Case Information
*1 Billy C. Wilkins T817648 050 W. Commerce Brownsood, Tex. 76801 391583-39140
SNARON KELLER, Residing Judge:
For many many years I've come to you in reference to this case. I come before you again complaining about not receiving fair treatment when over and over I've shown your court that I am innocent of the crime in which I was convicted. In 13872-8 filed on 07/31/2000 were exhibits of the investigation report conducted by deputy sheriff Vance Hill. This report stant es, the complainant saw a white male a Dodge pickup at her house. This white male was walking in front of this pickup with guns in his hands. The white male drop ped the guns in front of the pickup got into the drivers seat and drove away. This report says she pursued the suspect south on 279 to Grosvenor area and down some country roads. She lost this vehicle in the southeastern partia of Common Country. She said this vehicle was gway in color with a maroon bottom. This complainant even manage to get the LP of the suspect vehicle. A short time later, A short time later from what? Bobby Grubbr located the suspect vehicle. He dossist describe this vehicle he located. The report says the described suspect was driving the vehicle. I was not identified as being the described suspect. Yet, I am a white male but that doesn't das cribe me as the suspect. The report says, No identifiable printre where locusts on a TV, in the house or on any weapon disturbed. The report merely mentions When I was arrested officers did locate an RCA VCR and a digita satellite system receiver. However the report does not indicate where it officer located there items.
*2 Ok, at that time I did not have a copy of the State's arrest offidow I callon a complaint. Scott Steele the defense lawyer did not provide me with any material sought through discovery. It was 2001 a Ruby Lee Smith mailed to me while I was at Bill Clement Unit in Amarillo a copy of the States arrest offidavit of Larry Dak Smith. I admitt I did not know what it ment, a innate looked at it and gave me homer What he seen I did not know, I just didn't have sooo to find out: By the file stamp on thatcomplaint I wrote to Bonnie Lappe and request any complaint files against me by the State. When I received it, I went into shock. It was the same identical copy as Larry Dak Smith's. Knowing that the indictment had been dismissed against Larry in 1995, I was entitled the same relief. I still did not understand what was wrong but I was researching. Because I had wrote Scott Steele asking him for a copy of the complaint but what he sent me wasn't any complaint. In 2006 I wrote Scott again he answered and sent to me Petersen Y. State 781 S.W. 2d 933 (Tee Crim. Dep. 1989), State 2007 (Tee Crim. Dep. 1992), I did the very best I could ans wrote up 13, 872-3. Your court was going to dismiss the case. Ton Brown the District Court Clerk told me because I left one thing out of that applis ation, your court dismissed the application and gave a order for writ thuser Since that date I have fought hard at trying to get a hearing on Actual Innocence and your clerk denies each and ever application. In the arrest affidavist (complaint) Assistant District Attorney Craig Willing ran the one who framed the complaint liked and added in the inveriga ien information by stating, Located in the vehicle was a vCR and a digit al satellite receiver. Not what is stated in the investigation report. However, the affiant Voice Hill does not charge that I commit any sugary. So Craig amits the facts surrounding the offens, this suppose to inform me about a that I was suppose to have done to
*3 Commit this burglary and implied the pleading changing we with burglary Penal Code 530.02 (a) (3). By apending this comp: sient for the arest Craig Wilhigism war the accuser for the buiglary then I war proceeded by the same District Attorney? Office for sommitting this crime. Because the indibtment tracks the same language or Craig changes in the complaint cause a unconstitutional indietment. The trial court lacked jurist dist ion to adjudicate the guilt and sentence me to 99 seert impo sement. Such facts were just presented to your court in Application 13-872-AG and you Clerk denied to present it to your court for a review all because of the order for writ abuse. Then this absolutely marks Judge ACALA a Lier! Read your Courts opinion in Ex parte Sledge, 2019 Tex. Crim. App. LEXTS 158 (Tex. Crim App. January 16, 2019). The majority opinion drew a well reasoned dissent from Judge Alcafa who concluded that the Court had jurisdiction to address applicants subsequent writ because (1) the requirements governing subsequent writs do not apply to a claim that the trial court lacked jurisdiction and, alternatively, (2) if those requirements do apply a jurist distional claim raises a constitutional violation that satirifier the procedural requirements so as to permit review. Also see Ex parte Elizondo, 997 S.W. 2d 302 (Tex. Crim. App.1996). A claim of actual innocence is not a constitutional vio. tation within itself, but it is a gateway a petitioner must pass to have his otherwise barred constitutional claim: heard on their merit. The Court grooted relief in Sledge's applicants non-
*4 subsequent companion application because the trial could lasted furisdiction.
Application 13, 872-AG, WR: 39, 583-39 was just such an app location. Big book letters on the front page NON-SUBSEQUENT COMPANION APPLICATION.
Why am I not entitled to a denoun review concerning the complaints question of law, and the indietment question of law? Must I bring a Civil Action Lawsuit against the law of Criminal Appeals for publishing lies in these opinions of other cases reviewed?
A GUIDE TO ARTICLE II.O? WRITS OF HABEAS CORPUS
CLINION BRODEN BRODEN &; MICKELSEN
Paper by Michael F. Stauffacher, Supervising A attorney, Best Conviction Writ, Courtaf Criminal Appeals
I ask this court upon its own motion to order a deneved review of my application for a wirt of habear corpus because of the complaint and indietment being a question of law.
Thank you for your time and help with this matter. Respectfully yours, Biaq. C. Wibkins