Case Information
*1 CERTIFICATE OF INTERES'rED PERSONS
...... .. ') ~· IN THE COURT OF CRIMINAL APPEALS AUSTIN. TEXAS . \ / PETrrioN' .. FOR WRIT OF HABEAS CORPUS SEEKING RELIEF FROM UNLAvli"UL CONFINEMENT UNDER VOID ~JDG~m~tr AND VOID COURT ORDER RE~DERED ~R
THE OFF~~SE AGGRAVATED ROBBER~ CAUSE NO. 913043 FR0£>1 THE !83RD JUDICIAL DISTRICT COURT, HARRIS COUNTY, TEXAS This document contains some pages that are of poor quality at the time of imaging. ~
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INTE~ESTED PERSONS: \''\ ,Judgb Vanessa Va':\,a..Squez Criminal Justice Bldg •• 18th Fl. 1202 Franklin Houston. Texas 77002
RECEiVED !N Assistant District Attorney (COURT OF CRfMIN!.t APPEALS l03rd .Judicial District Court APR 28 2015 Criminal Justice Bldg •• 18th Fl. 1201 Franklin Houston. Texas 77002
Ab@J Acosta, Crerk (Petitioner) Samuel Roy Jackson TDC..J-!Oii 1268721 Nathaniel J. Neal Unit 9055 Sour 591 Amarillo. TX 79107·-9696
-~.·· / i *2 I ',. ...._\ TABLE OF CONTENTS CERTIFICATE OF INTERESTED PERSONS i
TABLE OF CONTENTS
. II TABLE OF.AUTHORITIES . iii
ISSUES 'DO BE. ADDRESSED •
Section(A) C.C.P. • Articles of Law
' . CRIMINAL LAW KEYS GROUNDS FOR RELIEF CONCLUSION SUf1MARY ~ATOR'S REQUEST
.. DECLARATION OF PENALTY OF PERJURY • CERTIFICATE OF SERVICE • Appendix:
Contents: Documents (A) • (B), (C), (D), (:t;:), (F), (G), (H) .(I) (.J) {i'f) (LJ i i *3 INDEX OF AUTHORITIES page . { ~J
Addison v. State• 28 S.W.2d 55 Tex Crim App 1955 In re Alexander• 243 S.W.2d 822 Tex App San Antonio 2007
. ((gl Tex Crim App 1962 Bender v. State• 353 S.W.2d 39, 171 Tex CrUn:·628 n1 Carpenter v. State. Cr App 1949, 153 Tex Crim 218 S~W.2d 200;7 • (tf~ Catching v. State. 285 s.W.2d 233. 162 Tex Crim 342 • (lz) Colbeat v. State. 314 S.W.2d 602. 166 Tex,Crim 431 • Davis v. State. 503 s.W.2d 241 [Tex Crim Ap~ 1 1974]
C~t
(2l
Ex parte Drake· 883 S.W.2d 213 Tex Crim App 2002 ...
Halbadier v. State. Cr App 1920 • 87 Tex Crim 129, 220 S.W.95 .•
(~] Ex partE7 Haskin·. 801. S.W.2d 12 Tex App Corpus Christi 1990 <?}
Ho v. State. 856 S.W.2d 495 Tex App Houston [1st Dist.]
(9) . Maddon v. State. App 7th District 1982. 630 S.W.2d 380 Ex parte McClain. Cited as 67 S.W.3d 205 Tex Crim App 2002 . (8) Naff v. State• 946 S.W.2d 529 (2)
In re Parr• 199 S.W.3d Tex App Houston [1st Dist. 2006]
Ex parte Rogers. 820 S.W.3d 35 Tex App Corpus Christi 1991 Ex Parte Rosborough. 783 S.W.2d. Tex App Houston [1st Dist.] 1987.
