Case Information

83,701-01,03
RECEIVED IN COURT OF CRIMINAI APPEALS

Mr. Abel Acosta, Clerk Court of Criminal Appeals P.O. Box 12308, Capitol Station

Aubl 202015 Austin, TX 78711

AbolAposte Cliem

RE: Writ Applications, CCA Cause No's WR-83,709-(01 and 02). Trail Court No.'s W416-82711-09-(HC1 and HC2)

Dear Mr. Acosta, Early this morning (08:20 A.M.) I picked up from the prison legal mail room two "White Card" notices informing me that the Court of Criminal Appeals had received my two (2) 11.07 Writ Application's from the 416th District Court on Aug. 7th, 2015. I believe this was an error on the 416th District Court's part. I received on July 24th, 2015 a Memorandum and ORDER from Judge Chris Oldner of the 416th District Court, telling me he was ordering affidavits to be filed by August 28th (he had allowed 60 days, but my envelope was NOT mailed from the Courthouse until July 21st and I received it on July 24th, a full month after it was signed by the Judge.). Judge Oldner had found four (4) points of error, controverted previously unresolved issues that could in fact overturn my wrongful conviction. I don't know why the Court forwarded my 11.07 Applications to your Court without first finding the FACTS the Judge had already noted as unresolved.

Therefore, I am sending you a MOTION and Suggestion's for the Honorable Justices's of the Court of Criminal Appeals to remand the Writ's (11.07's) BACK to Collin County and the 416th Court and to hold my Application's of Habeas Corpus 11.07's in ABEYANCE until the previously indicated unresolved issues can be resolved.

Please FILE These papers with the COURT, and bring them to the IMMEDIATE attention of the Honorable Judges as this is a TIME SENSITIVE ISSUE. ps Could you PLEASE send me a copy of this letter I am sending you with a File Stamp for my records? I am inclosing a copy for you to return to me.

Thank you &; God Bless.

Sincerely yours, Peter Jef Ellington, 1819234 CT Terrell Unit 1300 FM 655 Rosharon, TX 77583

*2 MONDAY, AUGUST 17, 2015

Mr. Abel Acosta, Clerk Court of Criminal Appeals P.O. Box 12308, Capital Station Austin, TX 78711

No RE: Unit Applications, CCA Cause No's WR-83,709-(01 and 92). Trail Court No.'s W416-82711-09-(HC1 and HC2)

Dear Mr. Acosta,

Early this morning (08:20 A.M.) I picked up from the prison legal mail room two "white card" notices informed me that the Court of Criminal Appeals had received my two (2) 11.07 Unit Application's from the 416th District Court on Aug. 7th, 2015. I believe this was an error on the 416th District Court's part. I received on May 24th, 2015 a Memorandum and ORDER from Judge Chris Oldner of the 416th District Court, telling me he was ordering affidavits to be filed by August 28th (he had allowed 60 days, but my envelope was NOT mailed from the Courthouse until July 21st and I received it on July 24th, a full month after it was signed by the Judge.). Judge Oldner had found four (4) points of error, contraverted previously unresolved issues that could in fact overturn my wrongful conviction. I don't know why the Court forwarded my 11.07 Applications to your Court without first finding the FACTS the Judge had already noted as unresolved.

Therefore, I am sending you a MOTION and Suggestion's for the Honorable Justices's of the Court of Criminal Appeals to remind the Unit's (11.07's) BACK to Collin County and the 446th Court and to the 11.07's of the 446th and the 11.07's of the 655th.

Please FILE These papers with the COURT, and bring them to the IMMEDIATE attention of the Honorable Judges as this is a TIME SENSITIVE ISSUE.

ps Could you PLEASE send me a copy of this letter I am sending you with a File Stamp for my records? I am inclosing a copy for you to return to me.

Thank you & God Bless.

Sincerely yours, Peter John Ellington, #1819234 CT Terrell Unit 1300 FM 655 Rosharon, TX 77583

CAUSE NO.'S WR-83-709-(01 AND 02) TRIAL CT. No.'S W416-82711-09-(HC1 AND HC2)

EX PARTE PETER JOHN ELLINGTON (Applicant)

&; COURT OF CRIMINAL APPEALS

§ § § AUSTIN, TEXAS §

MOTION AND SUOQECTION TO THE COURT of CRIMINAL APPEALS TO REMAND BACK TO THE TRIAL COURT FOR THE RESOLUTION OF PREVIOUSLY CONTOVERTED ISSUES

TO THE JUDGES OF THE COURT OF CRIMINAL APPEALS: COMES NOW, Peter John Ellington, Applicant Pro Se in the above styled and numbered cause, who moves this Court of Criminal Appeals to hold his Habeas Corpus Application in Abeyance and Remand to Trial Court for the development of previously controverted facts.

