Pate, Chadrick B

Case Information

IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02

$6/18/15$ Abel Acosta C lerk of The Texas Court of Criminal Appeals 201 W. ${14}^{\text{th}}$ Street Austin, Texas 78701 Nema Bardin P O Box 772 Austin, Texas 78767 512-487-0197 bardinnema@yahoo.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)

Dear Mr. Acosta,

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.

I 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 expedient manner.

I notified you first on 6/17/2015 via email and then by phone that same day, that the supplements filed in this cause under the dates of 6/9/15 and 6/11/15 had not been viewable on the Texas Court of Criminal Appeals since the ${16}^{\text{th}}$ of June 2015.

I checked again throughout this day starting at 9 am . It is now 1 pm , and these documents are still not viewable.

These documents were all viewable prior to $6/16/15$ . You took the time yesterday to try and locate the documents, but were unsuccessful. You advised me to check the website again today.

Because these Supplements to the Original and Amended Writ are "time sensitive" in that there is included in these documents an Emergency Motion for Leave to File", and because the documents were not located via: your search yesterday, I am delivering in person copies of all of the documents that I filed on $6/9/15$ and $6/11/15$ . All of these documents were already delivered via U.S. Postal Mail to all the parties in this cause. (There was also an Emergency Motion for Bail Relief filed on 6/2/15 that has had no action taken )

I am requesting 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 shall require that proceedings be conducted with dignity and in an orderly and expeditious. manner and control the proceedings so that Justice may be done.

I am aware that because I am a pro se litigant that my pleadings/ filings may have not all have been done by the correct procedares, as I am unschooled in the law, and have had to figure these things out as I go I have corrected the things that I learned that I had incorrectly filed and refiled them accordingly, and have done my best. There have been 4 defense attorneys in this matter that could not "get it right". I am doing the filings myself, because "I care" and while emotional to the cause, I 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 Void and that my son is illegally imprisoned. It is my opinion that based on these trial court records that The State and all parties to this Cause have waived their right to offer any response, and that this Court has the inherent power 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 the Superior rights provided by the Constitution. Also in TRAP rule 83 (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 date as expediously as is possible for this Honorable Court.

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 was personally delivered to the Clerk of the Court Texas Criminal Court of Appeals on the ${18}^{\text{th}}$ day of June, 2015 at 201 West ${14}^{\text{th}}$ 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 ${14}^{\text{th}}$ St $5^{\text{th}}$ 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 filed on $6/9/15$ and $6/11/15$ to Writ WR-78,165-02 was personally delivered to the Clerk of the Court Texas Criminal Court of Appeals on the ${18}^{\text{th}}$ day of June, 2015 at 201 West ${14}^{\text{th}}$ 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

6/91/15 COPIES OF SUPPLEMENTS TO THE RECORD THAT INCLUDE EMERGENCY MOTION FOR LEAVE TO FILE SUP PLEMENT TO ORIGINAL AND AMENDED WRIT ADDING PARTIES AND 6/111/15 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

REFILLED EXHIBITS # 15 AND #20 TO ORIGINAL AND AMENDED WRITS COMPLETED SIGNED AND NOTARIZED OATH ORIGINALLY FILED 6/2/15 BUT NOT SIGNED OR NOTARIZED FOR THE AMENDED EMERGECNY WRIT OF HABEAS CORPUS

$49$

Supplement to Original (and) Amended Emergency H.C. Addins All Parties

Letter (1)

Cover sheet - Supp. To Original Amended Emergency Wait (1)

Letter explains that taking to prourde Cert. of Service to all parties added Table of Contents (2)

Letter Pls. $\frac{\text{fille}}{\text{fide}}$ Cert. of Service with le/2/15 writ Cert of Service (2)

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE Adds Pathic a enfores- cos to the porties addeq

Clerk of The Texas Court of Criminal Appieals Austin, Texas 201 West 14th Street Austin, Texas 78761 Nema Bardin P O Box 772 Austin, Texas 78767 512-487-0197 barchemena@atama.com

Re: Supplement To Original and Amended Emergency Habens Corpus Proceedings in WR-78-165-02 Chadrick B. Parte

Dear Mr. Acoss ta, Please find enailowed" Supplement To Original and Amended Emergency Habens Corpus Proceedings that adds partics to the Writ and provides a Certificate of Service to all parties added to the previously fited documents referenced above. It was a failure/oversight that I did not serve the parties, as I was unatewte of the proper 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 Certificate of Service).