· · · - - - Shackelford v. State• 516 S.W.2d 180 [Cr App 1974] ( 2.) Spigener v. Wallis• 80 S.W.3d 174 Tex App Waco 2002 • f5Jttp)_ State v. Edwards. 808 S.W.2d 662. ccn Ex pare~ 'rownsend. 135 S.W.3d 79, 81 [Tex Cr App 2002] (tiJ Wells v. State• 516 S.W.2d 663 • -4/.t:if;_A.JlJ"UJitl.T..!~--ftd ~- iuLJ.J_jpJ ... (c_fttJ:..S'=="lf.X_(q.J..tl..l-.Yle.l ( £'0 --A R1'' tutu A y_j{, Rill I 'l_f_IJLJ..d=!. 1::t:7.~===-.::.···=· .......,=---------~
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IN THE
*4 COURT OF CRH1Il-.JAL APPEALS
AUSTIN. TEXAS
Petitioner. § FROM THE 183rd JUDICIAL DISTRICT SAMUEL ROY JACI\SON. §
§ COURT OF HARRIS COUNTY. TEXAS Vs. § § AGGRAVATED ROBBERY: THE STATE OF TEXAS § CAUSE NO. : 913043 PETITION· FOR vJRIT OF HABEAS CORPUS PURSUANT TO U.S~C~A .. CONSTITUTIONAL FOURTEENTH AMENDMENT (VERNON"S ANN.). TEXAS CONSTITUTION ARTICLE 5 AND 11.
SEEKING RELIEF FROM VOID JUDGMENT. VOID SENTENCE AND VOID COURT ORDER.
UNLAWFUL CONFINEMENT UNDER CAUSE No.: 913043 COMES NOW • Petitioner • SAMUEL ROY JACKSON, -in the. above-styled caption and .Cause and presents ~his Petition for Writ of Habeas Corpus pursuant to U.S.C.A. Constitutional Fourt2enth Amendment. Vernon's Ann •. Texas Constitution Article 5 and 11. Seeking relief· from a Void Judgment. Void Sentence and Void Court Order rendered without jurisdiction or subject rnatter jurisdiction vested in the 183rd Judicial District Court at jury trial. in \-.rhich Petitioner was wronsfully convicted for the offense Aggravated Robbery Cause No. 913043. in which he is currently incarcerated for.
In support of his petition. Petitioner will show the Court the following:·
I
Jurisdiction -of the Court of Criminal Appeals According to Code of Criminal Procedure Ann .. Article 11.05 Citing: Chavez v. State. 132 S.W.3d.509. 510(Tex App Houston[lst.Dist.] 2004) no pet. Original Jurisdiction to grant a \Kit of habeas corpus in a criminal case .is vested in the· Texas Court of Criminal Appeals·. the District Courts. ·the County Courts. or a judge in those Courts. Tex.Code.Crim.Proc.Ann .. Art. 11.05. [WEST 2005] Ex parte viJatson v~ State. 96 S.W.3d 497, SOO(Tex App Amarillo. 2002); Ex parte Hawkins. 885 S.~'7.3d 586. 588(Tex AppEl Paso 1994).
- 1 - *5 Ex oarte Drake· 833 S.H.2d 213 Tex Crim App 1994: A general rule; A Post conviction writ of habeas corpus is· reserved for those instances in which there was jurisdictional defect in trial court which rendered judgment void for denial of fundamental or Constitutional rights. Inre Parr. 199 S.W.3d 457, Habeas Corpus Key 445, Judgment or sentence may be collaterally attacked by means of a petition for writ of habeas corpus only where they are void because trial court lacked jurisdiction. Tex Crim App 1999. Tex.App.-Houston [lst Dist.] 2005. A perty may collaterally attack a judgment of a court of general jurisdiction in another court of equal jurisdiction i f the underlying judgment is void. Armentor v. Kern. 178 S~W.3d 147. a petition for writ of habeas corpus is one type of collateral attack. Judgment Key 470.523 C.J.S. Judgment 499 533.
Tex.App.-Houston [14 Dist. 1995] Judgment \vithout jurisdiction is void. It is not entitled to recognition in any State and it is subject to collateral attack. U.S.C.A. • Const. Amend. 14. Vernon's Ann. Texas Const. Art. 5 and 11. Soigener v. ~\Jallis. 80 S.W.3d 174(Tex.App.-l'llaco 2002).
Citing: Ex oarte Seidel: Cite as Vol. 39 S .W .3d 221 (Tex.Crim.App. 2001) Criminal Law Key 1493: lack of jurisdiction·over caserenders the judgment void and may always be collaterally attacked. Criminal Law Key 990.1. A void judgment is a nullity and can always be attacked at any·time.