I. (a) On April 24th, 2015 Applicant filed (by mailbox rule) his two Application's for Writ of Habeas Corpus (11.07's) with the 416th District Trial Court. File Stamped on May 4, 2015. (b) The Clerk served the instant writ on the D.A. (State) on May 18th, 2015. (c) On May 16th, 2015 I (Applicant) realized I had accidently forgotten to include my "GROUND FOUR" pages 12 &; 13 with the Writ Applications. I immediately prepared a MOTION TO AMMEND and included the missing pages 12 &; 13 Ground Four "Prosecutorial Misconduct", and explained why I had not sent them in the original packages. Copy was sent to the State (Collin County DA). I was not able to send the MOTION and attached Ground Four because I was unable to get any postage Stamps until May 21st when I mailed it ( and filed it per mailbox rule). The Court and DA received this within 72 hours of the DA recei-

*4 ving the Instant Writ from the Clerk's Office. (d) On June 2nd, 2015 the State filed it's Response to my Writ Application; but ignored the "GROUND FOUR" pages 12 and 13. I had asked them to include and had filed a Motion for the same. (e) On June 8th, the same day I received the State's Response I sent/filed by mailbox rule a Motion for NOTICE and EXTENSION of TIME to file a reply/traverse to the State's Response. (f) On June 16th, I filed a MOTION for Interogatories. (g) On June 24th, I filed my REPLY/TRAVERSE to the State's Response with Attached Exhibits PROVING my claims in my Writ Applications. (h) On July 16th 2015 I filed a MOTION for and EVIDENTARY Hearing. (i) On June 24th, 2015 Judge Chris Oldner, 416th Judicial District Court Signed and Filed a Memorandum and ORDER as to the finding of previously unresolved issues of controverted allegations in my Writ(s). (SEE Attached EXHIBIT # 1). The ORDER is for the submission of the Affidavits from myself, my Court (Trial) Lawyer, and the State. The Judge gave 60 days + to comply, by August 28th, 2015. NOTE: The COURT did not mail my copy until the 21st day of $\underset{JUNY}{}$ and I received it on $\underset{JUNY}{}$ 24, 2015 a FULL MONTH after it was ORDERED! That was a Friday. JUNY 27, 2015 (j). On Monday AI sent/filed a MOTION and a Letter to Judge Oldner and a second Motion asking for the additional 30 days. he had meant to give me in the Original Order, making the Affidavits due on Sept. 28th, 2015. And the Second Motion for an Evidentairy Hearing and the Appointment of Counsel, per Art. 11.09 CCP. The First Motion was the Notice of Appeal and Request for Extension of Time to File the Ordered Affidavits. See EXHIBIT"S 2a-e. (k) On August 7th, 2015 the COURT of CRIMINAL APPEALS had now

*5 received my two (2) Application's for urit of Habeas Corpus (11.07) from the Trial Court without the Trial Court's findings of their own admitted previously controverted (four issues) facts that I had reaise in my Application. By the Judge's own ORDER he had given all parties to the 28th day of August to submit the Affidavits and actually in the interest of Justice and Fairness should have approved the MOTION for EXTENSION of TIME and reset the deadline until the 28th of September, 2015, because of the ERROR in NOTIFYING me 30 days late.

II.

The Trial Court has not responded to any Request's or Motions I have filed as a Pro Se Applicant who is indigent, has lost all contact with my family and my firends since being wrongfully convicted for a crime that never happened and of which I AM INNOCENT OF.

The Court DID NOT acknowledge my "GROUND FOUR" Prosecutorial Misconduct" pages 12 & 13, and neither did the State in their Response to my 11.07 Application's.

My Reply to the State's response seems to have fallen on deaf ears, and more importantly, the District Court has now forwarded my two urit Application's to the CCA without making the indicated as per ORDER, the resolution of the indicated unresolved controverted issues of fact.

PRAYER

I PRAY that this Most Respected Court, the Honorable Judges for the C.C.A. will APPROVE this MOTION & SUGGESTION to REMAND this back to the Trial Court for the resolution of the previously controverted issues and extend the time until at least the 28th of Sept. 2015 to submit affidavits, if I can even do that by that date. I would

pray that you would see how important an evidentary hearing is in this particular case, and ensure in the intrest of justice and fairness that I be granted an Evidentiary Hearing in Person, to CROSS examine my Attorney's (all three) of Record with out the ASSISTANCE of the District Attorney, and with Appointment of Competent Counsel to assist in this matter. NOTE: I never had a TRIAL, I was coerced into pleading guilty to get a 5 year deffered probation, and I did not want to do even that. I paid my lawyer for a JURY TRIAL, and she refused to do that. I am in prison for life without parole basically for a crime that NEVER TOOK PLACE.

