Case Information
*1 TO: CLERK OF THE
COURT OF CRIMINAL APPEALS .OF TEXAS RECEIVED IN P.O. BOX 12308, CAPITOL STATION AUSTIN, TEXAS 78711 COURT OF CRIMINAL APPEALS DATE: JANUARY·~;2015 fEB 09 2015 FROM: GEORGE WILLARD MAY
TDCJ-ID#1079659
DALHART UNIT
11950 F.M. 998
DALHART, TX~79022
RE: REQUEST FOR DISCRETIONARY REVIEW ON 044504-B,NOT BEING A WRIT
CHALLENGING A CONVICTION
DEAR CLERK:
I am s en d in g t h i s cop y o-f my 11 . 0 7 [11] 0 U T- 0 F - T I ME A P P E A L [11] to v e r i f y to this Court that this writ never c h a 11 eng e d my conviction ;: it.:~. (044504-B) does not stop my rights to file another 11.07 wtit~df habeas corpus to chsllenge my conv~ction. The trial court was in error by recomending that this court deny 044504-C as subsequent. I.w~~ ~rititled to be heard through my 11.07 writ of .1habeasccorpus 044504-C, the first writ challenging my conviction.
It is my understanding that this cour.t can on its own discretion, decide to review an improperly denied writ.(044504-C) so I am sending 044504-B Application and Page one of 044504-B of the Memorandum in the hopes that.this proof that 044504-B is not challenging my .conviction will be looked at and I Pray that~this court will in it's own discretion decide toGreview 044504-C as my first writ challenging my convicton.
I am only sending the Application as proof. If the complete document is needed, I will gladly send it upon request. I would also glady s~nd to~this court my 11.07 044504~C upon request. Again it is my first writ challenging my conviction an.d should not have been denied as subsequent.
As clerk ,would you please date stamp this packet and present i~ to the court fdr their discretionary review. Thank you so much for your time and consideration in this matter.
Sincerely, ~ ~-L)~ GEORGE WILLARD MAY TDCJ-ID#1079659 *2 ,,
I~ THE COt:RT OF CRI\11\AL APPEALS OF TEX.-\S APPLICATIO~ FOR A WRIT OF HABE.-\S CORPliS SEEKING RELIEF FRO~l FI:\At FELONY CO~\'ICTIO:\ UNDER CODE OF CRI\'11:\AL PROCEDURE. ARTICLE 11.07 \:\\1 E: _ __.:!.G..!:.E.!:'O . ..!.l.R.!i!.G.~:.E-.!!!W.=.I..~.LJ.L.nA.uR..IlD_.oM.nA...LV _______________ _ DATE OF BIRTH: _o_Ei_/_o_a_/_ 1_9_5_2 ________________ _ PL\CE OF CO\FINE\1ENT: DALHART UNIT, 11950 F. M. 998 I DALHART I IX.
79022 TOCJ-CID :\l"\lBER: 01079659 SID \l"\IBER: - - - - - - - - (I) This application concerns (chcd; i.lllthi.lt apply I:
0 a conviction parole [j
0 a sentence 0 mandatory supervision
0 time credit out-of'-timc appcal or petition for
discrctiona~· re\"iew (2) \\'hat district court entered thc judgment of the com·iction ~·ou want rclief from?
l Include the coun numhcr and count~·.! 59TH JUDICIAL DISTRICT COURT, GRAYSON COUNTY, SHERMAN TX.
(3) What was the case number in the trial ~:ourt'?
44504 What was the name of thc trial jud~c'!
HONORABLE JUDGE RAYBURN M. NULL JR. : .. ~ ·: :~ ·--·- Eflix:tiv..::.li.lnuarv 1.2014 ·.-- ....
R~.:,·. 01'14!14 *3 •,
•
''
(5) Were you represented by counsel'! If )'es. pro\· ide the attorney's name:
YES, MR. THOMAS SHEA AND MR. KERMIT HILL (6) What was the date that the judgment was entered'!
APRIL 27TH, 2001 For what offense were you convicted and what was the sentence'? (7)
AGGRAVATED SEXUAL ASSAULT OF A CHILD-20 YEARS CONFINEMENT If you were sentenced on more than one count of an indictment in the same court at (8)
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.)
0 guilty-open plea 0 guilty-plea bargain KJ not guilty 0 nolo ctJntenderelno contest If you entered different pleas to counts in a multi-count indictment, please explain: (I 0) What kind of trial did you ha\'e'!