The writ of habeas corpus is an extraordinary remedy that is available when there i.S no other adequate remedy at law. Ex Qarte Townsenq. 137 S.W.3d 79. 8l(Tex.Cr.App. 2004) Habeas Corpus Key 201. 271.
Jurisdiction of the Court [Adjudicated Fact] the Court of ·Criminal Appeals in Austin. Texas has the jurisdiction over·:Pe'Eitioner Jackson's J:)etition for writ of habeas corpus seeking relief from unlawful confinement cause by a void court order rendered
- 2 - *6 d•Je to a void judgment rendered without any jurisdictional authority ov~r Petitioner Samuel Roy Jackson: which is a U.S.C.A .. Const. Amend. 14 Due Process violation.
Citing: Ex parte Seidel: Cite as Vol. 39 S.W.3d 221· Tex.Crim.App. 2001. Criminal Key 1493: Lack of· jurisdiction over case· renders the judgment void and may always ·be collaterally attacked. criminal Law Key 990.1. A void judgment is a nullity and can always be attacked at any time.
ISSUES. TO BE ADDRESSED· ·
(A) Is the aggravated robbery complaint #913043 a valid complaint. And does it satisfy the Constitutional Requisites of a· charging instrument? (B) Did the aggravated robbery complaint #913043 vest jurisdiction in the 183rd District Court? (C) Are the information.a:ccusations·in the aggravated robbery complaint #913043 valid information·. and· did the information accusations asserted on the face of aggravated robbery indictment's·charging paragraph vest Judge Joan Huffman with personal jurisdictional authority overPetitioner Samuel Roy Jackson? (D) Did Judge Joan Huffman have jurisdiction to conduct subsequent jury trial under aggravated robbery indictment Cause·No. 913043? (E) Is the judgment rendered by the jury under agg robbery indictment #913043 a void judgment? (F) Is the court order issued by Judge Joan Huffman ordering Petitioner Jackson to serve 35-year. s;entence in the custody of the Director· of the· Texas Depart ment of Criminal Justice- Correctional Institutions·Division (hereafter TDCJ) for the offense aggravated robbery Cause No. 913043. a void court order issued by Judge Joan Huffman without personal jurisdiction over·Petitioner Jackson? (G) Is Petitioner Ja:ckson unlawfully confined in the custody·of TDCJ director. Rick Thaler. under a void judgment and void court order rendered in the 183rd
- 3 - *7 District Court of Harris County for the offense aggravated robbery Cause No .. 913043? (H) Is . T. William an Assistant District Attorney who prepared the aggravated robbery complaint #913043 reflected in the top-righthand corner by T.W.D.A. ? "Argument"
If T. Williams is an· Assistant District Attorney who "initialed" his first name in the jurat of aggravated·robbery complaint #913043. then aggravat ed robbery complaint #91:?043 (according to. Article 15.5 T.C.C.P.) is an invalid complaint. Citin.g: Wells v.- State. 516 S.W.2d 663. Texas Code of Criminal Procedure (Vernon's Ann.) Article 15.5. A prosecuting attorney cannot sign as the Affiant in the· jurat of Complaint.· A person authorized to present an Information and conduct a prosecution cannot be the Affiant to the Complaint supporting Information.
NOI'E:. Should it be found that Petitioner Jackson is unlawfully confined under a void judgment and a void c9urt order. this Honorable Court should issue a Habeas Corpus·ordering Jackson's immediate release.
In order.to correct this blatant ·injustice connected to Jackson's unlawful incarceration under a void judgment·under aggravated robbery Cause No. 913043. at the Nathaniel Neal Unit (TDCJ-CID), 9055 Spur 591. Amarillo. Texas 79107:
CITING•OF AUTHORITIES:
Ex Parte Seidel. Cite as Vol. 39 S.W.3d 221 ··Tex Crim App 2001. Criminal Law Key 1493. Lack of jurisdiction over case renders the judgment void and may always be collaterally attacked.
Ex Parte Seidel. 39 S.W.3d 22l(Tex CrimApp 2001). Criminal Law Key 990.1 A void judgment· is a nullity from the beginning and is attended none of the consequences of a valid judgment. It is entitled to no respect whatsoever
- 4 - *8 .because it does not affect. impair or create legal right. Ex Parte Spaulding. 68 S.W.2d at 745.