Please HOLD my Application in ABEYANCE until the issues are resolved.

UNSWORN DECLARATION I, Inmate Peter John Ellington, TDCJ #1819234, Incarcerated in Brazoria County Texas, Declare under penalty of perjury that the above statements are true and correct, to the best of my knowledge and belief.

CERTIFICATE OF SERVICE

I certify that a TRUE and CORRECT carbon Copy of the foregoing Motion &; Suggestion has been sent to the Collin County District Attorney by placing same in the Prison US MAIL BOX on this 17th day of August, 2015 POSTAGE TO PE PROVIDED BY LAW LIBRARY INDIGENT MAIL PER TDCJ POLICY for INDIGENT Prisoners.

*7 CAUSE NO.'s WR-83-709-(01 and 02)

11.07 Application of Writ of Habeas Corpus in both styled and Numbered Causes above this Court hereby ORDERS:

That the Applications for 11.07 be remanded back to the Trial Court to resolve the previously indicated issues of previously controverted issues.

GRANTED DENIED That Applicant will have until September 28th, 2015 to submit Affidavits to support his claims of Ineffective Assistance of Counsel.

GRANTED DENIED That an Evidentary Hearing is indicated in this case to allow the facts and truth to be made fact in the record and to allow for the Applicant to have a fair and just hearing to develop this record in the intrest of JUSTICE.

GRANTED DENIED By the Court

Proprosed ORDER

In The $416^{th}$ Judicial District Court, Collin County, Texas Honorable Chris Oldner, Presiding

Cause Nos. W416-82711-09(HC)

Ex Parte Peter John Ellington

Memorandum

The Court, having received the Application for a Writ of Habeas Corpus and the State's response, makes the following finding:

A controverted, previously unresolved issue exists as to the allegations contained in the application, to wit:

Ground Three: Ineffective assistance of counsel. Specifically; a. Alleged failure to "explain anything" concerning pleas, prison, parole [sic]; b. Alleged "promise" to applicant that he would receive probation, or no more than five years; c. Alleged "overbearing my will" of applicant and forcing him to "lie to the Court" by pleading guilty; d. Alleged refusal to take case to trial.

The State and the applicant are ORDERED to submit affidavits responsive to these issues on or before the $28^{th}$ day of August, 2015. The applicant's trial attorney is ORDERED to submit an affidavit responsive to this issue on or before the $28^{th}$ day of August, 2015. The Court will also review and consider the Reporter's Record from the open plea.

Signed the $24^{th}$ day of June, 2015.

Judge Presiding

EXHIBIT 2A

MEMO

TO:Honorable Presiding Judge of the 416th Judicial District Court of Collin County, State of Texas

RE:HABEAS CORPUS #:W416-82711-09(HC) SUBJECT(S): 1)APPEAL/REQUEST as to Extension of Time to File Attidavits 2)MOTION for the Appointment/Recruitment of "Counsel".

Dear Honorable Judge, How can I Cross Examine a Piece Of Paper,,Or Even have an opportunity to Give My Rebuttal to it. I have included numerous Exhibits in Document Form as to What Transpired Between My Attorney and I. But there is TESTIMONY available should she DISPUTE My Ground as to Ineffective Assistance of Counsel. That is why I filed for an EVIDENTIARY HEARING, which is provided for in the Article 11.07 C.CRIM.PROC Procedures by the Fact Finder Judge. I Respectfully Request that your allow me an EVIDENTIARY HEARING with My Appearance being handled by a Standard Bench Warrant.

Additionally,Please take note of the APPEAL/REQUEST that I just filed. I just got your ORDER on July 24th,2015=A Friday. For me to be able to do what you have instructed I really NEED all the Time that you intended me to have. Why the District Clerk's Office SAT on the ORDER for a Month, is beyond my comprehension, when the Judge was ORDERING a Time Limit to Do Something. I know TEX.R.APP.PROC 29.5 allows the COURT to Withdraw and Reizsse the ORDER being complained about in the Appeal.I have enclosed with the APPEAL/REQUEST a Proposed Order to Quickly and Easily resolve this issue.

