Orona, Alejandro

CourtCourt of Appeals of Texas
DecidedJanuary 2, 2015
DocketWR-77,613-02
StatusPublished

This text of Orona, Alejandro (Orona, Alejandro) is published on Counsel Stack Legal Research, covering Court of Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Orona, Alejandro, (Tex. Ct. App. 2015).

Opinion

11 bB-o~ /

RECEIVED IN wRIT No. Wk'-17 lol3 -o2. COURT OF CRIMINAL APPEALS 1

EX PARTE IN THE TEXAS 'JAN 03 2015 COURT OF

ALEJANDRO ORONA CRIMINAL APPE~~~~ Acosta, Clerk

MOTION FOR EVIDENTIARY HEARING

Comes Now Alejandro Orona, the Applicant, pro se and respect-

fully moves this Honorable Court for evidentiary hearing pursuant

to T.c.c.P. art. 11.07 Sec 3.(d), governing T.c.c.P. art. 11.07

proceedings. Applicant filed his 11.07 application and moved

for evidentiary hearing and the District Court denied. Due

Process affords a habeas corpus petitioner the right to a fair

opportunity in state court to discover and present potentially

exculpatory evidence that was not contained in the record on

direct appeal. see District Attorney's Office v. Osbourne,557

u.s. 52(2009). In Ex parte Franklin,72 s.w. 3d 67l(Tx.cr.App.2002), the

Texas Court of Criminal Appeals held that, before a habeas

petitioner is entitled to a hearing, the applicant must make

a claim that, if true, establishes .affirmative evidence of

his innocence. Then, at the hearing, the trial judge assesses

the witnesses credibility, examines the "newly discovered ev-

idence,~ and determines whether that "new" evidence, when bal- anced against the "old'' inculpatory evidence, unquestionably

This do.cument contains some pages that are of poor quality at the time of imaging.

1 establishes the applicant's innocence. Id.

In denying the applicant's application for a writ of habeas

corpus the court failed t6 hold a hearing. The newly discovered

evidence was affidavits from eye witnesses who have seen Scott

Sartain alive and well since the state alleged that applicant

had murdered him. Applicant has in fact made ~ claim that if

true, establishes affirmative evidence of his innocence. The

trial courts findings are unsupported by sufficient evidence,

see Wiggins v. Smith,539 u.s. 510(2003), and the process em-

played by the trial court was. defective. see Valdez v. Cockrell,

274 ~.3d 941(5th Cir.2001). The court did not hold a live hear-

ing to Judge witness credibility and their certainty of iden-

tification. Also Applicant did not file a substantive innocence

claim, but a procedural one. The trial court· .ut material issues

of fact in dispute.

WHEREFORE, premises considered, Alejandro arona, the app-

licant respectfully moves for appointment of counsel and an

evidentiary hearing. This court has ordered evidentiary hearing

in cases with ~imilar circumstances to see that justice is

served.

Respectfully submitted,

~~rfhm"i ALE ANDRO ORONA, PRO SE TDCJ-ID# 1573738 Telford unit 3899 Stat~ Hwy 98 New Boston, Tx 75570

2 CERTIFICATE OF SERVICE

The undersigned hereby c~rtifies that a copy of the fore-

going was mailed, postage prepaid, this 20+1? day of Occ.cm!:xc 2014, to Joe Shannon,JR., District Attorney, Tarrant County,

Texas, Tim Curry·criminal Justice Center, 401 w. Belknap, Fort

Worth, Tx 76196-0201.

3 EXHIBIT rr ~-·,- 1 i AFFIDAVIT

Before me, the undersigned notary, on the 18th day of August 2014, personally appeared Eddie Frankum (Affiant), a person whose identity is known to me. After I administered the below listed oath to the Affiant, upon his oath, he said:

My name is Eddie Frankum and I have no legal disabilities preventing me from making this affidavit. My address is 4230 LBJ Freeway, #330, Dallas, TX 75244 and my phone number is 214-638-0345. I have never been convicted of a felony or a crime of moral turpitude. I am over the age of 21 and I have personal knowledge of all statements contained in this affidavit.