P O Box 722 Austin, Texas 78767 512-487-0197 barchemena@atama.com $6-9-2015$

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITION E:R PRO SE NEMA BAD DIN P.O. BOX 772 XV/STIN, TEXAS 78767 512-487-0197 bardinnemal@yahoo.com

EX PARTE. CHADRICH: B PATE TDCJ #01563340 APPLICAN'T REALTOR

V.S. JANNAK. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN WR-78-J65-02 CHADRICK B PATE

COVER SHEET

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITIONER PRO SE NEMA BAR DIN P.O. BOX 772

AUSTIN, TEXAS 78767 512-487-0E97 bardinnema@yahoo.com

EX PARTIE

CHADRIC K: B PATE TDCJ #01563340 APPLICAN'T REALTOR

FROM CAUSE NO. A-08-5080-4CR

THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

VS.

JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

SEPPEEMENTPOORNGNAZ and AMENDOPEMERGENCY' AABEAS CORPUS PROCEEDINGS $ℰℰ$ WR-78,-165-02 CHADRICK B. PATE

TO THE HONORABLE JUDGE OF SAID COURT:

Now Comes, Pet itioner Nema Bardin pro se on behalf of Applicant Chadrick B. Pate and respectfully submits this suppiement to at e Original and Amended Emergency Habeas Corpus rifings in WR-78, 055-02 Chadrick B. Pate.

The supplement is brought to 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 unschooled in the proper procedures of the Honorable Court and while she is not sure she has interpreted the tôtes correctiy 'on the tôtes th serives, 'on an thindance th vudions, the respectfully teques 'tin' 's an in thern' 'on to add the parties: in order that she does not abuse any procedures that would require the dismissal of the Writ for her failures. The A applicant deserves relief as he has been incarcerated for more than 7 years pursuant to an illegal association and Judgment Sconded on, 'Alabation of bir Comnitioner'Dor Jbance' Righor Fawd on the Court by the Court, and for the Officer's of the Court Tampering with the Government/Court Record, in Cause A-08-5080-4CR Chadrick B. Pate: , from the ${36}^{\text{th}}$ Judaical District Court, Aransas County Texas.

Respectfully Submitted, Nema Bardin Petitioner pro se

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 ${14}^{\text{th}}$ Street Austin, Texas 78701 Nema Bardin P O Box 772 Austin, Texas: 78767 512-487-0197 bardinnema@yahoo.com

Re: Supplement To Original and Amended Emergency Habeas Corpus Proceedings in WR-78,-165-02 Chadrick B. Pate

Dear Mr. Acosta, Please find enrclosed " Supplement To Original and Amended Emergency Habeas Corpus Proceedings that adds parties to the Writ and provides a Certificate of Service to all parties added to the previously filicd documents referenced above. It was a failure/oversight that I did not serve the parties, as I was unsurte of the groper 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 Certificate of Service).

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BAR DIN P.O. BOX 772

XUSTIN, TEXAS 78767 512-487-0197 bardinaem a@yahoo.com

EX PARTE CHADRICK B PATE TDCJ #01563340 APPLICAN'T REALTOR

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

VS. JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS OIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

TABLSE OF CONTENTS

SUPER T O 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 CERTIFICATE OF SERVICE DOCUMENT TO ORIGINAL HABEAS FILED JUNE 02, 2015

CERTIFICATE OF SERVICE SENVED IN SUBJEDY/NTTENTN URIGINAL WHT FIIED JUNE 02, 2015 CERTIFICATE OF SERVICE ON SUPPLEMENT TO ORIGINALAND AMENDED EMERGENCY HABEAS CORPUS

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 ${14}^{\text{th}}$ Street Austin, Texas 78701 Nerma Bandin P O Box 772 Austin, Texa s 78767 312-487-0197 bardinnema@ahoo.com Re:WR-78,1 65-02 CHADRICK B. PATE Certificate of Service serving all parties added to Writ Proceedings WR-78,165-02.

Dear Mr. Adosta, Please file the enclosed Certificate of Service with the Writ WR-78,165-02 filed on June 02, 2015.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITION E:R PRO SE
NEMA BAH DIN
P.O. BOX 772
AYISTIN, TEXAS 78767
bardinnema@yahoo.com

EX PARTE:
CHADRIC K. B PATE TDCJ #01563340 APPLICAN'T REALTOR

VS. JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS OTRECTOR OF TEXAS OERT. CRIMINAL. JUSTICE

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

CERTIFICATE OF SERVICE

I do hereby certitly that a true copy of the following instruments Writ of Habeas Corpus WR-78,165-02, and <menora' Eme rgency Writ or Habeas Corpus were sent reguar maito the roifowing parties trar rlave deen aubau'to hese Original Habeas Corpus Proceedings. The copies were mailed on this $9^{\text{th}}$ day of June with proper postage affixed o same.