I have also submitted a MOTION for the Assistance of Counsel as : a)Provided for in the Article 11.49 Lanquage and/or b)As the Court would deem appropriate. Can you please RULE on the Submitted MOTIONS/ REQUESTS and Ensure that the District Clerk's Office Mails them back to me in a Timely Manner?

Thank You for Your Time and Attention to these Matters

*10

EXHIBIT

MEM O $= = = = = = = =$

TO:COLLIN COUNTY DISTRICT CLERK'S OFFICE ATTN:COURT CLERK for the 416th JUDICIAL DISTRICT COURT

RE:HABEAS CASE #: W416-82711-09(HC)

SUBJECT(S): 2 FILING: 1) NOTICE OF APPEAL and REQUEST FOR EXTENSION OF TIME TO FILE 2) MOTION, PURSUANT TO ARTICLE 11.49-TEXAS CODE OF CRIMINAL PROCEDURE FOR THE APPOINTMENT / RECRUIIMENT OF "COUNSEL" TO "OPEN" and "CONCLUDE" The ARGUMENT,--UPON TRIAL UNDER HABEAS CORPUS

GREETINGS, Enclosed Please Find the TIME SENSITIVE Pleading as Described Above.

Then Can you please FILE TREM and Bring Them To The Court's Attention as soon as Possible for its Ruling and Action.

Thank You for Your Time and Attention to these Matters

Respectuily Submitted By Peter Eelington $7 / 27 / 15$ Peter John Ellington, Pro Se C.T.TERRELL UNIT /-#1819234

1300 F.M.655 (Brazoria Co) ROSHARON, TEXAS 77583

C:File Copy mai) Rex Rule malled $7 / 27 / 15$

*11

EXAMPLE

W416-82711-09(HC)

HAVING COME to the Attention of This Court the APPLICANT'S Pro Se NOTICE OF APPEAL and REQUEST FOR EXTENSION OF TIME TO FILE and Previous Filed MOTION FOR AN EVIDENTIARY HEARING,This Court Hereby ORDERS:

THAT THE AMENDED DATE TO HAVE AFFIDABIT(S) FILED IS 28th, 2015

That an EVIDENTIARY HEARING is Scheduled for the DATE OF 2015, with the APPLICANT to Appear by Standard Bench Warrant, To Be Issued / Days before the HEARING DATE to Ensure His Appearance.

That The APPLICANTS Request for an EXTENSION OF TIME TO FILE is DENIED and the APPLICANT should proceed in accordance with the Texas Rules of Appellate Procedure.

BY THE COURT

JUDGE-PRESIDING

Proposed Order

*12

EXHIBITAD

HABEAS CASE #: W416-82711-09(HC)

NOTICE OF APPEAL and REQUEST FOR EXTENSION OF TIME TO FILE PETER JOHN ELLINGTON the APPLICANT - {Pro Se},Gives NOTICE OF APPEAL, Pursuant to TEX.R.APP.P. 26.2(a)(1),In Which He APPEALS the Trial Court's ORDER of 6/24/15 Requiring Him to Submit Affidavits by August 28th,2015-as to Justify the Ground in His Habeas Corpus Application.

In Addition To or Inter alia APPLICANT requests that the DUE DATE be Extended from 8/28/2015 to $9 / 28 / 2015$ , by virtue of the FACT that he Did Not RECEIVE the ORDER until July 24th, 2015-and it was Post Marked as MAILED to Him on July 21st, 2015. ((See EXHIBIT 1-ORDER,,and EXHIBIT 2-THE ENVELOPE IT WAS MAIL ED.))

Although the ORDER issued from the Trial Court was SIGNED June 24th,2015,APPLICANT did not Receive the ORDER until July 24th,2015-See:TEX.R.APP.P. 4.2(a)(1)

P R A Y E R

WHEREFORE PREMISES CONSIDERED,APPLICANT Formally Gives NOTICE OF APPEAL, and Requests that the Court ,Per TEX.R.APP.PROC 29.5 change the DUE DATE from 8/28/2015 to 9/28/2015.

Respectfully Submitted By Peter John Ellington,Pro Se C.T.TERRELL UNIT/-#1819234

1300 F.M.655(Brazoria Co) ROSHARON , TEXAS 77583

UNSWORN DECLARATION:

I,Inmate Peter John Ellington, TDCJ #:1819234,Incarcerated in Brazoria County, Texas,-Declare Under Penalty Of Perjury,that the Above Statemets are True and Correct, To the Best of His Knowledge and Belief

BY: Peler JOHN ELLINGTON, PRO SE CERTIFICATE OF SERVICE PETER JOHN ELLINGTON, PRO SE I CERTIFY that a True and Correct COPY of the Foregoing APPEAL/REQUEST was SERVED by 1st Class Mail upon the Collin County District Attorney's Office on July 27th, 2015.

