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Holmes, Corey Doran
WR-82,643-01
| Tex. App. | Jan 20, 2015
|
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Case Information

*1

To Whom let may Concern STY344Y TYNW1L69 37-13000 N1 03 N3038 Please allow me to suppress this notation with a copy of my application for 11.07. Wrist of Holreas Corpus 211,879A (Wx-82,643-0). To one not disrespecting the counts, but it wanted to make sure the counts of criminal appeals recieve my whole application. Also I have papain piroing that the Wallanger Courts Verron ix targeted court documents. Because when I received my application back from them they eneleed a judgment of Conviction paper which is not the one of sign. I sent that so the counts can see my signature is not on it. And 11 clearly sign one on the day of court. And in all of Texas court room you are required to sign your ypment of conviction. This leads me to believe the Willsager courts change the paper work to fight against one of my main arguments of wlneffective Counsel. Based off Walker v. Caldurell 476.F.3d.313 attorney was not given sufficient time to prepare for trial. The courts are saying that I pleaded guilty on may 600 H which would have place my first court appiance on may 120 H . Which also is six days to prepare for trial. But I believe to my memory my first court appearance was may 6,00H on which I denied a offer of 15 years and then tried was set for may 1800 H which is 6 days later. Now if the courts are right and 11 pleaded out of may 600 H my first court appearance would have been May 1, 2014 which is still six days to prepare for trial. So either date it was my argument for Walker v.caldurell should be legit to argue. One may 1 feel the courts can salue thus

*2 Ivoue is on the day of pleaded guilty, The DA Stan Heatty placed me on the front page of the Vernon Bailly Records Newspaper. I believe the criminal appeals courts can access the internet and see what exact day of pleaded guilty. And if it shous, May 6, 2014 then it was may 1, 2014 of my first court appearance. If it shows may 12, 2014 then my first court appearance would have been many to 2014 it would also proved the documents by Whlharges court, courts are forged and change after the fact. When may it go, I ask to courts to accept my argument of Walker v. Caldwell because clearly six days was not sufficient time to prepare for shial. Also I felt very compelled to plan guilty due to fact my lawyer did not have sufficient time to investigate the clinical enhancement allegations that DA Stan Heatty presented and shrething me with five minutes before shial was about to start. Which further more leads up my first argument that my lawyer did not have time to prepare for shial. Also I want to bring to the courts attention that Whlharges Courts did not answer to any of my other arguments. So I ask and pray the Court of Criminal Appeals really look into my arguments of Prazeutical Vendiciliness, because I feel this was pay- back in reputation to me for working with the F.B.I on corruption of the Vernon Police department and DA, Unspedet Jeff Coeey and Kim Arnonld. My anything a change of Venus should have given to me. They did not answer to the argument. I was held for over two months before pleading guilty without Lord. Which is cleary against the law and constitutional rights. I ask the courts to please accept this notation and look into my argument and see this ett, whole process was unjust. Thank you Sincerly Cora Hobnes Tenn

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Case No. / 1 , 879 − 4

(The Clerk of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: 1 1 ocey Doona Holons DATE OF BIRTH: 8 / 15183 8 / 15183 PLACE OF CONFINEMENT: Raten Unit 1995 Helton Od Tempers TDCJ-CID NUMBER: 13385118 SID NUMBER: (1) This application concerns (check all that apply): ◻ a conviction ◻ a sentence ◻ time credit ◻ parole mandatory supervision out-of-time appeal or petition for discretionary review (2) What district court entered the judgment of the conviction you want relief from? (Include the court number and county.) WJ: Barger Canly Coothouse 1700 Wilhager St Vennin 709 (3) What was the case number in the trial court?

(4) What was the name of the trial judge?

*4

(5) Were you represented by counsel? If yes, provide the attorney's name:

Yes Michael Payne

(6) What was the date that the judgment was entered?

◻ may 13, 2014

(7) For what offense were you convicted and what was the sentence?

Family consult w/o (8) If you were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count?

