1% 1^5-0^
IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02
6/18/15
Abel Acosta Clerk ofThe Cn, ,RT nlSK0 m Texas Court ofCriminal Appeals C°URT °F CR,MINAL APPEALS 201 W. 14th Street ,,,,, .. Austin, Texas 78701 JM 18 ^015 Nema Bardin 45@f ^gOSfa, Cterk P O Box 772 ' wrK Austin, Texas 78767 512-487-0197 bardinnema(a),vahoo.com
RE: WR-78,16>5-02 Chadrick B. Pate Supplements to the Record missing on The Texas Court of Criminal Appeals Website under Case Mail. (Contact with the Court on Emergency Proceedings)
Deac Mc. A-oista.,
This letter is a communication to you and to The Justices pursuant to TRAP 9.6 and is filed along with the second filing of copies of supplements to the Writ filed originally on 6/9/15 and 6/11/15 that may or may not be lost in the Clerk's file.
1 am the Petitioner in the above referenced Writ.
I have requested from the date of the first filing of the Original Writ on 5/19/15 and throughout these filings that the Writ be considered on an Emergency Basis. I provided good cause for the request in that the underlying Judgment A-08-5080-4CR in this Cause is Void and my son has been illegally imprisoned under this Void Judgment for more than 7 years now. I request again, in the interest of Justice and the: Miscarriage of Justice already done that the Proceedings be managed as an Emergency and.in.a,eYJjsdient manner.
I notified you first on 6/17/2015 via email and then by phone that same day, that the supplements filed or iftn? catcsc catrcfcr tftc dates <ff6i'9i'iS and 6i'l h'15 had mi been viewable <m the Texas C<mct &f Criminal Appeals sincethe 16th of June 2015.
1 checked aga'nn throughout mis day starting at Vam. It is now "1 pm, and these documents are stiii nol viewable.
These documents were all viewable prior to 6/16/15.
Youtook the titme yesterday to try and locate the documents, but were unsuccessful. You advised me to check the website again today.
(1)
Because these Supplements to the Original and Amended Writ are "time sensitive" in that there is included in the se documents an Emergency Motion for Leave to File",and because the documents were
not located viai your search yesterday, I am delivering in person copies of all ofthe documents that I filed on 6/9/15 and 6/11/15. All ofthese documents were already delivered via U.S. Postal Mail to all the parties in tMs cause. (There was also an Emergency Motion for Bail Relief filed on 6/2/15 that has had no action taken)
1am requestinig that the Original Writ and the Amended Writ filed on 6/2/15 that is incorporated into the Original Writ filed 5/19/15 along with the copies that I am resubmitting here today and all other documents in this cause be given Preferential Treatment in the Courts Scheduling in accordance with TRAP 43.6 (The Court may make any other appropriate order) and Tex. Govt. Code 21.001 (b) (A Court shalll require that proceedings be conducted with dignity and in an orderly and expeditious, manner and control the proceedings .so that Justice jnay be done.
1am aware thait because I am a pro se litigant that my pleadings/ filings may have not all have been skffft kr$ +&& -inm-eiX prattd'area, tg> \ ?em wja-cJwctotei iTi*&» tew, ?a*& ¥aw% V/asl to frgore Wre&t; +<&ffigs -wcA. as I go I have corrected the things that I learned that I had incorrectly filed and refiled them accordingly, anid have done my best. There have been 4 defense attorneys in this matter that could not "get it right'' f am doing the filings myseft" because "Tcare" and* while emotional'to the cause, f am also aware of the INJUSTICE done to my son.
I have provided documents from the trial court records that prove that the Judgment is Voidand that my son is illegally imprisoned. It is my opinion that based on these trial court records that The State and allparties to this Cause have waived their right to offer any response, and that this Court has the inherent poweir to Rule and provide Relief to my son based on the trial court documents provided, The Statement of Facts, and My Sworn Statements.
I know that I have made mistakes in the filings but that is because I am not a lawyer . Lawyers study for years, and still do not apply the procedures or laws properly. I witnessed this in my son's trial and watched 4 different lawyers and 3 prosecutors fail to follow procedure.
This Court has; opined that" Constitutional Rights are Superior to procedural rules and procedural rules must yield to tJhe, Superior rights, ntavided by me,Canstibjtiaa,. Alsa in TRAP vjle, 8.3 (K A judgment shall not be affirmed or reversed or an appeal dismissed for defects or irregularities in appellate procedure either of Form or Substance.
Please provide whatever and all releif requested in the filings that I have submitted starting on 5/19/15 through this daite as expediously as is possible for this Honorable Court.
<ctfully, ]
a\Bardir
(2)
IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02
CERTIFICATE OF SERVICE
I do hereby certify that a true and original of the above and foregoing LETTER to Clerk of the Court and Th e Court/Justices was personally delivered to the Clerk of the Court Texas Criminal Court ofAppeals on the 18th day of June, 2015 at 201 West 14th St. Austin, Texas 78701 and
sent regular mail to
The Aransas County District Attorney 301 North Live Oak Street Rockport, Texas 78382
Judge Janna K. Whately
P O Box 700 Sinton, Texas
Texas Department of Criminal Justice 201 West 14th St 5th Floor Austin, Texas 78701
IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02
CERTIFICATE OF SERVICE
I do hereby certify that a true and original of the above and foregoing LETTER to Clerk of the Court and The Court/Justices and copies of all supplements fded on 6/9/15 and 6/11/15 to Writ WR-78,165-02
was personadly delivered to the Clerk of the Court Texas Criminal Court of Appeals on the 18th day of June, 2015 at 201 West 14,h St. Austin, Texas 78701
IN THE TEXAS COURT OF CRIMINAL APPEALS WR-78,165-02
TABLE OF CONTENTS
TABLE OF CONTENTS
LETTER TO CLERK AND JUSTICES/COURT
6/9>/15 COPIES OF SUPPLEMENTS TO THE RECORD THAT INCLUDE
EMERGENCY MOTION FOR LEAVE TO FILE
SUP PLEMENT TO ORIGINAL AND AMENDED WRIT ADDING PARTIES
AND
6/11/15 COPIES OF SUPPLEMTNS TO THE RECORD THAT INCLUDE
COMPLETED AND SIGNED CERTIFICATE OF SERVICE ORGINALLY FILED 6/2/15 BUT NOT SIGNED FOR THE AMENDED EMERGENCY WRIT OF HABEAS CORPUS
REFILED EXHIBITS # 15 AND #20 TO ORIGINAL AND AMENDED WRITS
COMPLET ED SIGNED AND NOTARIZED OATH ORIGINALLY FILED 6/2/15 BUT NOT SIGNED OR NOTARIZED FOR THE AMENDED EMERGECNY WRIT OF HABEAS CORPUS whirs
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE
Oaa& t fIfe'lsamS kistiiiiiii,
201 West 14* Street
Nema Bardin PQ£ox772 AanssBikii, Tesas 1 W
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE NEMABARDIN P.O. BOX 772 xosma;Ti!niiAV7sw? 512-487-01SJ7 bardiimem:a(.a)yahoo.com
EX PARTE: FROM CAUSE NO. A-08-5080-4CR CHADRICK: B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS.