Aransas County District Clerk's Office Pam Heard 301 NorthLive Oak Rockport, Texas 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 ${14}^{\text{th}}$ Street $5^{\text{th}}$ Floor Price Daniel Bldg. Austin, Texas 78701 $512-463,9988$

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITIONNER PRO SE

NEMA BA RIIN P.O. BOX 772

AUSTIN, TEXAS 78767 512-487-0197 bardinne:m a@yahoo.com

EX PARTIE

CHADRICK B PATE TDCJ #01563340 APPLICANT REALTOR

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

VS.

JANNA F. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

CERTIFICATE OF SERVICE

SUPPLEMENTTO 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" were mailed regular mail with the proper postage affixed on this $9^{\text{th}}$ 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 O Box 700 Sinton, Texas 78797 1..

CERTIFICATE OF SERVICE CONTINUED

Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West ${14}^{\text{th}}$ Street
$5^{\text{th}}$ 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 Em ergency Habeas Corpus Proceedings" was personally hand delivered by me to the Clerk of The Texas Court of Criminal Appeals at 201 West ${14}^{\text{th}}$ Street Austin Texas 78701, on the $9^{\text{th}}$ day of June, 2015

Nema Bardin Petitioner

6/9/15

EMERCENCY Motion For heave to File

Letter (1) Table of Contents (2) Copy of aboe letter (1) Cover Sheet Em.mot heave toFile motion (4) GRFER (4) Certificate of SUs. (2) 0878t (1)

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE

Clerk of The Texas Court of Criminal Aupueals Austin, Texas 201 West ${3.4}^{\text{th}}$ Street Austin, Texias 78701 Nema Bardin P.O.Bov 772

Austin, Texas: 78767 512-487-0197 bardinnemus 60 shou.com Re: "Emergency Motion for Leave to File" in previously filed Original and Amended Emergency Habeas Compis; Writ No. WR-78, 165-02

Twar Mr. JACOAra, Please find eric losed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc WR, 78, 165-02. Please file this Motion right away as it is time sensitive:

$$\text{Austin, Texas:}78767$$

512-487-0197 bardinnemals shou.com $4/4/13$

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMABARDIN P.O. BOX 772

AUSTIN, TEXAS 78767 512-087-0197 bardinnesina@yahoo.com

EX PARTE CHADRICK B PATE TDCJ #01563340 APPLICA'NT REALTOR

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

VS. SANNAK. WHATELY TRIAL JUDGE STATE OFF TEXAS DIRECT OR OF TEXAS DEPT. CRIMINAL JUSTICE

TABLE OF CONTENTS EMERGENCY MOTION FOR LEAVE TO FILE IN PREVIOUSLY 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-08-5080-40R.

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 $2\frac{1}{2}3$ PROCEDURAL HISTORY PAGE 2 REASON TO FILE AS EMERGENCY PAGE 3 ADEQUATE REMEDY PAGE 3

TABLE OF CONTENTS CONTINUED PAGE 2

CONCLUSION PAGE 4 PRAYER PAGE 4 PROPROSED ORDER 1 page CERTIFICATE OF SERVICE 2 pages PETITIONER'S OATH 1 page

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 ${14}^{\text{th}}$ Street Austin, Texas 78701 Nema Bordis P O Box 772 Austin, Texas 78767 312-487-0197 bardinnemalg yahoo.com Re: "Emergency Motion for Leave to File" in previously tiled Original and Amended Emergency Habeas Corpus Writ No. WR-78,165-02

Deas Mr. Arzo.s.ta. Please find eric losed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc WR-78 165-02. Please file this Motion right away as it is time sensitive.

Austin, Texas 78767 $512-487-0197$ bardinnemalg yahoo.com $t_1{a}_{115}$

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITIONNER PRO SE SEMA.R.A.RDIN. P.O. BOX 772

AUSTIN, TEXAS 78767 512-487-0197 bardinnema@yahoo.com

EX PARTIE
CHADRICK B PATE TDCJ #01563340 APPLICANT REALTOR

V.S.

JANNAK. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

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 RELLEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR

COVER SHEET

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
512-487-0197
bardinnem a@yahoo.com

EX PARTIE
CHADRICK B PATE TDCJ #01563340 APPLICANT REALTOR

VS.

JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

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 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 THE HONORABLE JUDGE OF SAID COURT:

WOW COMES, Petitioner Nema Bardin on behali of Applican Chadrick B. Pate prisoner Wiegally confined at the Stiles Unit, Beaumont Texas pursuant to an illegal and void Judgment and Conviction and respectfully 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 Emergency Application For Original Writ Of Habeas Corpus.

And Motion for Temporary Relief for Bail Seeking Relief from Void Final Judgment and Conviction.

JURISDICTION

The Court of Criminal Aqpeals has Original Jurisdiction 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 'Exparte' V. 20ung 418 SW 2d 824,827 1968.

PROCEDURAL HISTORY

The Original Writ of Habeas Corpus WR-78,165-02 lays out the procedural history before it's May ${19}^{\text{th}}$ filing into this Honorable Court. Some of that history is included herein.

The Initial Ha'beas Corpus filed pursuant to the Void Judgment in Trial Court Cause No. A-08-5080 4CR 36 ${}^{\text{th}}$ Judicial 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 court 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 any way. Applicant did amend that Motion on the $5^{\text{th}}$ Day of January 2015 and asked numerous times for a decision between the the $5^{\text{th}}$ day of December 2014, and the $5^{\text{th}}$ day of January 2015.

Finally on May ${18}^{\text{th}}$ because that court ignored the motion, Petitioner filed the above mentioned Writs and Motions into this Court. Applicant Pate deserved a "hearing" on the merits of his Initial 11.07 Writ and on his "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

and then AMENDED EMERGENCY HABEAS CORPUS WRIT (with bail request) filed on June 02, 2015. Each filing was delivered by Petitioner in person to the Clerk of this Court. Petitioner is filling Pro Se, and unschooled in the law and did not realize that it was a required procedure that a "MOTION FOR LEAVE TO FILE" must accompany the "ORIGINAL WRIT OF HABEAS CORPUS". Petitioner is still not sure that she has inteppreted Rule 72 as a necessary procedure but in an abundance of caution to avoid any procedural default files this "EMERGENCY MOTION FOR LEAVE TO FILE" incorporating this Motion with all other Writs and or Motions previously filed pursuant to Writ No. WR-78,165- 02, and Trial Court Cause NO. A-08-5080-4CR, CHADRICK B. PATE.

REASON FOR FILING AS AN EMERGENCY

Because Petit ioner 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 determination be made expeditiously. It has been 19 days since the Original Writ was filed with no action having been taken by this Court. While Petitioner understands that her inability to file the paperwork properly at times in this cause has probably delayed the submission to the Justices it makes Appliciunt Pates illegal incarceration no less important or illegal. Applicant Pate has beent illegally incarcerated for more than 7 years and Petitioner has offered up the proof of his illegal incarceration, conviction and judgment by submitting the Trial Courts own Records. Any delay in making a determination on these matters only prolongs applicant's misery and allows the continuation of the abuse of Applicant's rights to "due process" and the right to his liberty. Petitioner contends that this Honorable Court has the power to on it's own motion or by suspending certain rules can grant the relief that Applicant deserves in a much more expedious way than the tedious and time consuming

requirements of each and every procedure required by the Rules of Appellate 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 co nimit. Applicant believes that under normal circumstances that The Writ of Habeas Corpus is and expedient process for most prisoners, but the subject of these proceedings are not normal circumstances, these are Extraordinary Circumstances, and deserve Extraordinary Attention and Determinationis.

ADEQUATE REMEDY

This Court opined in Smith v. Flack 728 S W 2d : "In some cases, a remedy at law may technically exist; however, 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 Petitioner request that this Honorable Court will provide relief to Applicant in a way that allows it's authority to move expeditiously and finally. Applicant is aware that Mandamus might have also been a remedy that she could have applied for, but is unsure of that option being as expeditious as Habeas relief. If Mandamus is a more expeditions option, then perhaps this Honorable Court has the option of construing Petitioner's Writ as such.

CONCLUSION

Because Piro Se Petitioner has brought a reasonable argument for good reason to grant "Motion for Le ave to File" then this Honorable Court should do so in an expedious manner.

PRAYER

Petitioner prays that this Honorable Court grant her Motion for Leave to File all documents in Writ Cause 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.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITIONER PRO SE

NEMARARDN P.O. BOX 772

AUSTIN, TEXAS 78767 512-487-@197 bardinnema@yahoo.com

EX PARTIE
CHADRICK B PATE TDCJ #01563340 APPLICANT REALTOR

VIS.

