Case Information
*1 Cancer No. 11 Fs 746 - 202(8) 231600-11 RECEIVED IN COURT OF CRIMINAL APPEALS In the stressoress Rejcand D. Teece Court of Caimins P. 899 peals Raspase To The Tuil Court's CRAf Recommending Denial of Applicants-Application for Hakers Corpus, Comas Now the Heard-Daumel Application in his Cause And in hes reoponse to the tuil Court's statement that his Application in wilt of Hakers Corpus who Conusly ted And difficult to Seciphon And that the time he apent in the Custody of Another in this Cause Was Not Continious.
The Appllent will stow this Honnable Court by Clear &; Conciar languagefeyicbore in hes reoponse to the tuil Court's orders, Wrth the Applicontis entitled to his (16) Montho back Tailtime Cudit. (a). The tuil Court have tacitally Conceded that the Applicant was auested on August 21, 2011 on A Bovie County wauantio "Said Cause" And have Conuctly stated Cass County Jeld that Charges on the Applicont while he was auesiting tansfer to Bowieconty, And A ubuant/hold was placed on the Applicont out of Bowie County, fending disposition of the Cass County Charge. Appllent was Cenitence on March 19,2012 in thewant to Remontho State Oul And Bowie County
*2 Note released the relevant/Hold. The Order went on to state the "Applicant Assets that he is entitled to this time Cucht (16) Months, he seled in the Custody Another the Warrant/Hold is true and he is why". (1) The trial Court makes the Propositio as the Sourdo in its value that the Applicant was Released to the Streets' by Cass County, he is not entitled to the (16) Months IAll time Cucht he spent in the Custody of Another in this Cause." Because the in Cascuntion was Not Continuous". (2). The Applicant Was Dole "Released to the Streets" by Cass County, as the Tual Court based its haling on. (3) On a Atout Mouch 2, 2012 the Applicant was Sentence to (ko) Months State IAll (4) After the Applicant Was Sentence, the Cass County Shuvid Dept, Jail Captain, Notified Bowie County Sheriff of vice that the Applicant has been Sentence And Bowie County Could take Custody of the Applicant. (5) On a Atout April 25, 2012 the Applicant was Transplanted to: Duacl Shaw State IAll where he would he main Until Completion of the (16) Months Sentence because the Tual Court/Bowie County, tailed to exucial due-dilengence to take Custody of the Applicant after repeated phone calls to Bowie County. 28800000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
*3 (6) It is the Practice of TOC to Notify Any State Agency that have An Active Wouranthold, they have the of yooks in their Custody And Infrom them of his/he Rerding Release. state. Ohnefne, Bobbie County, it was Notified once Again of the Applicant's USheve-Abouts, failed however, to excucise due-diligence to take Custodyg the Applicant. (7) After SeRuing (16) months on December 21,2012, BualShaw State Jail, Release me to the Custody of the Millie county. (Tevarkana) Arkansas FARole Supervision. Applicant was on farole in Arkansas) (8) Applicant was then taans fited on December 21,2012 to the Millie County Arkansas (Tevarkana) FARole Office. After Meeting with his FARole Officer, Concerning te in statement of his FAROI, "Applicant was Re leasd to the Strect" By the State of Arkansas FAROIons And FAROIe Division on December 21,2012 (9) Applicant was Dever Released to the Stuats" by Cass County, Tc As the Counts Kailing tieDosel, but remain Incarcerated LnckR the Custody of Another, Since August 21, 2011- Ohnefne, his Incarceration under the Article WrERant] hold that he bas Auested for in Cass County, Tc on August 21,2011 was "Continuous" And the Applicant is "Entitled" to his (16) months Jail BALL time Cudit in the Constructive Custody of Another.
*4 (10) On January 2, 2013. Applicant was Re-Avested in Rowe County, Te LARe the Active Wawanthold that he was Initially Arrested on August 21, 2011. In this Cause in Cass County, Te (See Exhict) (11) Mowder, If the Applicant Was Released to the Stuets," "Eusoeously" Due to Mofeillt of his own. Does Not Negate the fact that the (110) Months was" "Continous" Applicant Unlike Wobaus while Release. Chewyow, he is of all entitled to the (110) Months he Devied in the Obnotuective Custody, a Ansther on the Wawant that the Applicant was Initially Arrested on in Cass County, Te August 21,2011. (12) The Tial Court Also, Proposition this Honorable Court tocleny his (Art.11.87) Wuit of Hateas Copus on Procedural Sounds. (13). Tial Court have had these Desirable facts otated benein before them when the Applicant (12) A Motsion Rule-Pus-tunc seeking his (116) Months (12) I Cuedt, Mumbewus letters written to the Tial Court, And Know that the Applicant was "Weber Released to the Stuart" by Cass County, Te As the Trial Court Alleged. Trial Court, I believe only save the Applicant Has dyes over on 110 Months. Applicant'dow everything possible And the only Cause left Available to Him was to Ele A Wuit of Habeas Copus (Art.11. on Cc p) (14) Mouder, talking About Not following Procedure. Applicant
*5 Wittg Habeas Copus (1107) Was fled Duer (6) months Ago And the only Reason the Tual Court made An Attempt to Answer Was this Court's Order. Shewjme, the tuil Court is in 100 Position to Argefe Procediality. (15) The Easy VeRijable Facts Stated herein was Begin the Court in his Wilt of Habeas Copus And other Motions And letter So thun is Nothing Convaluted on difficult to understand. Tual Court/Bowie County, Ty Knew the Where Abouts of the Applicant-Because County And State Agency's that held the Applicant in thun Constructive Custody Wititied them of Such.
Wherelme, Applicant flays that this Honorable Court Quant his Wilt of Habeas Copus (Aet.11070ep) And give Him the Re lef cited therein Credit g(110) months Sendel in the Custody of Another under A Basile County Wouent/Isld From August 21, 2011 to December 21,2012 In this Cause.
Do the best of his Applicant States that These flect that are Stated herein is Tues And Conect so Shelp him Goct. (5)
*6 Dear Mr. Abel Hoostar, Clerk Dense find enclosed beegn Appiicent's Response to the Tual Count's Order Kecomending Denied of his Writ of Hakeas Capus (11.07.00) in Tual at WSE 1150406-2024, WR-23, 600-11
Dense file this Response with the Agreementoried Case Number.
Sour help bnd Cooperation this matter is Sently Appreciated, with kindest personal Leguies Zemanis