3ANNA*. WRATELV TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAIL JUSTICE
SIPPLE^M^WT TOORIGINAL sadA9IENDE&E»lESGENC¥ HABEAS CORPUS PROCEEDINGS IN WS-7& -1&4Q CBARRICKR PATE
COVER SHEET
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE NEMA BA1R DIN P.O. BOX 77 2 AUSTIN, TEXAS 78767 512-487-0197 bardinnemia@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
vs..
JANNAK. YVHATELY TRIAL JUDGE STATE OIF TEXAS DHtECTCJR. OFTEXASTJEFT. CRIMINAL JUSTICE
WR-78.-165-02 CHADRICK B. PATE
TO THE HONORABLE JUDGE OF SAID COURT:
Now Comes, P'et itioner Nema Bardin pro se on behalf ofApplicant Chadrick B. Pate and respectfully submits this supplementto itft e Qhginaf antf Amendea'EmergencyM6eas Corpus tfiThgs in WR- T6, i<ff-$2Cnabhcft S. Pate.
The supplement is broughtto add all named parties identified above and in the list that follows.
JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL JUSTICE
Petitioner is unischooled in the proper procedures of the Honorable Court and while she is not sure she has interpreted 'toftTctaat'wmsih'y 'rcn'teftTires -eft yervaxnt^'Bi tbiisvmkwR,?; tfi vatftRni, ,&it'rtaipti&&&{ty TeqcftSivB,>ft^.t/afi*is> •iWcra'Trw to add the partiies; in order that she does not abuse any procedures that would require the dismissal of the Writ for her failures. The A pplicant deserves relief as he has been incarcerated for more than 7 years pursuant to an illegal
Court, and for "th e Officer's of the Court Tampering with the Government/Court Record, in Cause A-08-5080-4CR Chadrick B. Parte:, from the 36th Judaical District Court, Aransas County Texas.
Respectfully Submitted,
Nema Bardin Petitioner pro se of IN' THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS § WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of Criminal Appeals Austin, Texas 201 West 14th Street Austin, Texas 78701
Nema Bardin PO Box 772 Austin, Texas; 78767 512-487-0197 bardinnemafg).'.vahoo. com
Re: Supplement To Original and Amended Emergency Habeas Corpus Proceedings inWR-78,-165-02 Chadrick B. F'aite
Dear Mr. Acosta,
Please find eniclosed " Supplement To Original andAmended Emergency Habeas Corpus Proceedings
that adds partiesto the Writ and provides a Certificate of Service to all parties added to the previously filled documents referenced above. It was a failure/oversight that I did not serve the parties, as I was,•unsure of the otoner procedure calling,for service to these parties. Please file this Supplement
under WR-78,165-02 immediately. All parties listed in the Supplement have now been served(See
enclosed Certiificate of Service).
Th
rP OBox 77^ Austin, Texas 78767
bardinnema@vahoo.com
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE NEMA BAJR DIN P.O. BOX 772 ATmTNfOr&A"57S767 512-487-0197 bardinnema@yahoo.com
EX PARTSE FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLlCAWf TIEALTOR TOSTR1CT ARANSAS COUNT*,TEXAS
VS..
JANMLK. WHATELVTRIAL JU&GE STATE OF TEXAS OfRECmm OF TEXAS OEPT. CnSMffiULL, SUS.TKX.
SUPPLEMIENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN WR-ML-MOM- C&*DR1CX M PATE
TABLE OF CONTENTS
LETTER TO CLERK
COVER SHEET
SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN
WR-78.-165-02 CHADRICK B. PATE
LETTER TO CLERK REQUESTING ( ADD CERTIIFCATE OF SERVICE DOCUMENT TO ORIGINAL
HABEAS FILED JUNE 02.2015
CERTIFICATE OF SERVICE ON SUPPLEMENT TO ORIGINAL AND AMENDED EMERGENCY
HABEAS CORPUS
v$*
N THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of Criminal Appeals Austin, Texas 201 West 14th Street Austin, Texas 78701
Nema Bardin P O Box 772: Austin, Texas 78767
bardinnema(£j),yahoo.com
Re:WR-78,l 65-02 CHADRICK B. PATE Certificate of Service serving allparties added to Writ Proceedings 'WR-78,165-02.
Dear Mr... Accusta,
Please file the enclosed Certificate of Service with the Writ WR-78,165-02 filed on June 02,2015 .
\-q-zoiS
l.
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE NEMA BAR DIN P.O. BOX772
bardinnemia@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRIC K; B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS.
JANNA K.. VVHATELY TRIAL JUDGE STATE OF TTEXAS 0iR£X7WfBL GTTWXAS(y£¥T. CRIMINAL, JUSTICE
CERTIFICATE OF SERVICE
I do hereby ceirtilfy thata true copy of the following instruments Writ of Habeas Corpus WR-78,165-02, and 4mena&a-'£merg;ency $"ftt offiao'easCorpus were sentregular maii'to trie r6ilowing parties rrtat'riave rieen aaaea'tO :hese Original )H;abeas Corpus Proceedings. The copies were mailed onth'is 9,h day ofJune with proper postage affixed to same.
Aransas County DistrictCterk's Office Pam Heard
301 NorjtrLive Oak RockpoXTexas 78382
Office of the Aransas County District Attorney 301 North Live Oak Street Rockport, Texas 78382
Jana K. Whately Trial Judge P O Box 700
Sinton, Texas 78797
Texas Department of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14* Street 5th FloorPriceDaniel Bldg.
Austin, Texas 78701
512-463-0988
?