SANNAK. WHATELY TRIAL JUDGE STATE OFF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL 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 A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR.

After consider ing the Emergency Motion for Leave to File by Petitioner in Writ No. WR-78,165-02, and for good cause appearing, IT IS HEREBY ORDERED that said Motion is hereby GRANTED.

IT IS SO ORDERED. Date: June $$ 2015

Honorable Judge Judge of The Texas Court of Criminal Appeals

CERTIFICATE OF SERVICE

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITIONER PRO SE NEMA BA RDIN P.O. BOX 772

AUSTIN, TEXAS 78767 512-487-01 97 bardinnemıa@yahoo.com

EX PARTIE

CHADRIC K B PATE TDCJ 001563340 APPLICA!NT REALTOR

FROM CAUSE NO. A-08-5080-4CR THE DISTRICT COURT 36TH JUDICAL DISTRICT ARANSAS COUNTY, TEXAS

VS.

JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

CERTIFICATE OF SERVICE

EMERGENCY MOTION FOR LEAVE TO FILE

IN PREVIOL ISLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENC'M APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING REL LIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR.

I do hereby certify that a true copy of the above and foregoing "Emergency Motion for Leave to File" was mailed regular mail with the proper postage affixed on the $9^{\text{th}}$ day of June, 2015 to the following parties, and a true original "Emergency Motion for Leave to File" was personally delivered by Petitinnet to Clerk of The Texas Court of Criminal Appeals at 201 West 14th Street, Austin, Texas 78701 .

PARTIES

• A cmeas County District Clerk's Office

Pam Heard 301 North Live Oak Rockport, Texas 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 ${14}^{\text{th}}$ Street $5^{\text{th}}$ Floor Price Daniel Bldg. Austin, Texas 78701

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

PETITEONER PRO SE

NEMA BARDIN P.O. BOX '772

AUSTIN, TEXAS 78767 512-497-01 97 bardinmema@yahoo.com

EX PARTIE

CHADRICK B PATE TDCJ #01563340 APPLICANT REALTOR

V'S.

JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT. CRIMINAL JUSTICE

PETITIONER'S OATH
EMERGENCY MOTION FOR LEAVE TO FILE

IN PREVIQ USLY 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

STATE OF TEXAS

COUNTY OF TRAVIS I Nema Bardin, being duly sworn, under oath says" $\mathit{f}$ am the petitioner in this matter and I know the contents of the above "Emergency Motion For Leavé To Fife", and according to my belief, the facts stated in the document are true.

Subscribed ancl Swarn To Before me an June $9^{\text{th}},2015$ .

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78, 165-02

EX PA RTE CHADRECK B. PATE TDCJ NO. 01563340 APPLECANT

NEMA BARDIN PETTIDONER V. JUDGE JANNAK. WHATELY

FROM THE DISTRICT COURT 36TH JUDICIAL DISTRICT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR

EMERGENCY MOTION FOR RELEIF SIEQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF PURSIUANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS CORPUS WR-78.165-02

COVER SHEET

RECEIVED IN COURT OF CRIMINAL APPEALS JUN 022015

AbelAcosta, Clerk

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78, 165-02

EXPANTE

CHADRIICIK B. PATE TDCJ NO. 01563340 APPLIC ANT

NEMA BLAIRDIN PETIJIONE V.

JUDGE JA.NNA K. WHATELY

ERGMA THE DISTRICT COURT

36TH JUDICIAL DISTRICT ARANSAS COUNTY, TEXAS CALISE NO. A-08-5080-4CR

EMERGENCY MOTION FOR RELEIF

REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF PERSUAAYTO THE CINDERLYING ORIGNAL EMERGENCY WRIT FOR HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES, Petitioner Nema Bardin on behalf of Applicant Chadrick B. Pate and respectfull) submits this Emergency Motion for Relief pursuant to and on the Original Writ of Habeas Corpus filed in this Court on May, 19", 2015 .AND Amended Emergency Original Writ of Habeas Corpus filed on this date June 02, 2015 seeking relief from Cause No. A-08-5080-4CR a Void Judgment. Sentence arid Conviction ordered in the ${36}^{\text{th}}$ Judicial District Trial Court Aransas, County Texas, and certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment in Cause No: A-08-50804CR is Void for lack of Jurisdiction, Fraud on the Court, and Tampering with a Trial Court Government Record therr this Motion also pertains to relief from Cause No. WR-78.-165-01 The Intial Writ of Habeas Corpu:s filed into this Court on or about 6/21/2011 and was denied on 3/6/2013 without

written ordler by Judge Cochran, and from Cause No. 13-09--00112CR affirmed 10/27/2010 from the Thirteenth IDistrict Court of Appeals.

