Pegues, Jason Tyrone

Opinion

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MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 77348

JULY 15,2015

TO: THE COURT OF CRIMINAL APPEALS CLERK OF THE COURT: ABEL ACOSTA P.O. BOX 12308 CAPITOL STATION AUSTIN, TEXAS 78711

Re: EX parte JASON TYRQNE PEGUES V. THE STATE OF TEXAS IN REFERENCE TO CAUSE No.94-DCR-026185 HC3 and 94-DCR-026185 HCA [WR-7h,762-03....WR-74,762-04....WR-7h,762-05].

DEAR CLERK OF THE COURT:

ENCLOSED IS A COPY OF A MOTION THAT WAS FILED IN THE TRIAL COURT IN REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBERS AND WRITS. IF YOU WILL PLEASE FILE THIS IN THE COURT SO THAT IT MAY BE TAKEN INTO_ CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT. THANK YOU FOR YOUR TIME AND ASSISTANCE.

SPECTFUL SUBMITTED,

j ~#L%§? AsoN/TYRoNB?PEGUES #72§?%6 APPLIcANT.

cc/file: RE©ElVED EN ©QUHT OF CRHVHNN_ APPEALS JUL 1 7 2015

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No.94-DCR-026185 HC3 and 94-DCR-026185 HC&

wR-7a’762_03 ¢ c c owR-74,762_0L}¢ o o ¢wR_74,762-05

NOTICE TO THIS HONORABLE COURT

Ex PARTE

Jason T. Pegues

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THE FOLLOWING IS TO INFORM THIS HONORABLE COURT THAT A MOTION HAS BEEN FILED IN THE TRIAL COURT, AND THAT THE APPLICANT HAS SENT A COPY

TO THIS HONORABLE COURT. IN SUPPORT OF SUCH MOTION SEE:

Ex parte PoNl),ais s.w.ad 94 n`.13 (TEx.cRIM.APP.zois)=

Best practices include filing all materials with the Trial Court before the Trial Judge has signed his Findings of Fact and made his Recommendation to this court. But an Applicant is not foreclosed from amending or supplementing his materials even after application is forwarded to this court, as long as those

materials are filed in the Trial Court.

SPECTFU

AsoN/T. T>EGFES #728196

CC/FILE: APPLICANT:

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Nq.94~§cn-ozs1as 903 and 9a-nca¢026185'ncq

§ § IN THE zanth DIsTthT conard §§ . § hx Parte Jaaon TYRQNE PEGUES § - - g oF § § “ '§ pont BEND co uNTY, TExAs

Applicant’s Motion Requesting The Court To Hold HCB and HCA For 30 Days so Applicant Can Supplement and Amend The Applications

Comes now, Jason Tyrona Pegues_#728196, Applicant, Fro-se, in the above styled and numbered cause of acti.on respectfully' file this Motion Requesting The Court To Hold 9A- DCR 026185 H03 and HCé so the 'Applicant CannSupplement Amend the Applications due to the reconsideration of 95-003-026185 HCS and 9&-DCR¥026185 HCA by this court based on the perjury made by attorney Cary M.Faden in his first' _affidavit that was attached to and refera1:cad in the State’s earlier response to beth third and fourth writs of habeas corpus. The

applicant would also like to show this chorable Court the following: PROCEDURAL HISTORY

'Applicant filed his initial application ll.O? (HCZ) around

Eehrua£zw lGLZOIG and on Au§ust_ 27, _201&, the €ourt of criminal Appeals

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denied the writ without written order. On December lO, 201&, applicant

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vfiled a cch se scant application ll.. 07 (HCA)[wR 76,?62- -OA] and on ' §§£g§mél§Ol§ the Court OF Criminal Appeals Dismidsed the application

without written order, in Which this court reconsidered (HC&) and on

gune_;g¢ggl§, the court of criminai Appeais Dismissed aca

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~dg;!without written order. Applicant then filed aipost-conviclion Motion For Forensic DNA Teeting, and upon the State Investigating the DNA Testing Motion, on £g§g_igiggl§, the State filed a Supplémental§* ;Amended Answer and Supplemental Amended Findings of hact & Conclpsion: 'of Law, Reconsidering the applicant’s applications QAsDCR-OZGlSS H83 §nd 94-DCR-026185 HC& due to the perjury end error made by attorney;

Cary M.Fsden in his first affidavit which was attached and referenced

pin the State's re

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ponses to applicant's third and fourth writs, and for the Respondent contacting Judge David Newell regarding his

thoughts on the epplicent's third application.