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIO NER PRO SE
P.O. BOX 772 AUSTIN, TEXAS 78767
bardinneima@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
5ANN AK. WHATELY TMAL JVJBGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRTMTNAJL JTTSTTCE
CERTIFICATE OF SERVICE
SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS
.IN WR-78,165-02 CHADRICK B. PATE
I do hereby certify that a true copy of the above and foregoing "Supplement To Original Habeas Corpus Proceedings'1' were mailed rejular mail with thej>roj3erj>osta.ge affixed onthis 9th day of June 2015 to the following parties,
Aransas County District Clerk's Office Pam Heard
301 North Live Oak Rockport, Texas 78382
State of Texas
Office of the Aransas County District Attorney 301 North Live Oak Street Rockport, Texas 78382
Jana K. Whately Trial Judge P 0 Box 700
Sinton, Texas 78797
1..
r'
CERTIFICATE OF SERVICE CONTINUED
Texas Department of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14th Street
5th Floor Price Daniel Bldg.
Austin, Texas 78701
512-463-9988
I do hereby certify that a true and original of the above and foregoing "Supplement To Original and Amended Emergency Habeas Corpus Proceedings" was personally hand deliveredby me to the Clerk of The Texas*. Court of Criminal Appeals at 201 West 14th Street Austin. Texas 78701,. on the 9th day of June, 2015
Nema Bardin Petitioner
2.
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of Tin e Texas Court of CriminalAppeals Austin, Texas 201 West -14"' Street Austin,.Texas 78701
Nema Bar-dim POBoxTVD Austin, lex as 78767 512-487-0197 VdTAiTmenriatlQ^tJiiotj.-ctfffi
Re: "Emsmnetac/j' Motion farLeave J&» Fite" J» /KmfousJy Skid OqpiiaaJ .andAmended Exoea&sacy Habeas Coqpu >Writ No. WR-78\fo'5-t72
'i>iuOvr>r..^c-fsts,ta»,
Please find enclosed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc
NimpBaird in fetraoner P OBm 772, Austin. Te:x;af> 78767 512-487-0H97
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
P.O. BOX 772 AUSTIN, TEXAS 78767
bardinneiisa@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS
VS..
STATE 0«F TEXAS DIRECTOR OF TEXAS DEPT. CRTMTM AL JUSTICE
TABLE OF CONTENTS
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR.
TABLE OF CONTENTS 2 pages
LETTER TO CLERK OF THE COURT 1 page
COVER SHEET 1 page
EMERGENCY MOTION FOR LEAVE TO FILE 4 pages
JURISDICTION PAGE 2?3
PROCEDURAL HISTORY PAGE 2
REASON TO FILE AS EMERGENCY PAGE 3
ADEQUATE REMEDY PAGE 3
1.
*
TABLE OF CONTENTS CONTINUED PAGE 2
CONCLUSTION PAGE 4
PRAYER PAGE 4
PROPROSED ORDER 1 page
CERTIFICATE OF SERVICE 2 pages
PETITIONER'S OATH 1 page
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of Criminal Appeals Austin, Texas 20J WestJ 4'1" Street Austin, Texas 78701
Nemo- Bfl-rd-^K- P O Box 772 Austin, Texas 78767
bardirutema(fl:),vahoo.com
Re: "Emergemciy Motion for Leave to File" in previously fifed" Original andTimendecfEmergency Habeas Corpu s Writ No. WR-78,165-02
Dea£ Mjc. Am-^ta.,
Pleasefind enclosed the "Emergency Motionfor Leaveto File" in previously filed Writs pursuant tc WR- ?$?65:-02. Please SAr this Mothtt rrgn?away•as it is time sensitive.
' (A
Nymj^arcfm ^tiponer P&Bok ??'2f Austin, Texq& 78767 512-487-0197 \?ard*irmemat@,ya<hoo.corn
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
P.O. BOX 772 AUSTIN, TEXAS 78767 S£2-487-ffi97 bardinneinBa@yahoo.com
EX PAR TIE FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
V!S..
JANNA IK. WHATELY TRIAL JUDGE STATE OIF TEXAS MMGTORQF Texas BEPT, CRIMINAL JUSTICE
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING FUKLIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-0&-508a-4CR
COVER SHEET
EN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02
PETITIONER PROSE NEMABAHDIN P.O. BOX 772 AUSTIN, TEXAS 78767 512-487-0197 bardinnema@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
JANNA K. WHATELY TRIAL JUDGE STATE OIF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENC Y APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR
PURSUANT' TO ARTICLE V. SECTION 5 OF THE TEXAS CONSTITUTION AMENDMENTS 1, 5, 6. and 14 OF THE UNITED STATES CONSTITUTION TEXAS COMMON LAW AND INHERENT POWER VESTED IN THE TEXAS COURT OF CRIMINAL APPEALS
TO TH E HONORABLE JUDGE OF SAID COURT:
WWC'OMES,ttctaxmsi ^tffrrafttatJan tmtorirraKttf fcptfi&tttittarftfd&Q.YTtot; pristmeiWrcgaVry
confined at the Stiles Unit, Beaumont Texas pursuant to an illegal and void Judgment and Conviction
and respectfu lly submits this Emergency Motion Under Trap Rule 72 For Leave
To File Original Writ Of Habeas Corpus in Cause No. WR-78,165-02 And
Amended Emiergency Application For Original Writ Of Habeas Corpus.
1.
And Motiom for Temporary Relief for Bail Seeking Relief from Void Final Judgment and Conviction.
JURISDICTION
rhe Court of Criminal Appeals has OriginalJurisdiction under Article V Section Five of the
Texas Constitution,Amendments 1, 5,6 and 14 of the United States Constitution, Texas Common
Law, and this Courts Inherent Power. State v. Johnson, 821 S W 2d 609. 612 Tx. Crim. App. 1991,
and^xpartelfoung VA SW la %1W* 1i%%.
PROCEDUR&L HISTORY
The Original Writ ofHabeas Corpus WR-78,165-02 lays out the procedural history before it's May 19th filing into this Honorable Court. Some of that history is included herein.
The Initial FlalbeasCorpus filedpursuant to the VoidJudgment in Trial Court Cause No. A-08-508C
•4CR 36th Judiicial District Court Aransas County., Texas and made returnable to this court pursuant to
Article 11.07'' No. WR-78,165-01 received no "adjudication on the merits " by this court, and the trial
court refused the Writ without findings or holding a hearing. On Dec. 5,2014 Applicant Pate filed
into the trial cxmrt a "Motion to Vacate Void Judgment" pursuant to Article 11.07 Jurisdiction. That
court when they were asked stated that they filed the Motion but to date have not acknowledged the
motion in a:ny- way. Applicant did amend that Motion on the 5*Day of January 2015 and asked
numeroustinres for a decision betweenthe the 5*day of December2014., and the 5th day of January 2/115.