0 no jury ag jury for guilt and punishment 0 jury for guilt, judge for punishment Rev. 01/14/14 *4 I . .
( 1 1) Did you testify at trial'! If yes. at what phase of the trial did you testify'!
YES, AT PUNISHMENT PHASE OF TRIAL (12) Did you appeal from the judgment of com·iction'?
0 no
If you did appeal, answer the following questions: (A) Whatcourtofappealsdid~·ouappcalto'? FIFTH SUPREME JUDICIA! DIST. 05-01-01 251-CR (8) What was the case number'?
(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
YES, MR. JASON BUTSCHER
(D) What was the decision and the date of the decision'? C 0 N F I R ME D • MARCH , 2 0 0 2 ( 13) Did you file a petition for discretionar)· re,·iew in the c:ourt of Criminal Appeals?
0 yes 0 no
If )'OU did file a petition for discretionary review, answer the following questions: N/A (A) What was the case number?
(B) What was the decision and the date of the decision'! -~N'-/.!..!A _____ _ (14) Have you previously filed an application for a writ of habeas corpus under Article
I 1.07 of the Texas Code of Criminal Procedure challenging thi.'i conviction'?
0 yes KJ no
If you answered yes. answer the following questions:
(A) What was the Court of Criminal Appeals' writ number?
R~.:v. 0 I 114/ 14 *5 (B) What was tht.• decision and the date uf the decision'! ~N..!../...:...A.:__ _ __ __ _ ((') Please identif)· the reason that tht.• t.·urrcnt claims wen~ not presented and could
not han been pn·scntcd on your prnious application.
N/A N/A
N/A
N/A
( 15) l>o you currt>ntly han" an~ petition or appeal pending in an~· other state or federal
court'!
If ~·ou answered yes, please prO\ ide the name of the court and the case number: N/A If' you are prest'nting a claim for time cn·dit. ha,·c ~·ou rxhausted ~·our
( 16)
administrative remedies b~· presentin~ ,yuur claim to thl" time credit resolution system of the Tt>xas Department of Criminai.Justice? (This n•quirt'ment applies to any final felon~· con,·ic:tion, includine state .iail felonies) 0 no
N/A
If you answered ~·es. answer the folio\\ in~ questions:
(A) What date did )OU present the claim'! _.:..N:.:../...:.A_;__ __________ _ (8) Did you receh1c a decision and. if ~·t.·s. n hat was the date of the decision'!
If ~·ou answered no. plcasl' explain why ~·ou han not submittt.•d your claim:
Re\·. 0 I/ J.fi 1-+ *6 N/A
N/A
N/A
N/A
( 17) Beginning on page 6, state cmrdse(r 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. lfyour gromubi and briefsummoiJ' of the fact.'t ha••e ntJt been pre.'iented on the form applicatimr, the Court will not com;ider your ground!!·.
If you hne more than four grounds, use pages 14 and 15 of the form, which you ma)'· cop~· 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 ~·ou 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 ''alidi~· of your con,·ictinn, please include a summary of the facts pertaining to your offense and trial in your memorandum.
Rev. 0 I /14/14 *7 ' . UK;T
£ GROU~I> 0:\E:
APPLICANT STATES HE IS ELIGIBLE FOR AN "OUT-OF-TIME APPEAL BECAUSE OF CONSTITUTIONALLY INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL
ACTS SUPPORTI~G GROUND 0:'\E: APPLICANT IS NOT CHALLENGING HE IS SHOWING THIS COURT CAUSE FOR BEING ELIGIBLE FOR AN "OUT-OF- TlME APPEAL", BECAUSE APPELLATE COUNSEL WAS "CONSTITUTIONALLY INEFFECTIVE'' FOR NOT RAISING TO THE APPEALS COURT "ACQUITTAL ISSUES" AND "MORE MERITORIOUS ISSUES" THAT ARE OBVIOUSLY APPARENT IN THE REVIEW OF THE COURT RECORDS. APPLICANT IS CURRENTLY ILLEGALLY CONFINED AND RESTRAINED IN HIS LIBERTY A T T H E D A L H A-~_!__ U N I_!_ __ .~} 1 1 9 5 0 , F . M . 9 9 8 , D A L H A R T T X . 7 9 0 2 2 .
