by the char9es' tnere was no record of disciplinary action against Garza Officiate confirmed ttat^^^fer^ from ^ ^ ^ ^ ^ ^ ^
(i) 1 of 3 pages Wilson County News -Section A: General News -Former investigator to spend next four years behind bars it
Section A: General News
Former investigator to spend next four years behind bars William J. Gibbs Jr. Wilson County News September 14, 2011 444 views
I!0'!31™*' former WllsonLSTrily TO?fi!e •r^tD:fUmM OfficeaCareer of fightlng Investigator crimeand will spend he,Pln9 the next to Putcriminals four years on the otherbehind side ofbare. the No bS following his Sept. 6pleas of guilty to two counts of Improper sexual activity with aperson in custody Court records indicate that Garza?accepted the plea deal prior to jury selection. After beina sentenced bv J Donna Rayes of the 81st Judicial District, he was transported to theTwilson^CountyJaf. There heSiawai transfer to a state Jail by theTexas Department ofCriminal Justice. ' District Attorney Rene Pefia of the 81st Judicial District said Garza will be required to serve "dav for dav" o two-year conserve sentences. He will no longer be allowed to serve as apea«TofflleTpefTa LSI. *S~Hn° ?Ver *? C°^e of 15 years attne wl,son Countv Sheriffs Office, rose through the ranks to be. JailXedS2££S3 2°?°' imnmnTl ,fii 1?1P rtirmed an ,naPP«»Pri«te """^l"9 h'search, S arreStresulting Th,s wasin afterafemale '"Sea his being charged with onehecount Wisonec oT^ePp,eaS! *"*" "^^ '" CUSt°dy a"d 0fficial °Ppresslon- ^ ,atter «SS^3S£S rQSu°„fd!!f1?!!fd Were tW01<*af9es of sexual assault, which avictim alleged occurred in 2004 and 2005 and Former investigator to spend next four years behind bars "We visited with each victim/ Pefia said. "They felt that justice was done, given their circumstances The district attorney said that by going with aplea dea. Instead of atrial, it saved the victims from having to testify In open court. "We didn't want to victimize these .victims again," Pefta said.
Copyright ©2011 Wilson County Mews. All rights reserved. Web development by Drewa Designs. Wilson County News - Section A: General News - Defendants getnew court dates-
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Section A: General News : : Defendants get new court dates William J. Glbbs Jr. Wilson County News October 19,2010 | 866 views Sentendng for 50-year-olo_^^g«oBi^ho-in July pled guilty to one count ofarson, is now set for Nov. 8, according to court records. Judge Stella Saxon of the 218th District« was initially set to sentence him Oct iz. H^ Nobles was charged with arson for his admitted rote in aDec. 7, 2009, fire thatdestroyed amobile home on"Sprlng Valley Drive in Kicaster. Also rescheduled is the trial ofJesse EHseo Barhlght, 34, ofSeguin, charged with two counts ofintoxication manslaughter with amotor vehicle for the Sept.13, 2009, deaths ofSimon ar 03 ^^S^%o^mJ»^Sn forXial, whlchTas'initially set to begin Oct 25, has been rescheduled for Dec. 13. Barhlghts next scheduled, court appearance is for ado O call Nov. 23, according to court records. n Following the same schedule is Brian Q. Hernandez, 30, of Corpus ChrisB. He is charged with two counts ofaggravated assault causing serious bodily injury to afamily member for his all —' rote In the Aug. 28, 2009, shootings ofhis estranged wife and her father In Sutherland Springs. . ______ T3
ro ^^^Ome^^^^i^^^^^^'^^^^^^^^'a person '" aa^lrofarnja^ tn » * — -, ^b,—.-, ._ _ i --___«——•_^__^_a_^——g—«»™"™—»'"^»s*=~**,',~~—''—ll~* Stilt set for jury selection Oct 25 is Hector Esqueda, 23, ofSan Antonio, charged with three counts of intoxication manslaughtertor hisallegedI rote in aJune 7, 2009, crash on U.S. 181! of Poth. The crash claimed the lives ofhis three passengers, Prisdila Montoya, 20; Orlando Brown, 18; and Kara Denkewalter, 20, a« ofSan Antonio.
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o . . o . K •»•»
Court of Criminal Appeals of Texas
January ______> 2015
To each of the judges who sit on the Court of Criminal Appeals:
I am Randolph Lee Nobles, TDCJ-MTC No. 01686000. I would like to express my thank to the judges; I thank each and every one of you for taking the time to look at the habeas corpus writs and the Petitioner for Discretionary Review. I do not know how to read or write, and I must rely on the paralegals and writ writers to do all the reading and stuff for me. I can only imagine how hard it must/be for each and every one of you to have to sit and read each one of these writs, day in and day out, and to make the decisions on people's lives. Thank you so much for the things that you do for me as well as the other inmates that are in the prison system. Once again,, thank you so much for the things you do. God bless each and every one of you.
W. d£« V^t^W Randolph Lee Nobles