Findly&n May i1£*ivrora£i?vfiW<a^n^gi^^ Write
and Motions into this Court. ApplicantPate deserved a "hearing" on the merits of his Initial 11.07
Writ and on hds "Motion to Vacate Void Judgment" and was denied such hearing.
Petitioner filed ORIGINAL PROCEEDING in this Court Writ No. WR- 78,165-02 on May 19th, 2015
2.
and then AMENDED EMERGENCY HABEAS CORPUS WRIT (with bail request) filed on
June 02,. 20J.5. Each filing was delivered by Petitioner inperson to the Clerk of this Court.
Petitioner is fiiliing Pro Se, and unschooled in the law and didnotrealize that it was a required
procedure thiat a "MOTION FOR LEAVE TO FILE" must accompany the "ORIGINAL WRIT OF HABEAS CORPUS". Petitioneris still jqoIsure that she has interpreted Rule 72 as a necessary
procedure but inan abundance ofcaution to avoid any procedural default files this " EMERGENCY MOTION FO'Fl LEAVE TO FILE" incorporating this Motion with all other Writsand or Motions
feswto^S^jxursuatito WrJtJMa WR-78J 65- 02, and Trial Court Cause NO. A-08-5080-4CR,
CHADRICK IB. PATE.
REASON FOR FDLING AS AN EMERGENCY
Because Petitdoner failed to file this "Motion for Leave to File " may be the reason that the Original
Writ has not been submitted to a Justice for a determination. Petitioner requests that this Motion and
all Writs and Motions filed in this cause be submitted to a Justice on an Emergency basis and that a
detominatiom bemade expeditiously. It has been 19 days since the Original Writ was filed with no
action having been taken bythis Court. While Petitioner understands that herinability to file the
paperwork properly attimes inthis cause has probably delayed the submission to the Justices it makes AppiYamt Fates liTegai' 1'ncarceraabn no fe^rnporfdrtform^ai1. Applicant Pate has been
illegally incarcerated for more than 7 years and Petitioner has offered up the proofofhis illegal incarceration, conviction andjudgment by submitting the Trial Courts ownRecords . Any delay in
jraakinga dfiteinninalion onthese matters onlyprolongs applicant's misery and allows the continuation
ofthe abuse ofApplicant's rights to "due process" and the right to his liberty. Petitioner contends that
this Honorab he Court has the power to on it's own motion or by suspending certain rules can grantthe
jdlMihat-/^pdJi^rjJ:i3b?fij^^sin a much more expedious way than the tedious and time consuming
3.
r requirements of each and every procedure required by the Rules ofAppellate Procedure, and specially
in light of the Trial Court and State's illegal abuse of procedures used to convict Applicant of a crime
he did not connmit. Applicantbelieves that under normal circumstances that The Writ of Habeas
Corpus is and expedient process for mostprisoners, but the subject of these proceedings are not normal
circumstances, these are Extraordinary Circumstances, and deserve Extraordinary Attention and
Determinations.
ADEQUATE REMEDY
This Court opimed in Smith v. Flack 728 S W 2d : "In some cases, a remedy at law may technically
exist; howevier, it may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient,
inappropriate <or ineffective as to be deemed inadequate." Id., 728 S.W.2d at 792. With this in mind
Petitionerrequest that this Honorable Court will provide relief to Applicantin a way that allows it's
authority to move expeditiously and finally. Applicant is aware that Mandamus might have also beena
remedy that she could have applied for, but is unsure of that optionbeingas expeditious as Habeas
relief. If Meundamus is a more expeditions option,, then perhaps this Honorable Court has the option of
construing Petitioner's Writ as such.
CONCLUSION
Because Pro Se Petitioner has brought a reasonable argument for gpod reason to grant "Motion foi
L e ave to File" then this Honorable Court should do so in an expedious manner.
PRAYER
Petitioner praysthat this Honorable Court grant her Motionfor Leave to File all documents in
Writ Camse No. WR-78,165-02, and to grant any other relief that this Honorable Court has the
authority to .grant that Applicant is due and deserves.
4.
^
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
P.O. BOX 772 AUSTIN, TEXAS 78767 St2-48T-®19? bardinneima@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRICKBPATE TDCJ#01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS
VS..
STATE CMF TEXAS DIRECTOR OF TEXAS DEPT. CRWfNAX JUSTICE
ORDER
EMERGENCY MOTION FOR LEAVE TO FILE IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM AVOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A- 08-5080-4CR.
After considering the Emergency Motion for Leave to File by Petitioner in Writ No. WR-78,165-02,
and forjsoodl crause appearing, IT IS HEREBY ORDERED that said Motionis hereby GRANTED.
[T IS SO ORDERED.
Date: June 2015
JJnnonahJf! Ju4?e_ Judge ofThe Texas Courtof Criminal Appeals
CERTIFICATE OF SERVICE
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE NEMA BARDIN P.O. BOX 772 ANSHty, "mmsMsmmn 5IS4I74197 bardinnemaa@yahoo.com
vs>..
JANNA vL WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE
CERTIFICATE OF SERVICE
EMERGENCY MOTION FOR LEAVE TO FDLE IN PREVIOll JSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
08-5080-4CR..
Ido hereby certify that atrue copy ofthe above and foregoing "Emergency Motion for Leave to File" was mailed regular mail with the proper postage affixed on the 9,rt day ofJune, 2015 to the fofibwing parties, and a true original "Emergency Motion for Leave to File" was personally delivered by PetitiAnex toClerkofThe Texas Court ofCriminal Appeals at 201 West 14th Street,Austin., Texas 78701.
PARTIES
Pam Heard
301 North Live Oak Rockport, Texas 78382
Office of the Aransas County District Attorney 301 North Live Oak Street Rockport, Texas 78382
1.
Jana K. Whately Trial Judge P O Box 700
Sinton, Texas 78797
Texas Department of Criminal Justice TDJC Executive Director Brad Livingston 209 West 14,h Street
5* Floor Price Daniel Bldg.
Austin, Texas 78701
512-463-9988
"<
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02
PETITIONER PRO SE NEMA BARDIN P.O. BOX 772 AUSTIN, TEXAS 78767 512-487-M-9? bardinraemia@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADKICKBPATE TDCJ #01563340 THE DISTRICT COURT 36THJUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS..