These two Judgments are void because they each Baw from the illegal and Void Trial Court Judgment in A-08-50180-4CR. Chadrick B. Pate.

JURISDICTION

Because this Motion flows from the filing of Petitioner's Original Writ of Habeas Corpus it has jurisdictioar for the same reasons it has Jurisdiction over the Original Writ filed on the ${19}^{\text{th}}$ day of May 2015 and Amended Writ filed on this date June 02, 2015 pursuant to Article V Section 5 of the Texas Constituti on and Amendments 1, 5,6 and 14 of the U. S. Constitution . See Exparte Thompson 273 S. W. 3di 177, 181 (Tex. Crim. App.2008) showing this court to have general jurisdiction over Original Habeas Corpus See Tex Const. Article V

STATEMENT OF THE CASE

Petitioner Niema Bardin filed an Original Writ of Habeas Corpus in this Court on May 19th, 2015, and then filed an amended Writ on June 02, 2015 by hand delivering it and speaking personally with Mr. Abel Acosta Clerk for 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 of the Writ and why it was being filed as an Original Writ under this Courts inherent power and jurisdiction to provide the relief requested. Mr. Acosta took the Document after reviewing some of the paperwork with Petitioner and stated that he would file: it. On May ${22}^{\text{nd}},2015$ after checking her mail box, Petitioner found that there was no notification from the Court providing notice that the Documents had been filed. Because Petitioner's address is local she called Mr. Acosta to inquire about the filing of the documents. He stated that she should have received a post card. A conversation regarding the filing and docketing and the rules and

procedures that are required on the kind of Writ that Petitioner filed left Petitioner confused. Because Petitioner was told that there were no deadlines for the Court to make a decision on the Writ that she had filed, arid 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 exception of the last two digits, Petitioner was in a quandary, and decided that she had better study the Trap rules more thoroughly. Petitioner checked her mail again on May 23, 2015 and the Post Card had still not arrived at her downtown P O Box 772

Austin, Tex.as. After reviewing the Trap Rules, Petitioner felt that there should be a requirement on the time frame for a decision on the Serious Matter of a Writ that challenged the Judgment of the Trial Court as leeing Void for Lack of Jurisdiction. Petitioner filed an Amended Emergency Writ of Habeas Jorgus on this date June 02, 2015 hand delivered to the Clerk and has at the same time filed this Emergency Motion for Releif also hand delivered on June 02, 2015 to the Clerk.

It is not Petitioner's intent to overide this Court with endless Petitions/Motions, it is only her intent to follow the procedures (although as a layman they are incredibly confusing to her) she does not want the Writ to be denied for failure to follow the rules or procedures. Applicant lost his liberty becaluse the trial court purposely failed to follow the rules and the 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 for Emergency Relief", with the hope that the Original Writ of Habeas Corpus will not be denied for her failure in misunderstanding the Trap Rules and Procedures/Protocols that the Clerk's Office uses to see that these kinds of Writs are filed and journaled properly and expeditiously.

The Petitioner has filed her Original Writ for Habeas Corpus into the proper Court See Thompson 273 § W 3d 177, 181 (Tex. Crim. App. 2008).

If what Mr. Acosta says is true, that the Court has no time limit for a decision on the Writ, and it could be years before a decision, then Petitioner and Applicant do not have an adequate remedy for relief.

See In re Me Cann 422 S W 3d 201 (Tex. 2013) showing:that the remedy is not adequate if the remedy is: uncertain, tedious, burdensome, slow, inconvenient or, inappropriate, then it is deemed to be ineffective (quoting from Greenwell v. Court of Appeals for the Thirteenth Judicial Dist 359 S. W. 3d 645.648-9 (Tex. Crim. App 2005).

With this in mind Petitioner respectfully request that this Court take immediate action and grant Applicant Baill on a Personal Recognizance Bond freeing him from incarceration until which time this Coum can reach a decision on the merits of the Petitioner's claims and that immediate action be taken on this Motion and on the Original Writ of Habeas Corpus filed on the ${19}^{\text{th}}$ day of May 2015. and the Writ fified amending on this date June 02, 2015..

More than a (14) 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 undeniable proof that the Trial Court Tampered with the trial court recorcls, violated Applicant's right to a fair and impartial trial, lied to jurors held ex parte hearings and manipuilated the Judicary in order to obtain an illegal conviction over Applicant. Applicant has' provided the trial courts own records that prove the claims that she has made. Applicant received nc fair and impartial 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 Jiucige of Criminal Dist. Court No. Three of Tarrant County 118 S W 34.