Since December 2005, I have been employed as the President/Owner of HALO Protection Services, Inc. (HALO), a licensed private investigations firm that specializes in criminal d~fense and po~t-conyiction prilllinal investigations as well as Voir Dire/trial support~ Civil rights violations and police·procedure/ and accountability cases. HALo,a Texas CorJ)o:ra;tioriiq good standing, i~ licensed· through the Texas Dep~mfmt of Public Safety and ·our license number is A13359.

I first became licensed as a .Texas Peac~ Officer through the Texas. Cominission on Law' Enforceine;nt Officer ~~dards and Education (tC~EO~E) in 1996. I hold the Basic. Intermediate and' Advailce.d Texas Peace Officer's . · ' as Certifications. well ~s the Instructor and F.irearins Instruct~r Certifications~ ~ll issued by TCLEOSE and I have completed.appro~imately 1,900 hotirs of TCLEOSE approved.law enforcement training· credits. • ,,, l -.

I have attended Eastfield and Rio Salado Community Colleges (Law Enforcement Technoiogy) and I graduat~d the Bill Blackwood Law · from. EnforceJl1ent Management Institute ofTe~as (Sam H~mston State University). . ' . ' . '

• • ; • '. • • . r , • • • • •- 1 : '" . . . , . -.. .: J , ; ' • ' • ~ • '•

My career in l~w eriforcernent.,inch1ded assignments a,s Police Qfficer in the Patrol Division, Sergeant in the Patrol Division,'Lieutenant in.Patror and Internal· Affairs Divisions, Capt~n in the Internal Affairs Division and fina}\y Chief of Police. · ·: ·- ·· · · · ·· ·· · . ' . .. ·~ ·' . . ; ... .~- .. j_

. As a Police Officer whi~e assigned to the Patrol Division I. wa; ~~i~e

·' PageiorS •i AFFIDAVIT

My duties as a Lieutenant and Captain in the Internal Affairs Division were to investigate allegations of police misconduct and/or complaints made by citizens or other police officer against police officers.

While performing my duties as a law enforcement officer I have been involved in many on-duty use of force and deadly force situations including an incident in which I was forced to use deadly force against an actor by shooting the actor with my firearm in order to protect third persons from the actor's threat of d~adly force.

A great deal of my efforts while serving as· a Chief of Police was working with the Mayor and City Council members. I was charged with assessing the strategic needs of the entire police department and directing our resources towards meeting those needs. I was responsible for:a pro~arn thatreviewed~q.di:t;ec~ed specific law enforcement goal~ and' emp·~oyees for. p'fpdu,ctiy~ty arid use ' '• • ~ _ 1 ,._ ~. I_' ·..- ' • • ,'~ • , ' , or··::': . -·· .. I, o ', , , · • .:

resources.

I developed, published, implemented and eqsured compliapce.with department policy~ procedures and tra~irig ~d I ovei:~~w spedaiized .diyisions such as DWI enforcement, Investigations, InteJ.!la~.Affairs~ property sei¥e·s, ~aw · enforcement officer hiring and field 'training:: 'I ·. . . . . : ' , -._ .. : , .. , '•' , . · . . . •. . . .. . ' '.. . ~ ' ',_ '. ·. ' . . .

In my law enforcement career and as a Private Criminal Investigator I have worked countless high level felony cases inclq4ing: Capital M4fder (life and d~ath penalty),.Murder, IntoxicateO,M~sfa~gp.t~r ~d>\ss~~lt; Aggravated-Assault, .. Aggravated. Sexu·ar Assault, Aggrayated iGdiuipping~· Aggravated R9bbery, Iiljury to Child, B-urglary~. Theft,' Aggravated.Perjiliy, Possessio~anufactwing/Delivecy of Controlled Substanc~s, ; Engaging in .Orgapized Cri~in~fActi:vity, pffidar· Oppression, Terroristic Threat, DWi;:rvia.ny-Misdemeanor level'ca.Sesas well as Clemency related cases. , I ; _ _ . I ' ' , , ~ ,.

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