JANNA K. WHATELY TRIAL JUDGE STATE OIF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE PETITIONER'S OATH
EMERGroCY MOTION TOR LEAVE TO FILE
IN PREVIO USLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCE APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL foE8^SIEFFR°M AVOIDFINALJUDGMENT AND CONVICTION IN CAUSE NO. STATE OF TEXAS COUNTY OF TRAVIS
INema Bardiin being duly sworn, under oath says"/am the petitioner in this matter and Iknow the set:£££S2rcy Motion For L7Tojr•^d •»****my *•**e ** s/i
na BaVdin Petitioner
Petitit
Suh-scrihedarjvJ. Sworn, Tci Beface ma aalune 9th, 20IS,
NOTARY PUBLIC
N. A. CADENA
\io:a;y PjbiiC. S'ce o! lexcs !viv Comr=-;ission Expnes lU/v-y-/
October 20, 2016
/• \
• X'
IN THE COURT OF CRIMINAL .APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX PARTE FROM THE DISTRICT COURT CHADRICK B. PATE TDCJNO. 01563340 36TH JUDICIAL DISTRICT APPLICANT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR
NEMABAlftIMN TTETrn«ONE»
V.
JUDGE .JANNA K. WHATELY
EMERGENCY MOTION FOR RELEIF BEQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF PURSU ANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS CORPUS WR-78.165-02
COVER SHEET
RECEIVED IN
COURT OF CRIMINAL APPEALS
JUN 02 2015
Abel Acosta,Clerk
-^
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
WMM&THE, DISTRICT COURT
CHADRHCK B. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT APPLICANT ARANSAS COUNTY, TEXAS CAUSENO. A-M^tm-4CR
NEMABIA1RMN PETJTJfOJNEJJ V,.
JUDGE JAJtNAK. WHATELY
EMERGENCY MOTION FOR RELEIF REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF re«^«i>y p^FH^«^i>E^iKfjmr<»e^^k£ emergency mtrrfor habeas CORPUS
TO THE H ONORABLE JUDGE OF SAH) COURT:
NOW COMES, Petitioner Nema Bardin on behalfofApplicant Chadrick B. Pateand jBs^esslfidb submits this Emergency Motion for Relief pursuant to and on the Original Writ ofHabeas Corpus filed in thus Court on May,19*, 2015 .AND Amended Emergency Original Writ ofHabeas Corpus filed on this daafe Jume 02,2015 seeking relief from Cause No. A-08-5080-4CR a VoidJnd^mfinfr Sentence .arid Conviction ordered in the 36th Judicial District Trial Court Aransas, County Texas, and certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment inCause No. A-08-5080- 4CR isVoid for lack ofJurisdiction, Fraud onthe Court, and Tamneruig with a Trial Court GoYenoroeiaJ Record th«en this Motion also pertains to relieffrom Cause No. WR-78.-165-01 The Intial Writ of
Habeas Ooirpusfiled intothis Court on or about 6/21/2011 and was denied on 3/6/2013 withoul
1
Azr
2
written ordter byJudge Cochran, and from Cause No. 13-09-00112CR affirmed 10/27/2010 from the Thirteenth lOistrict Court ofAppeals.
Thesft two :y*l@Bfinte.aift vaidhecansfc thay eackftow from. the. literalandYoidTtial CoittUudgssfini inA-08-50>80-4CR. Chadrick B. Pate.
JURISDICTION
Because; this Motion flows from the filing of Petitioner's Original Writ ofHabeas Corpus it has uuisdictuan&irthe same reasons ithas Jurisdiction over the Original Writ filed on the 19* day ofMay 2015 andAmended Writ filed onthis date June 02,2015 pursuant to Article VSection 5ofthe Texas OawtittttiLotiand Amendments U5,6 and 14 ofthe U. S. Constitution . See ExparteThompson 273 S. W. 3W 17T, 181 (Tex. Crim. App.ZOW) snowing tnfe court to nave generafjurisdiction over Original Habeas CorpusSee Tex Const. Article V
STATEMENT OF THE CASE
Petitioner INenna Bardin filed an Original Writ ofHabeas Corpus in this Court on May 19*. 2015, and then filed an amended Writ onJune 02,2015 by hand delivering itand speaking personally with Mr. Ake&Aetata Clerk&r the Texas Criminal Court of Appeals. Petitioner asked to speak with Mr. Acosta
in order to explain that the Writ being filed was not a 11.07 Writ and therefore not a Second or Successive Petition under 11.07. Petitioner explained the nature ofthe Writ and why it was being filed .ast-an Original Writ under this Courts inherentpower and jurisdiction to provide the reliefrequested. Mr. Acostia took the Document after reviewing some of the paperwork with Petitioner andstated thathe
would file; lit. OnMay 22nd, 2015 after checking her mail box, Petitioner found that there was no jontificatwuD £<nro theCourtproviding notice that the Documents had been filed. Because Petitioner's address is local she called Mr. Acosta tomquire about the filing ofthe documents. He stated that she should have received a post card. Aconversation regarding the filing and docketing and the rules and
3
procttdvatea ihai arc requited or\b» kiad of Writl3na\ Ptti&ynex filed teft P«&ira»t confused. Because
Petitioner w as told that there were no deadlines for the Court to make a decision on the Writ that she
had filed,, and because she was told that the Case No. for the Writ that she filed was the same as the
Initial Writ that Applicant Pate had filed with the exceptionofthe last two digits.. Petitionerwas in a
quandary,, aind decided that she had betterstudythe Trap rulesmore moroughly. Petitioner checked hei
mail again on May 23,2015 andthe PostCardhadstill notarrived at herdowntown P O Box772
Austin, Te;x;as.. After reviewing.the Trap Rules, Petitioner felt that there should be a requirementon the
time frartne for a decision on the Serious Matter ofa Writ that challenged the Judgment ofthe Trial
Courtas Ibeiing Void for Lackof Jurisdiction. Petitioner filedan Amended Emergency Writof Habeas
Corpus on tins date June 02,2015 hand delivered to the Clerkand has at the same time filed this
Emergency Motion for Releifalso handdelivered on June 02,2015 to the Clerk.
It is not Y'etnnonefs intent to overide mis Court with endless'Peuuonsflvlouons, it is omy lier intent to
follow th<e rj»n>cedures (although as a layman they are incredibly confusing to her)
she does most want the Writ to be denied for failure to follow the rules or procedures. Applicant lost his
liberty because thetrial court purposely failed to follow the rules andthe procedures required of them.