If Petitioner has failed to follow any rules or procedures, this Motion nor the Original Writ should be denied for such a failure. In Judge Acala's dissent in the case of Tyrone Casey Sledge citing Ex Parte Greves 70 S W 3d 103-107-(Tex. Crim. App 2013) she concluded: that the purpose of the Habeas Statute was to limit subsequent writs to regulate the influx of applications raising claims that were only recently cognizable rather than to limit the traditional common law claim that the trial court

lacked jurisdiction over the case. She concluded that The legislature may not withhold the right of habeas corpus Tex. Const. Art. 1, 12 (The Writ of Habeas Corpus is a Writ of right and shall never be cuspended.)

CONCLUSION

Petitioner's filing of the Original Writ of Habeas Corpus presents not only exceptional circumstances for which relief should be granted, but it should be granted to meet the very ends of justices. Recausa the Tesse, Count of Criminal, A mpeale, is the last, rean, and State, remedy for relief, from a Judgment that is Void for Lack of Jurisdiction, and because to deprive Applicant of his only effecti ve State remedy would not only be contrary to the rudimentary demands of justice but destructive of a constitutional quantity specifically designed to prevent injustice, and because The Writ lies as a traditional civil remedy for the enforcement of the right, to personal liberty, not a stage of the state criminal proceedings or as an appeal therefrom, and because The Court of Criminal Aqquends may take action authorized by constitutional provision, and under common law, and it's inherent and implied power, this Motion for Emergency Relief should be granted and The Original Writ requeosting relief should be heard as an emergency and all relief requested in the Writ should be granted.

PRAYER

Petitioner prays that this Honorable Court will hear and grant and issue Order on this Motion for Emergency Releif immediately providing for BAIL on a Personal Recognizance Bond and that it issue Order to rule on Petitioner's Original Writ of Habeas Corpus and grant all relief requested there-in and do so within 7 days of this filing. Petitioner grays that this Honorable Court by granting such requested relief will at least see that Applicant's Liberty is restored quickly and unconditionally.

Certificate of Compliance

Petitioner has telephoned the District Clerk of Aransas County, The Disctrict Attorney of Aransas County, Judge Janna K. Whately and the Director of TDCJ and notified each of them that this Emergency Motion for Relief would be filed. Petitioner spoke with a staff member in each insdance and provided the notification, however Cookie at the Director's office could not hear an e due to some kind of telephone interfifence. Petitioner made every effort to notify.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

EXPARTE CHADRICK B. PATE TDCJ 0156:33-40 APPLICA!NTJREALTOR

$𝐕$ .

PRESIDING JUDGE JANNA K. WHATELY

CERTIFICATE OF SERVICE

I do nereby certify that a true orugman of the above and toregoing Emergency Motion for Relief was personally hand delivered on the $2^{\text{nd}}$ day of June 2015 to The Texms Court of Criminal Appeals Clerk's Office at 201 W. ${14}^{\text{th}}$ Street, Austin Texas 78701.

$6|11|15$

Completed & S isned
Certificate of Service for
$612/15$
Mailed to all Parties

Refiled Exhibits # IS & 30 to Qg. is Amended etc. $5115-612$ QATH Property Completed for $612/15$ Mailed to all Parties

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78, 165-02

EX IPAFITE CHADRECK B. PATE TDCJ NO. 01563340 APFLICANT

NEM A EIA RDIN PETI TIONER V. JUDGE JANNAK WHATELY

PETI TIONER'S INFORMATION

NEM A BARDIN P. O. 301 x 772

Aus tisa, Texas 78767 512-4/87-0197 cell

CERTIFICATE OF SERVICE I do her eby certify that a true original of the above and foregoing application of Emergency Original IHa beas Corpus was personally hand delivered on the 2MD 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 JANNA K. WHATELY P.O. BOX 700

SINTON TEXAS 79387-0700

ARANSAS COUNTY DISTRICT CLERK'S OFFICE 301 NORTH LIVE DAK STREET ROCKPORT, TEXAS 78382

PAGE 1 OF 2

CERTIFICATE OF SERVICE

ARANSAS COUNTY DISTRICT ATTORNEY 301 NORTH LIVE OAK STREET ROCKPORT, TEXAS 78382

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78, 165-02

EX PAHTE

CHADIRICK B. PATE TDCJ NO. 01563340 APULACANT

NEMA B A RDHN

PETITOINER V.