N/A

(9) What was the plea you entered? (Check one.)

| ◻ guilty-open plea | ◻ guilty-plea bargain | | :-- | :-- | | ◻ not guilty | ◻ nolo contenderelno contest |

If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? (11) no jury ◻ jury for guilt and punishment ◻ jury for guilt, judge for punishment

*5 (11) Did you testify at trial? If yes, at what phase of the trial did you testify? ◻

Did you appeal from the judgment of conviction? ◻ yes ◻ no

If you did appeal, answer the following questions: (A) What court of appeals did you appeal to? (B) What was the case number? (C) Were you represented by counsel on appeal? If yes, provide the attorney's name: (D) What was the decision and the date of the decision? (13) Did you file a petition for discretionary review in the Court of Criminal Appeals? ◻ yes ◻ no

If you did file a petition for discretionary review, answer the following questions: (A) What was the case number? (B) What was the decision and the date of the decision? (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction? ◻ yes ◻ no

If you answered yes, answer the following questions: (A) What was the Court of Criminal Appeals' writ number?

*6 (B) What was the decision and the date of the decision? (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. (15) Do you currently have any petition or appeal pending in any other state or federal court? ◻ no If you answered yes, please provide the name of the court and the case number: U.S. District Court for the Dothen District of is Case TW-CV-Ooof-O (16) If you are presenting a claim for time credit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) ◻ yes ◻ no If you answered yes, answer the following questions: (A) What date did you present the claim? (B) Did you receive a decision and, if yes, what was the date of the decision?

If you answered no, please explain why you have not submitted your claim:

*7 (17) Beginning on page 6, state concisely every legal ground for your claim that you are being unlawfully restrained, and then briefly summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. If your grounds and brief summary of the facts have not been presented on the form application, the Court will not consider your grounds. If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form.

You may include with the form a memorandum of law if you want to present legal authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or 50 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum.

*8 GROUND ONE: Proscutorial Vaddictivoness

FACTS SUPPORTING GROUND ONE: DA Stan Hoally and Inspedec Soft Casery Both had Knowledge that at one time A Coney Hobtans wroth with the FRT as a C.I on preside cusmption within the D. M. M. M. M. M. Candy Southouse 3 Vanon Stice Department. Where so King Arendt and Stan Hoallyis there the Sense of the investigation. Do to this but the cants should have altered a charge of Vanue on altered a different D.A to handle any case. D. A. M. M. M. M. D'A. M. M. M. D'A. M. M. M. D'a chisnir prejudice was agad of rony prosection. D. A. M. M. M. D. A. M. M. and prejudice when he altered My Sance Saxter Sillerosa a witness on my Sohance to

*9 Listen to prehecested Bill phone calls. With one and others women within I was incarcerated in a Billanger County Bill Gaander Silloman will don't really to thee to the time under earth in canal. This one tactic used by Staa mostly inclusly against the laws that due to the stitution surrounding the F.R.I and I working as a CT to the Cunegtian Case of a Billanger County and Ston Hoathy's Kinglaould. I should be allowed to withdraws my plan and a change of course at at least I should be proceeded by a different as. There's a I should be able to present my case. Notice: The Housewife-Sidge man Hilfe Pyyed with all airars and F.R.I. aged Pussad to give tredivenery on

*10

GROUND TWO:

The Years Constitution provides a specific night to limit in the Capital Cases Adide lisedion ll of the Con FACTS SUPPORTING GROUND TWO: I was arrested on an about September 20.202. I was headed out the next day on S. 601 dollars D and. I was iadicted on this change on an about February 2028. I want to appear to assignment on an about March 1,2001. I plan any arrival to the I. J. Mlanger Comet House I was arrested by Self Cany and detained on 11.121111113131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313131313

*11 the defandact should be raised" Brorena" Salura tradnca a agaiest Che Seers State law and a against any Constitutional Rights. I was being ualantully corfieand and restrained of any liberty and freedom. Also I Eilada Haluess Corpus during during this illegal confiaement. Prosed of Voluntaril confiaement [3] Held without Pancons. This Haluess Corpus was ounces heard. I think also against the laws and a volation of any Constitutional Rights SEE. Ex Detafianington 1822 SU13d 47A-Counts refuse to bans Haluess Corpus as refuse to issue uait on desvies application" Ex Detafis". This have al one should be heard by presiding Sivitzs and on a Sittac of Peace.