Petitioner does not question that Mr. Acosta is not following the rules. She is sure that he is, but
because she; has no idea which rules that are being followed then she has determined it best to file this
"Motion ifoir Emergency Relief', with the hope that the Original Writ of Habeas Corpus will not be
denied fo;r her failure in misunderstanding the Trap Rules and Procedures/Protocols mat the Clerk's
Office us:es to see that these kinds of Writs are filed and journaled properly and expeditiously.
The Petitionier has filed her Original Writfor Habeas Corpus into the properCourt See Thompson 273 S W 3d 177 x 181 (Tex. Crim. Add. 2008).
If what Mir. Acosta says is true, that the Court has no time limit for a decisionon the Writ,and it could
beyears before a decision, men Petitionerand Applicantdo not have an adequate remedy for relief.
4
See In re 3Mc Cann 422 S W 3d 201 (Tex. 2013) showing:that theremedy is notadequate if the
remeay is: uncertain, tedious, burdensome, stow, inconvenientor, inappropriate, then it is deemed to
beJaeBs&tive (gating frcm GxeeawsH x C#w4srf.bpp*xi?fyirthe Thirteenth JwMeialXtifli 359 S.
W. 3d ^5,648-9 (Tex. Crim.App 2005).
Withthis in mind Petitioner respectfully requestmat this Court take immediate action and grant
Applicant Ball on a Personal Recognizance Bond freeing him from incarceration until which time
vbi& Cs/ck* vm ifttf&t •& te&msfc Wi *&& -nKsite <& ♦&«, ?*\?Aw»«rf% tVefisws, «ai &&isxsg&at&, «&•£& k&
taken on iShis Motionandon the Original Writ of Habeas Corpus filed on the 19* dayof May 2015. and
the Writ ifited amending on this date June 02,2015..
More thain a (114) days have passed since the filing of the Original Writ,and Applicant has been
illegally restrained for 7 years.
Petitioner has supported the Writ with undeniableproof that the Trial Court Tampered with the trial
sourt records, violated Applicant's rightto a fair andimpartial trial, liedtojurorsheldex partehearings
and manipulated the Judicary in order to obtain an illegal conviction over Applicant. Applicant has'
provided tithe trial courts own recordsthat prove the claims that she has made. Applicant receivednc
fair and bmpart ial trial, opportunity to be heard and notice at the sham trial. The trial court violated
Applicant's U.. S Constitutional Due Process rights, under the Texas Constitution.. See Winters v.
Presiding Jfudge of Criminal Dist Court No. Three ofTarrant County 118 S W 34.
If Petitioner hats failed to follow any rules or procedures, thisMotion nor theOriginal Writ should be
denied Ton such a failure, m Judge Acaia's dissent in the case of Tyrone Casey Sledge citing Ex
Parte Griv es 70 S W 3d 103-107-(Tex. Crim. App 2013)she concluded: that the purpose of the
Habeas Staitute was to limit subsequent writs to regulate theinflux of applications raising claims that
were onhy recently cognizable rather than to limit the traditional common law claim that the trial court lacked jurisdictionover thecase. She concluded thatThe legislature may notwithhold theright of
habeas aorjpus Tex. Const. Art. 1,12 (The Writ of Habeas Corpus is a Writ of right andshall never be
suspended.^
CONCLUSION
Petiitionter's filing of the Original Writ of Habeas Corpuspresents not only exceptional
circumstances for which relief should be granted, but it should be granted to meet the very ends
<&^u£tA&~ %c?xau£^*hfLTi?«a£,f^iHff^ Qx'mifiaL 4^p^»^*hftva^'5ftSftj^'«idiSJatft> rwmajuy%ji,wJKe<*
from a .Judgmentthatis Void for Lack of Jurisdiction, andbecause to deprive Applicant of bis only
effective State remedy would not onlybe contrary to the rudimentary demands ofjustice but
4fisfaac^b«g.<tCa.^uas^danaL<giaiantei tajecifkalljj <tesijg3^t&-ip^gaUa^
Writ lies as a traditional civil remedy for the enforcement ofthe right, topersonal liberty, not a stage jfthe state criminal proceedings or as an appealtherefrom, and because The CourtofCriminal
AQpeails; may takeactionauthorized by constitutional orovision.,and undercommon law.,and it's
inherent {and impliedpower, this Motion for Emergency Reliefshould bejgranted and The Original Writ requestingreliefshould be heard as anemergency and all reliefrequested in the Writ should be granted.
PRAYER
t**i«n« prays that this Honorable Court will hear and grant and issue Order on tius Motion for Emergency Rcleif immediately providing for BAIL on aPersonal RecognizanceBond and^itissue Order to nule on Petitioner's Original Writ ofHabeas Corpus and grant all reliefrequested there-m and do so within 7 days of this filing.
Petitioner prays that this Honorable Court by granting such requested reliefwill at feast see that Applicant's Liberty is restored quickly and unconditionally.
tf'
to
Certificate of Compliance
Petitiioiaeir has telephoned the District Clerk ofAransas County, The Disctrict Attorney of Aransas Cotnnty, Judge Janna K. Whately and the Director of TDCJ and notified each of them that thiis iEmergency Motion for Relief would be filed. Petitioner spoke with a staff member in each intsttanee and provided the notification, however Cookie at the Director's office could not hearjm e due to some kind of telephone interference. Petitioner made every effort to notify.
^V irdii
(Petitioner dated (tf^lmtj
7.
V
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
EXPAREE FROM THE DISTRICT COURT CHADRHCKB.PATE 36TH JUDICIAL DISTRICT TDCJ 01563340 ARANSAS COUNTY TEXAS APPLICANT//REALTOR CAUSE NO. A-08-5080-4CR
PRESIDlINfG JUDGE JANNA K. WHATELY
CERTIFICATE OF SERVICE
1 boTnereoy certify tbat a true original ol tne above and foregoing
Emergency Motion for Reliefwas personally hand delivered on the 2nd day of June 2015 to The
Texitts Court of CriminalAppealsClerk's Office at 201W. 14th Street,Austin Texas 78701.
y/jjuAAs ardufPetitioner
^ fe|(l I/5
Gef-VtW+-«- o 4 Se^i'ce -k>r
(c/2-//5 flfKu'lecl +o .<^« rWf«s
5ll* -fcl2-
Mailed4^ «.U (kHf«S
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX1PAFITE FROM THE DISTRICT COURT CHftBnftCK'A. ?A1£ TOC3 NO. toSGSJW Tfim JVYMCIAL DISTRICT APPLICANT ARANSAS COUNTY,TEXAS CAUSE NO. A-08-5080-4CR
NEMABARBfPf PETH1&NKB v..