JUDGE. JANNA K. WHATELY

FROM THE DISTRICT COURT 36TH JUDICIAL DISTRICT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR

OATH

STATII OF TEXAS, COUNITY OF TRAVIS

I NEMA BARDIN BEING DULY SWORN, UNDER OATH SAYS: I AM THE PETITIONER IN THBS. A MENDED EMERGENCY ORIGINAL HABEAS CORPUS ACTION AND KNOW THE COIN TENTS OF THE ABOVE APPLICATION FOR WRIT OF HABEAS CORPUS AND, ACCOOLIIING TO MY BELIEF, THE FACTS STATED IN THE APPLICATION ARE TRUE.

SUBISCHIEED AND SWORN TO BEFORE ME JUNE 2015

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO.

EX PARTE: CHADRICK B PATE TDCJ #0 1563340

FROM THE THE DISTRICT COURT 36TH JUDICIAL DISTRICT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5888-4CR

COVER SHEET EXHIBIT 15 MASTER INDEX CHRISTOPER HALL REPORTERS RECORD 1-11 PAGE 2

$\pounds 1\pm 15$

CAUSE NO. A-08-5080-2-CR(HC3)

EX PARTE: ( IN THE DISTRICT COURT ) 36TH JUDICIAL DISTRICT

CHRISTOPHER JOSEPH HALL ( ARANSAS COUNTY

INDEX

Index ..... i Order from Court of Criminal Appeals ..... 1 Correspondence to budge and Distriti, Attorney ..... 4 Order Appointing Attomey ..... 5 Order from District Court Judge Janna K. Whatley ..... 6 Indicament of 3.2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Scanned Jan 26, 2012

Scanned Jan 26, 2012

Correspondence to Defendant ..... 217 Judgment of Conviction by Jury; Sentence by Jury to Institutional Division, TDCI ..... 218 Receipt for Pen Packet ..... 223 Notice from Court of Appeals ..... 224 Claim for Fetory/Isvernile Attomey Fees ..... 225 Correspondence from Defendant ..... 229 Cover Letter ..... 229 Order from ${13}^{\text{th}}$ Court of Appeals ..... 230 Notice of Setting ..... 233 Correspondence from Defendant ..... 234 Order Allowing Withdrawal of Counsel and Appointing Now Counsel ..... 236 Affidavit of Indigence with Order Appointing Counsel ..... 238 Fax Notification of Appointment ..... 243 Cover Letter from Court of Appeals ..... 245 Judgment and Opinion from Court of Appeals (Withdrawn) ..... 241 Cover Letter from Court of Apposis ..... 277 Judgment and Opinion from Court of Appeals ..... 278 Clean for Fetory/Jownile Attomey Fees. ..... 388 Correspondence from Defendant ..... 311 Correspondence to Defendant ..... 315 Correspondence from Court of Appeals ..... 313 Maridate ..... 314 Coun Docket Sheet ..... 315 Certification ..... 319

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO.

EX PART I: CHADRICK B PATE TDCJ #01:5:63340

FROM THE THE DISTRICT COURT 36TH JUDICIAL DISTRICT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR

COVER SHEET EXHIBIT 20 REPORTEERS RECORD VOLUME 6 OF 9 PAGE 221 LINES 1-25 CHADRICK PATE

THE COURT: We haven't talked about your client yet, so. MR. GILMORE: Well, Judge, anything he says is hearsay as to my client. Anything that Mr. Haill says --

MS. CABLE: -- as to Chadrick Pate, Judge, as far as that goes, but I ask to be able to get inno the acmissions made by this defendant, Christopher Haill. MR. GILMORE: May we approach the bench? (The following discussion was hard at the bench.) MR. GILMORE: Then I ask the Court to sewer Mr. Pate from this case at this time because they're going to get into evidence that's not admissible against him and is going to be used against him. So I object and I'á ask for a severance.

MR. CABLE: I believe that the third by so instruction, Judge. They can be cried together: and there can be an instruction as to the jury not considering that against chasirich there.

THE COURT: See, I'm at such an unfair advantage. I have no idea what this guy's going to say and on. I isn't 'know 'now I'm going to make a ruling on this because I have no idea what he's going to tell us.

MS. CABLE: He's basically going to say,

Case Details

Case Name: Pate, Chadrick B

Court Name: Court of Appeals of Texas

Date Published: Jun 18, 2015

Docket Number: WR-78,165-02

Court Abbreviation: Tex. App.