*13 MOTION, PURSUANT TO ARTICLE 11.49-TEXAS CODE OF CRIMINAL PROCEDURE FOR THE APPOINTMENT / RECRUITMENT OF "COUNSEL"

TO "OPEN" and "CONCLUDE" The ARGUMENT,-UPON TRIAL UNDER HABEAS CORPUS

NOW COMPES THE APPLICANT, Peter John Ellington-(Pro Se), Who Respectfully MOVES this Court to Appoint or Recruit Counsel for Him to Handle,At Minimum, the OPENING and CONCLUSION of Any and All Trials or Hearing heald Under the Auspices of His HABEAS CORPUS APPLICATION. In Support I Represent to the Court:

1) In Article 11.49 of the Texas Code of Criminal Procedure, It States: UNDER OF ARGUMENT...THE APPLICANT SHALL HAVE THE RIGHT BY HIMSELF OR COUNSEL TO OPEN AND CONCLUDE THE ARGUMENT UNDER THE/UPON THE TRIAL UNDER HABEAS CORPUS.

2) It would be in the INTERESTS OF JUSTICE for the APPLICANT to have the Assistance of an Attorney to Bring Forth The FACTS Regarding His HABEAS CORPUS GROUND to the Trial Court/Fact Finder Judge.

3) The APPLICANT has MOVED the Court to ahe an EVIDENTIARY HEARING (Instead or in Addition to the Submission of Affidavits) and the Issuance of Subpoena(s) and/or Subpoena(s) Duces Tecum(s) will be REQUIRED, Thus the Assistance of an Attorney would be beneficial to the Court and the Applicant.

P R A Y E R

WHEREFORE PREMISES CONSIDERED,Applicant PRAYS that This Honorable Court-In the Interests of Fairness, Justice and Efficiency Appoint / Recruit an Attorney for the Matters Under/Upon Trial of Habeas Corpus.

Respectfully Submitted By

Peter John Ellington, Pro Se C.T.TERRELL UNIT /-#1819234

1300 F.M.655 (Brazoria Co) ROSHARON, TEXAS 7/583

UNSWORN DECLARATION:

I,Inmate Peter John Ellington, TDCJ #:1819234,Incarcerated in Brazoria County, Texas,-Declare Under The Penalty of Perjury that the Statemets in the Foregoing MOTION are True and Correct, To The Best Of My Knowledge and Belief.

EXECUTED on JULY 25th, 2015

EY PERVICE OF SERVICE

I CERTIFY that a Trune and Correct COPY of the Foregoing MOTION was SERVED by 1st Class Mail on July 27th, 2015-(Mail Box Rule) Upon the COLLIN COUNTY DISTRICT ATTORNEY'S OFFICE.

BY: Peter John Ellington, Pro Se

*14

EXHEN 3

W416-82711-09(HC)

CAME BEFORE This Court on the Day of , 2015, The Pro Se MOTION, PURSUANT TO ARTICLE 11.49-TEXAS CODE OF CRIMINAL PROCEDURE, FOR THE APPOINTMENT / RECRUITMENT OF "COUNSEL" TO "OPEN" and "CONCLUDE" The ARGUMENT/-UPON TRIAL UNDER HABEAS CORPUS, This Court, having Reviewed The Law and Precident(s) Hereby ORDER:

THAT ATTORNEY IS COURT APPOINTED/RECRUITED TO ASSIST THE APPLICANT

TO OPEN AND CONCLUDE ARGUMENT TO ASSIST WITH HOUSEKEEPING MATTER LIKE SUBPOENA(S) and AFFIDAVIT PREPARATION;ETC AS IS REASONABLE FOR SUCH ADVERSARIAL PROCEEDING

THAT THE APPLICANT'S MOTION FOR "COUNSEL" IS DENIED

BY THE COURT

JUDGE-PRESIDING

Proposed Order

CERTIFICATE OF SERVICE

In The 416 th Judicial District Court, Collin County, Texas Honorable Chris Oldner, Presiding

Ex Parte Peter John Ellington

Memorandum

EXHIBIT 2A

EXHIBIT

EXAMPLE

EXHIBITAD

P R A Y E R

UNSWORN DECLARATION:

EXHEN 3

W416-82711-09(HC)

In The $416^{th}$ Judicial District Court, Collin County, Texas Honorable Chris Oldner, Presiding