JUDGE 3/WMAKL'v#HXrSLUf
PETITIONER'S INFORMATION
NEMA BAROKV *.Q».1Sfto-x7Tl Aus tiua, 'Texas 78767 512-4S7 #197 cett
^-*>
CERTIFICATE OF SERVICE «c/*£
r
I do hereby certify that a true original of the above and foregoingApplication of Emergency Origins 1lHa beas Corpus was personally hand delivered on the ?m) day of JUNE, 2015 to The Texas Court of Criminal Appeals Clerk's Office at 201 W. 14* Street Austin, Texas 78701 and sent regular mail to:
JUDGE JANNAK WHATELY
P.O. BOX 700
SEKTQN TEXAS 79.S&7-U7Q0.
ARANSAS COUNTY DISTRICT CLERK'S OFFICE 34U NORTH LIVE OAK STREET ROCKPORT, TEXAS 78382
PAGE 1 OF 2
CERTIFICATE OF SERVICE
ARANSAS COUNTY DISTRICT ATTORNEY 301 NORTH LIVE OAK STREET XOCKPORT, TEXAS ZM92
PAGE 2 OF 2
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX PARTE FROM THE DISTRICT COURT CHADRJC:K IB. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT A?PL«JANT ARANSAS€©*JNT¥, TEXAS CAUSE NO. A-08-5080-4CR
NEMA BARDIN PETTFZQ>NER V.
JUDG E J.ANNA K. WHATELY
OATH
STATE OF TEXAS, COUNTY <OF TRAVIS
I NEMA BARDIN BEING DULY SWORN, UNDER OATH SAYS: I AM THE PETITIONER IN THIS A MENDED EMERGENCY ORIGINAL HABEAS CORPUS ACTION AND KNOW THE C GINTE NTS OF THE ABOVE APPLICATION FOR WRIT OF HABEAS CORPUS AND, \CCOM MING TO MY BELIEF. THE FACTS STATED IN THE APPLICATION ARE TRUE.
SUBJSClRIiaEDAND SWORN TO HEFOJJE MFMimj&J&IS
NOTARYPUBLIC
N. A. CADENA
lUX,:,f
October 20, 2018
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO.
EX PARTE FROM THE THE DISTRICT COURT
CHADRICK B PATE 36TH JUDICIAL DISTRICT
TDCJ #015*63340 ARANSAS COUNTY, TEXAS
COVER SHEET
EXHIBIT 15
MASTER INDEX CHRISTOPER HALL REPORTERS RECORD 1-11 PAGE 2
25
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VS. * ARANSAS COUNTY, TEXAS
7
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8
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9 MASTER INDEX
10
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17
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TABLE OF CONTENTS
; !
'^V/rt-^'' 7h*Yt~4. VOLUME 3 A nnouncement (9-25-08) ^ *? > ^ i?^""1"1'^ *V Pi.-e
'6': 'CtiVOlftTL *i Pretrial 'fteaxxng \Vu-Ti-V&'';
9
10
ii VOLUME 6: Jury Trial - •• Voir "Dire Proceedinqs \2-^-G^>
[VOLUME 7: Jury Trial •• G'uii t/innocence (2-9-0$}
13
14 VOLUME B: Jury Trial -• - tuii't ^innocence \^-\^-^'i)
V OLUWE' 9 : Jury Trial
-C-aill} ItiTjCiC^tjc^ •Vl-12-1*3-*/
f VOL0W£r I.f; Jury friar fa it i s-iTjtreit e - Sex t e^ ci ^.y / 2 - 2.J - # 51,* IhM T= Trial Exhibits -oOo-
?:s.
Case 2:12-cv-00093 Document 11-8 Filed in TXSD on 06/12/12 Page 3 otee^fdj Scanned Jan 26, 2012
CAUSE NO. A-08-5080-2-CR(HC3)
EX PARTE: ( IN THE DISTRICT COURT
) 36TH JUDICIAL DISTRICT
CHRISTOPHER JOSEPH HALL ( ARANSAS COUNTY
INDEX
I Index i
!<Order from Court ofCriminal Appeals 1 , •Goiresp/OT&etKfc.V?. !w>?s<&Ctafen& tet&nai} \ Order Appointing Attorney 5 Order from District Court Judge Janna K. Whatley 6 =moMcttnenC Vj. >3 0>jAl. .,'. * .Aflfidavit ofIndigence with Order Appointing Counsel 24P. 7. Jt/.[.'? P. H hfj&pC' ^9M.Vj^i&^iaa.<i£ AwaiatiBjaet.. MM- ,&«U&<* i^\ki*t?L 11 Receipt for Capias and Precept from Sheriff Department . .<#./. ?TT. IS . Cbirresjjonaence to Atrorne.v . 2tf : Capias Returned Served ... r. 21 : PffscaatReinmed Served. .J^T... 22 Correspondence from Defendant, ... 23
Waiver ofArraignment ... ."2 \.7/#/ -JJi'l;- f Ai: y•v* Y» 25 Motion for DiscoverywithOrder ..1(1. //&/. .^*1f%rj(A%... J ^ 27 Mention for Authorizationto Expend Funds for Investigator ... Tj/\&\.. QfcrZ'. .177: 39 (Correspondencefrom Defendant /*>•-• *'
(p Motion for Continuance Tj./^ t£QcM&W- -f^Mo^. .Afc<4r.?/.£... 43 4&<3te<mMb^fo€ba&imBae ../P^tvU?-1.. ll 3r.:'. «V Order on Motion for Authorization to Expend Funds for Investigator 46 ^ <•&&«&& >taiot 4,7 (Molio^^er.?.^.....^,.^/....^^ Motion to Sever . .jr.!^U .n..... ~ .;M /.. .a ./sv ^ 48 innJ{ir5ulpiiMDa --..