APPLICANT WILL SHOW THIS COURT EIGHT ISSUES THAT WERE OBVIOUS AND HAVE NOT BEEN TAKEN INTO CONSIDERATION BY THE COURT OF APPEALS. THESE EIGHT UNRESOLVED ISSUES ARE "ACQUITTAL ISSUES" AND "MORE MERITORIOUS ISSUES" THAT SHOULD HVAE BEEN RAISED BY APPELLATE COUNSEL. APPLICANT ALSO SHOWS THIS COURT THAT
Re\. 01/14'14 *8 ., ' . '
EVEN THOUGH IT HAS BEEN OVER FIVE YEARS SINCE THE DIRECT APPEAL WAS AFFIRMED, APPLICANT HAS NOT HARMED.OR PREJUDICED THE COURT AND THAT HE HAS BEEN DELAYED BY GOOD CAUSE IN HIS PURSUIT OF JUSTICE. APPLICANT WILL SHOW THIS COURT THESE EIGHT ISSUES "NOT PRESENTED BY APPELLATE COUNSEL" IN THE MEMORANDUM OF LAW IN SUPPORT OF THIS WRIT. THESE EIGHT ISSUES THAT WERE "NOT PRESENTED BY APPELLATE COUNSEL'' ARE CONSTITUTIONAL INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL. AGAIN, APPLICANT IS NOT CHALLENGING HIS CONVICTION IN THIS 11.07 HABEAS CORPUS APPLICATION. HE IS ONLY SHOWING THIS COURT THAT HE IS ENTITLED TO AN "OUT-OF-TIME APPEAL" BECAUSE OF CONSTITUTIONALLY INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL. THIS IS A ONE GROUND WRIT FOR AN "OUT-OF-TIME APPEAL". THE LIST OF "ISSUES NOT PRESENTED BY APPELLATE COUNSEL" IS ON PAGE ONE OF THE MEMORANDUM OF LAW ATTACHED TO THIS WRIT.
7
R~.!\ . 0 I I 14/14 *9 ' ..
GROLJ~D TWO: FACTS Slii'PORTI~(; GROliND TWO:
R~o:\. 01!1-l'l-1
GROlJNI> THREE:
FACTS SUPPORTING GROV~O THREE:
Ill
R~:'. 0 I I 14/14 II
RcY. flJ.'J4.'14 *13 GR<WND FOt:R:
FACTS SliPPORTI:"'G GROUND FOUR:
12
R~.!Y. 01/J.tl-t Rc". 01'14/ 1-i *15 ..
GROCND: 1-t
. '
15
Rc\. 0111-VI-t *17 J
WHEREFORE. APPLICA~T PRAYS THAT THE COtRT GRANT APPLICA~T
RELIEF TO WHICH HE \1.-\ Y BE ENTITLED 1:\ THIS PROCEEDING. VERIFICATIO~
This application must be 'en lied llr it will he dismissl·d l(lr non-compliance. For \eritication purpo:>es, an applicant is a person tiling the application nn his or her own behalf. :'\ petitioner is a person tiling the application on be hal r of an applicant. li.)r cx.ampk. an applicam· s allomcy. An inmate is a person who is in custody. The inmate applicant must sign either the "Oath B..:forc a ~~1tary Publit:" before a
nntary pub! il: or the "Inmate. s Declaration .. without a not<H)' public I r the inmate i~ repre~cn((.'d by a liccns..:d attom..:y. the allomcy may sign the "Oath lklim! a Notary Public" as petitioner and then complete "Petitioner's lnfom1ation ... A non-inmate applicant must sign the "Oath Before a 'otary Publtc·· bcfon: a notary public unlcs:. he is n:prcscntcd hy a licensed anomcy. in which case the attorney may sign the \'crilication as petitioner.
A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" hd(Jrc a notary public and must also compkte "Pt:titiom:r's Information." An inmate petitioner must sign either the "Oath Bct<xc a ~cllary Public" bcli.1re a notary public or the "Inmak's Declaration" without a notary public and must aiS(l compktc the appropriate "Petitioner's Information."
OATH BEFORE .-\ NOTARY P~BLIC
STA TF. OF TEXAS
COUNTY OF N/ A
-·---·-....... __ .. ___ ... _. ___ _!Y~_ .. ·- _ ... ···----- .. being July swom. under oath says: "I am the applicant. petitioner (circle one) in thi~ <tction anJ knuw the wnt~..:nts of the above application for a writ of habeas corpus anJ. according Ill my belid: the facts stated in the application an: true.'' N/A ...... ------ - - - - - - - - - - - - - - -
Signature of Ap!)licant i Petitioner (circle one) SUBSCRIBED Al\D SWOR\J TO BEFORE \1E TillS DAY OF . ~0
Signaturl' ot'~otary Puhlic 16
Re\. OJ.'I·VI4 *18 --·-··----·---..