*12

GROUND THREE:

Snaffective Assistance of Canned

FACTS SUPPORTING GROUND THREE: W. Milker v.Caldwell W. M. F. Ad 213 "Attorneyumsonat given sufficient time to prepare for trial. Due to the fact I made any first eant appevance May 16. 2019 wbere I decline a plan of 15 years. Not trial was set for May 12, 2014. Six days later. Clearly one an any attornay eanld prepare for teal in that short of time. That clearly is alleglad of the eant's and grands Snaoffective Canned due to any lawyer away brought this to eant attention. Aloncay lawyer failed to bring to the eant's attention that I care worth with the F. B.I. on possible eumption within D.A. Stan Hoatly office and

*13 that alone would be unjust for me to be precented by the same D.B.SERP. Branches Estelle. Loll F. 2d 1229 "Estive preceding as a white was fundamentally unfair. Fundamentally unfair to deny due process. Also, I refused to ploadguilty up to the day of trail. Due to the Regudice against one and my lawyer being unpersposed to get out. I felt compelled to Plan Eailty EeE Colonn. Smith. Also my lawyer did not have sufficient time to investigate eahaverned allegations that was presented by d.B. Stan Hoatly the day of trial. See Dallyon 240. 2d 190. Due to these facts and plenty, more productive clearly proven by my Consel. And this alone should be grounds for withdraws of any plan of quit.

*14

GROUND FOUR:

Daeiad. Motion of Discosay

FACTS SUPPORTING GROUND FOUR: Da Mayla. 2014 In then trial was set San Mayla 2014. I then with oay 8 auyyon" Michael Pugel and QA staathodly for any portion of DiscosaylOhich both said I would reciand isy Day 10, 2014 two days thatare taitl lhich in aginst the laus. When the day of trial came I did not reciance any discorioniy find yot today TVe still failed to reciand. This is unconstitutional and volation of any highs.

Ske Dotroacing state 1013 suid as 3 Tese c in Beo

*15

PETITIONER'S INFORMATION Petitioner's printed name: C orey D. Holmes State bar number, if applicable: Address: Raten Unit 1995 Helton Rd Tampa Tx 79065 Telephone: Fax:

INMATE'S DECLARATION

C orery D. Holimes, am the applicant (petitioner (circle one) and being presently incarcerated in T.D.C. Raten Unit, declare under penalty of perjury that, according to my belief, the facts stated in the above application are true and correct.

*16 PETITIONER'S INFORMATION Petitioner's printed name: Corey D. Holmes Address: Baton Unit 1995 Helton Rd. Pumpa Ty 79015

Telephone: Fax:

Signed on Nov. 5, 20.14.

Pony D. Holmes Signature of Petitioner

*17

The Court Finds Defendant committed the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is GUILTY of the above offense. The Court Finds the Presentence Investigation, if so ordered, was done according to the applicable provisions of Tex. CODE CRIm. Proc. art. 42.12 § 9.

The Court Orders Defendant punished as indicated above. The Court Orders Defendant to pay all fines, court costs, and restitution as indicated above.

Punishment Options (select one)

Confinement in State Jail or Institutional Division. The Court Orders the authorized agent of the State of Texas or the Sheriff of this County to take, safely convey, and deliver Defendant to the Director, Institutional Division, TDCJ. The Court Orders Defendant to be confined for the period and in the manner indicated above. The Court Orders Defendant remanded to the custody of the Sheriff of this county until the Sheriff can obey the directions of this sentence. The Court Orders that upon release from confinement, Defendant proceed immediately to the Wilbarger County District Clerk. Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. County Jail-Confinement/Confinement in Lieu of Payment. The Court Orders Defendant immediately committed to the custody of the Sheriff of County, Texas on the date the sentence is to commence. Defendant shall be confined in the County Jail for the period indicated above. The Court Orders that upon release from confinement, Defendant shall proceed immediately to the . Once there, the Court Orders Defendant to pay, or make arrangements to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. ◻ Fine Only Payment. The punishment assessed against Defendant is for a fine only. The Court Orders Defendant to proceed immediately to the Office of the County District Clerk. Once there, the Court Orders Defendant to pay or make arrangements to pay all fines and court costs as ordered by the Court in this cause.

Execution / Suspension of Sentence (select one)

The Court Orders Defendant's sentence executed. The Court Orders Defendant's sentence of confinement suspended. The Court Orders Defendant placed on community supervision for the adjudged period (above) so long as Defendant abides by and does not violate the terms and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court Orders that Defendant is given credit noted above on this sentence for the time spent incarcerated. Furthermore, the following special findings or orders apply:

Signed and entered on May 6, 2014

DAN MIKE BIRD JUDGE PRESIDING

Wiclery

Clerk: Wilbarger County District Clerk

SID 06219087 DOB 08-15-1982

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Case Details

Case Name: Holmes, Corey Doran
Court Name: Court of Appeals of Texas
Date Published: Jan 20, 2015
Docket Number: WR-82,643-01
Court Abbreviation: Tex. App.
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