PUR?OSE OW HOTIGN

Due to the reconsideration of the spplicant's third and fostth? writ for haheas corpus based on the State's perjury end error, the applicant is requesting that this Honoreble Court hold the applicant's applications HC3 end HC& for 30 days from the date of filing this

Motion so that applicant can Supplementaend Amend the applications

which gets reconsidered. See Ex ?arte ?GND,élB S.H.Bd 9& n.l3 (Tex. §§iel§eel§§l§>=

Best practices include filing all materials with the Trial.Court before the Trial Judge has signed his vFindings of Fact and made his Recommendation to this Court. But an Applicant is not foreclosed from amending or supplementing his materials even after Application is forwarded to this Court,as long as those

materials are filed in the Trial Court.

The applicant also request that the applicant be appointed to counsel based on the fncts, the record, surfacing the many unresolved

issues in the current proceedings of this case £§l§§. With the

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epnlicant being Pro-se and laymen of the law, there are some filings that can be filed unknown to the applicant which could assis£ bin in these proceedings or harm him . Upon being appointed counsel}'the applicant request that the appointed counsel do not file anythiné until the applicant and the appointed counsel have discussed all:: area's of the proceedings, asking this Honorable Ccurt to order tne appointed counsel to show proof that the applicant and appointed cpunsel have done as such.

lastly, the applicant request anLive Evidentinry Hearing based on

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the credibility of all those who have responded to the habeas corpus

:proceedings as well as the DNA ?esting Motion Investigaxion that is

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currently active in this case.estmorney Cary M.Faden was very aware of what the BNA test results were because ne was the one who cross“ examined the crime lab ciiminalist Monies Thompson. The bottom line

is than if the applicant would not have filed a Motion For Fcrensic DNA Testing, attorney Cary M.Faden's perjury would not have possibly ever came to light. So the question is what other lies have been told

and how long have these false end slandering ssaiements been stated.

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Out cf all these proceedings, the appli ant only request for a New

Punis`nmen.t‘Hearing. Hozqe

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are some unresolved issues that needs to be addressed and fairly adjudicatee.

£Bé¥.§§ WHEREFORB PREHISES CQN3IDERED, applicant, Jason Tyrone Pegues.#728196, respectfully prays that this Honorable Court gran; this Motion sequesting the court to hold HC3 and HC& for 30 Days so applicant can Supplemens and Amend the applications, as well as appoint the

applicant to counsel for the habeas proceedings and DNA Testlng

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proceeding. Baoed on the perjury and error by the State, questions the ordibility of those representing the State who have spoken and responded id proceedings pertaining to this case §§l§§.TThe applicant prays fhae this Honorable Court agrees that a Live Evidentiary Hearing is reasonable and en§itled to the applicant. Over-all the applicant prays that this Honorable Cou¥t’heve mercy and grant this Motion that has been presented respectfuliy

to this Honorable Court. EXECUTED ON THIS l§£§ day of g§§§,£@l§.

Respeotfully Submitted,

! #W¢ze_

1 Sow T. §EQUES #723193 /’BUNTSVILLE UNIT

alstv 12th sTREET

HUNTSVILLE, TEXAS 773&8

§§RTIFICATE OF SERVICE

I,Jason Tgrone Pegues #728196, The a;plicant, being presently confined in walker`Couhty, Texas do hereby affirm that i have delivered the original HC3 For 36 Days so

the prieoe mailroom

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Appgleent Can Supplement and Amend Th- Applicatio&

»officials for delivery to the 60110wing via U.S.Postal Service;

THE DISTRICT CLERK, ANNIE REBECCA ELLIDTT b OF FORT BEND COUNTY ii ' ZAOth JUDICIAL DISTBICT COURT i' ' HONORABLE JUDGE THOMAS R.CULVER,III RICHMOND, TEXAS 77&59

A copy of this Motion has been forwarded to:

THE COURT OF CRIMINAL APPEALS ?.0. Box 12308 Capitol Station

Austin, Texas 78711

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INMATE DECLARATIGN I,JASON TYRONE PEGUES #728196, Preeently inearcezated in walker County, Texas hereby declare under the penalty of perjury that the above' mentioned in my Hotion Requesting The Court To Hcld HCB and HC& Foru 30 Day§ so Applicant Can Supplementeénd Amend THE Applicationo is true and correct. b Signed or this lig§ day of AHLX,ZOIS. Res£§;;£oi" “ bmitted,

Asm~z 'r. PEG!!ES #728196 .<

Applicant:

HUNYSVILLE UNIT

815 12th STREET

HUNTSVILLE, TEXAS 773&8

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