QtpPLICANI~ PRO-SE
PETITIONER'S I~FORMATI<Y'i
APPLICANT PRO-SE
P~titiuncr's printed name: G E 0 R G E WILL A R D MAY # 01 0 7 9 6 59 Stat~ bar number, if applicable: _----..:...N'-'-1 8 _____________ _ Address: DALHART UNIT
11950, F.M. 998
DALHART, TEXAS 79022
Tclcphonc: __ _ N_/_A _________ _
Fax:
INMATE'S DECLARATIO~
I. G E 0 R ~-E WI L ~~~ MA :. ___ .am rh~pli~~~;:;,Pctitioner (circle one) and being presently incarcerated in -~~-~8 L HA~~---~~~_T ________________ .declare under penalty of perjury that, according to my belief. the 111cts stared in the above application arc true and correct.
Signed on ----'.._/::::: 2 '- [1] 20 / .J../_2-=-·---· __ ~ -·.·/ ;' j -.. . ·._,.. /'. / "-' .. L'- ..._ ;,; _ ~ / l.J .-z-'::...1 I • . ((" . Signaturd ol~~~~ql_JUI Petitioner (circle onc).f 17
Rev. Olil4/14 *19 . 1 ..
APPLICANT PRO-SE
PETITIO~ER'S I~ FORMA TIO:"i
APPLICANT
Petitioner"s printed name: GEORGE WILLARD MAY #01 079659 Address: DALHART UNIT
11950 F.M. 998 DALHART TEXAS 79022
Tdcphonc: ___:N..:.:/:.....A:..:._ ___________ __ _ _
Fax: - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Signed on-~-- _______ _:___[ ___ ..... . ~0 - --~~-~{.&/__?71~ Signature of Petitioner flpplicant 18
Rev. Ol/14il4 *20 fjt<..,r s~~Jrv"- I! /2.[) c) {V j)_5. -7 ;L roDe lT 5. A.4.c__
LIST OF ISSUES NOT PRESENTED ISSUE#1 APPLICANT IS ACTUALLY INNOCENT, A CONSTITUTIONAL MANIFEST
MISCARRIAGE OF JUSTICE CAUSED HIS WRONGFUL CONVICTION ISSUE#2 CONSTITUTIONAL RIGHT TO A FAIR TRIAL WAS VIOLATED WHEN THE
COURT ALLOWED IMPERMISSIBLE "OUTCRY TESTIMONY/OUTCRY WITNESS". ISSUE#3 CONSTITUTIONAL RIGHT TO A FAIR TRJAL WAS VIOLATED WHEN THE
COURT ALLOWED IMPERMISSIBLE VICTIM/WITNESS .TO TESTIFY ISSUE#4 APPLICANT ARGUES HE WAS DENIED HIS LIBERTY WITHOUT DUE
PROCESS OR DUE COURSE OF LAW BECAUSE EVIDENCE WAS INSUFF ICENT TO PROVE ALL THE ELEMENTS OF THE OFFENSE"BEYOND A REASONABLE DOUBT"
ISSUE#5 APPLICANT ARGUES CONSTITUTIONAL INEFFECTIVE ASSISTANCE OF
TRIAL COUNSEL ISSUE#6 APPLICANT WAS DENIED DUE PROCESS AND DUE COURSE OF LAW AND
A FAIR TRIAL BECAUSE OF SUPPRESSED MATERIAL EVIDENGE - A BRADY VIOLATION
ISSUE#7 CONSTITUTIONALLY FUNDAMENTALLY UNFAIR WHEN THE COURT FAILED
TO RULE ON CRITICAL OBJECTIONS OF DEFENSE AND PROSECUTION ISSUE#B CONSTITUTIONALLY FUNDAMENTALLY UNFAIR WHEN THE COURT FAILED
TO DIRECT THE JURY TO DISREGARD ANY STATEMENTS REFERRING TO THE APPLICANT FROM STATEMENTS MADE FROM THE SECOND VIDEOTAPE
EVITTS V. LUCEY,469 U.S. 387. 105 S.Ct.830 (1985) Stating:
"IF THE APPELLATE ATTORNEY FAILED TO RAISE AN ISSUE ON APPEAL, THAT WOULD HAVE BENEFITED THE APPLICANT, THE APPLICANT MAY BE ELIGIBLE FOR OUT OF TIME APPEAL."
1 .