F&atdj^'sApsm^aafarSuiawism SO
Case 2:12-cv-00093 Document 11-8 RJed in TXSD on 06/12/12 Page 6 of 66
Scanned Jan 26, 2012
State's Application for Subpoena 18S .SiilywftaflJRelunmS Staved JustioPadlgBtt 161 Motion to Suppress Photographic Identification 162 1 i'j t iw State's Application for Subpoena 165 '" c/C^' Sulbpoena Returned Served }i\ ^-" liv • • Jennifer Leyva 16? ~ SA" tfy'% lUyl&e ~ r — -- - 168' r" ^\Q Q? S Ernest Solis 169 Defendant's Election as to Punishment 170
i .ituijr v*in#ov»i * tv
I JturyNote 1 178 ' Charge of the Court 179 Vefdict 191
AncyNoteI ... 193 1Punishment Charge 194 1V«9*w* 198 I ^vi^Q^i^%QAsfiSest^,^V^<adR^%Vi^'^ &$?«& V% , Order to Withhold 2(K . JNwtice of Appeal filed Pro Se 201 Order Appointing Counsel 202 No fice ot Appeal to Court of Appeals 2t0 Notice ofAppeal 204 H'crhterrlfeaimtfnw.Sp^^ 2fX • Kc"'V{uesr £sr ftepunraVnr «jicfitepurtsrir Ressniand Btssigtssctiou ofMxCCets' to lbe Included 210
i Amended Notice of Appeal to Court of Appeals 212 Correspondence to Court ofAppeals 213 Correspondence from Court ofAppeals 214 G?<ms$p<mfan& nam &sfaidluit 2!<S
IV
Case 2:12*cv-0D09& Document 11-& Filed in TXSDon 0&12J12 Page 7 of 66
Scanned Jan 26, 2012
Correspondence to Defendant 217 Jud;gment of Conviction by Jury; Sentence by Jury to Institutional Division, TDCJ 218 .Receipt tor Pen Packet 223 Nottice from Court of Appeals 224 <CAawn €or FetanyfSwveimt Attorney ¥ec» 225 C^n^sva-ndiwv^ AawI^ftfeRda'ivf 229 iCpver Letter ... ....' 229 CDrdler from 13* Court of Appeals 230 h-lotice of Setting. 233 Correspondence from Defendant 234 •GrtferAMfHfitg Hft&fom^^£HO^<^<4ftpsnrt^ 226 Affidavit of Indigence with Order Appointing Counsel 238 Fax Notification of Appointment 243 Cover Letter from Court of Appeals 2A! Judgment and Opinion from Court of Appeals (Withdrawn) 24< &owerLetterSoot CkwtefAppeals 277 Judgment and Opinion from Court of Appeals 278 CJj&^faB.^'ttem^Iittgaaaa. tttstsuab ^<e&. IAS Correspondence from Defendant 31( Conrespondence to Defendant 312 Correspondence from Court of Appeals 313 Mandate / 314 ,.A^^4^^
Coxm'&otketSriett ....:^$^-••77>jkJ^< M5 Certification ' 319
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO.
EX PARTE FROM THE THE INSTRICT COURT
CHADRICKBPATE 36TH JUDICIAL DISTRICT
TDCJ #©15-63340 ARANSAS COUNTY, TEXAS
CAUSE NO. A-08-5080-4CR
COVER SHEET
EXHIBIT 20
REPORTERS RECORD VOLUME 6 OF 9 PAGE 221 LINES 1-25 CHADRICK PATE
£* JbAo
r
liiHl^?: ' * li ^ Si ^ "L ^
MSS-J^MF i/) tfjf a' Wil ORE'S
'Sx-LVL ^trox-^ ta-ase Mm'sei ^-'D'S-BfrBO-S-CR
..Witf; STATS <?F TSXAS rff THE DISTRICT COURT OF
XI 1:1.. *
:hadrick b. pate * 36TH JUDICIAL DISTRICT
JURY TRIAL
G'ai 1-fc / Inn o c en c e
APPEARANCES
I' CTOUgrSgL FOR THE STATE:
12! MR. MARCELINO RODRIGUEZ i vjs. . T^tts* ewaiu'a •A "ASSISTANT DISTRICT ATTORNEY 36th Judicial District
J 4:
7zc? C\?cn~cy Courtnouse
;" F. a. Box 1393 L5i Sin ton, Texas 76367
"l"b; fax: 361-364-4978 J SBN: 24046959 ^M! (?eTS5T4l i a CO'Tj:tTSEL FOR THE DEFENDANT:
| ATTORNEY AT LA'v ?• 0. Bex 27 6 ™\ c il. <c iouc a 'j. a n c a;. u a Corpus Christ!, Texas 7 84 UJ Tel: 361-882-437 5 rax: '361-882-3635 22 S3N: 07958500
/. ji On the 10th day of F&bruajry, 2£>#S>r tte ^Pf^n. ^ 24 ;'^!!^n9S C^e °n f°r tri£i ^ the above-entiled' and '•;' !.a C£USe ln said Court, HONORABLE JANNA K. WHATLEY ac;e r-resio'ma.,. held. to. s.o,r-^.o.rt- ^ v •?.».---•• ^T..,..rVr -.oceeo.ings were reported by machine shorthand.
eL.#J
Pi
221
THE COURT: We haven't talked about your
MR. GILMORE: Well, Judge, anything he says
41 is hearsay as to my client. Anythina that Mr. Ha.'il
MS. CABLE: -- as to Chadrick Pate, Judge,
71 as far as that coes, but I ask to be able to car. ijnita tM&.
acm.i,s sions made by t_bJ _s tief&.'odjz.vi:,- CJoxl. 1" o *^vo.° *— y~
±. i -a
MR. GILMORE: May we approach the bench?
(..The fol.low.Ln.xi, ri.Ls.rjL^SL.i_ao. v^l=l h/tri. ^.t, t-jq./^ hAni-ch*. \
JAR. fiJJJEJACtJJJS1.- Then Z ask ~J:e ^ r : fa sever
i?ate :ora tnis case at this time because they 're going
31. to cr_et into. e.v.Lri.e_n.rLe_ trJiAJ".' .^ nat Hjii^J^^^JxP'^i. a^aAn^oh-. Tn vim
J -4, j.s guixgr ro be u$&£ against him. S& I obie jecu ana
1 ~r
i
I
•a as K
;r :-a severance
MiS, . CARJJL1. I, 'aa.'L'A",=b V-n-^x. T_-c;-n Ve "uia^ti Vy
ax> ..i.M5rri'.c---,ol'?./ .v'A^r^.
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there can be an instruction as to the jury not considering 11 h.-h.a.h, a^La^tr;.=L.n_ Qh.a.
•FA'S" eUffRT": See, l"'m at such an unfair
advantage. I have no idea what this guy's going t:c say ] -end* ^Uj. i -fa-uTi'h, 'ktiuw 'now I"'m going to make a ruling on this because I have no idea what he's gcina to tel.l us.
24 MS. CABLE: He's basically going to say,
V76 "Judge, that he was contacted by Michael Underwood and