Richardson, Billy Ray AKA Billy Richardson

Opinion

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Clerk P.O.Box412308; Capitol Station'

' Austin, Texas 78711

Re: Wr-74,799-O7

Dear Clerk:

Enclosed you will find a true copy of applicant's Supplemental Reply. Please attach the enclosed document to the applicant‘s original reply, in which you should have recieved on August 6,2015, and present both replies to the Court as one whole reply.

Thanking you in advance for your helpful assistance.

God Bless.

Sincerel jj/// ///

Billyg ay §§éhardson TDCU-ID#119102

James Allred Unit 2101 FM 369 N. Iowa Park, Texas 76367

RECE|VED |N couRT oF chMmAL APPEALS

AUG 24 2015

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Cause No. WOl-75463-L(D)

Billy Ray Richardson In The Texas Court of

v. Criminal Appeals

The State of Texas

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Applicant's Supplemental`Reply

To the Honorable Court:

This is the applicantls supplemental reply in which he wishes to state facts

in addition to his original reply filed in the Court. Applicant is, by no means changing the facts stated in his original reply nor is applicant restating the facts. Applicant is merely, and respectfully so, seeking to add onto his original reply to the trial court's response facts that he mistankingly

left out of his original reply.

Applicant's Reply

The State, in its response to applicant's Application for a Writ of Habeas

Corpus, never denied the prosecution's misconduct in which, the applicant has demonstrated, and the record indicates, that the prosecutor was aware of the

false nature of applicant's statement to police and secreted the perjurous

nature of the statement from the court so that a false allegation in the statement could be utilized as evidence of guilt where, such false allegation alleged an element of the charged offense that the State was required to prove beyond a reasonable doubt. Neither did the State deny that the part of the statement

used as evidence of guilt was also false facts for which, the record indicates

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that the prosecutor, at the punishment phase of trial, established to the

court that such allegation in the statement, as to the alleged sexual inter- course being "voluntary"; was false only after the jury had already convicted the applicant. In`addition, the State contends that there were no constitutional violations rendered by the prosecutor in regards to the applicant's known false statement, as though suggesting that the prosecutor's conduct was in the lines of the law and was in no way a violation of laws governed by the U-S. Consti- tution regarding introduction of false evidence against the applicant utilized to manipulate jurors into believing that such known false facts were true facts and were sufficient to find that the applicant had truthfully admitted guilt to committing the alleged offense. The State also failed to cite any provisions that would allow the prosecutor to introduce applicant's known false statement as a true confession of guilt. The State has not and cannot state such a provision because there are'nt any. The prosecutor's misconduct was clearly a violation of the applicant's constitutional rights to a "fair and just trial by an impartialv juryV and due process of law. U.S.C.A.Const.Amends.5,6,14. lherefore, because the State does not deny the misconduct of the prosecution, both demonstrated and alleged by applicant in his writ application and in his reply herein, then the Court should find applicant's claims of constitutional violations true in whichg such claims are also supported by the record; In addition, where the State has also failed to state any provisions that would absolve the prosecutor of guilt of violating applicant's guaranteed constitutional rights and, where applicant has cited provisions established by laws governed by the U.S. Constitution that would bar the prosecutor from introducing applicant's known false statement as a true confession of guilt, the Court should also find that constitutional errors were committed by the prosecutor when she failed to

correct applicant's known false statement and secreted the perjurous natue of

the statement in order to utilize false facts_to convict the applicant.

CCZ

file

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Respectfully Sub;;:§::(//¢y Billy# ay ®ardson TDCJ- ID#1129102 James Allred Unit

2101 FM 369 N. Iowa Park,Texas 76367