Tex App Houston [14th Dist.] 2007. A judgment is void so as to be subject to collateral attack. when·it is apparent that the court rendering the judgment had no jurisdiction of the parties or ·property.· no ·jurisdiction· of the subject matter. no jurisdiction to enter the particular judgment. or no capacity to act. Staytzenberqer. v. State. 232 S.W.3d 323.
Tex App Tyler 1991. State v. Edwards. 808 S.W.2d 662. Fundamentally defec:- tive information is void. does not effectively invoke Court's jurisdiction \ over defendant and will not support conviction. [Section One] Applicable Law: Requirements by Constitutional Requisites of a Charging Instrument: Such as Complaints. Information and Indictments. (A) Criminal Law Key 990.1 (B) Code of Criminal Procedure Article 15.5. 15.4 Vernon's Ann. (C) Code of Criminal Procedure Article 222. 415. 414 (D) Indictment and Information-Key 41(3) (E) Vernon's Ann •. Tex c.c.c., Article 21. 22
GROUND FOR RELIEF: fA)
Unlawful Confinement in TDCJ
Urider· Cause No. 913043 Due to Void Judgment rendered· without jurisdictional authority rendered under invalid aggravated ·robbery complaint and information under-cause No. 913043. in the 183rd Judicial District Court of Harris County. Houston. Texas. [Facts Supoorting Ground]
On May 24, · 2002 the Harris County· District Attorney's Office filed an invalid aggravated robbery complaint ·#913043-in the-Harris County District Clerk's Office. Charles Bacarrise. which was filed in the 183rd Judicial
- 5 - *9 District Court ·of ·Harris County. Texas. See A0pendix Document (A). Copy of Aggravated Robbery Complaint #913043.
[Fact Established ·in the Record] Officer M. A. Khan is reflected as the Complainant who filed Aggravated Robbery_ Complaint ;F913043. See Appendix Document (B). Copy of l83rd District Court Aggravated Robbery Docket text #913043. However. !1. A. :Khan did not sign as the Affiant in the jurat on the .face of Aggravated Robbery Complaint #913043. causing the complaint to be an invalid complaint. [Citing of Authorities] Tex Crim App 1962. Complaint not signed by Affiant was fatally defective and conviction on information based on such information was reversed. Vernon's Ann .. T.C.C • .:? •• Art. 222. 415. Bender v. State. 353 S.W.2d 39. 171 Tex Crim 623.
Colbeat v. State. 314 S.W.2d 602. 166 Tex Crim 431. A complaint which is not swornto by Complainant is of no effect and will not support a prosecu- tion by information. Vernon's Ann. • 1'.C .C~P .. 415. 414.
[Fact] "Complainant" Officer N. A. Khan did not swear to the jurat. T. William signed on the face of Aggravated Robbery Complaint :!f913043. See_ Apoendix Document (A). [Citing of Authorities] Caroenter v. State. Cr App 1949. 153 Tex Crim 218 S.I.V.2d 207. Indictment and Information Key 41(3). Tt}e Complaint must be
I
Authenticated by Jurat of officer before whom it Has made and in.the absence of a valid complaint there can be no·valid·information. 'r. William is not listed as one of the ten Houston
[Adjudicated Facts] Police Department (hereafter "HPD") officers named· on the face of- Assistant District Attorney . Brad Hart·' s subpoena filed in the l83rd District Court·. On the face of Brad Hart's sub:Joena ·it is reflected Aggravated Robbery · Compla:i,nt #913043 's Offense Report #072416202. See Appendix Document (C).
- 6 - *10 Assistant District Attorney Brad Hart's Subpoena. Also see. Appendix Document (D), HPD Offense Report fW72416202~ T. Williams is not listed as a HPD Officer under Police report #072416202. Officer M. A. Khan andOfficer z. A. Brown are listed as "Reporting Officer(s)" on the Aggravated Robbery Police Report #072416202.
[fact:] The jurat of Aggravated Robbery Complaint #913043 (hereafter "The Complaint") was not authenticated by HPD Office/Agency nor any other Office/ Agency because T. Williams is not found ±n the record as a Police Officer. The jurat of The Complaint NE>T "Authenticated" by the "Complainant". Officer M. A. Khan IS INVALID. Officer M. A. Khan's signature does not appear anyvJhere on The Complaint. Therefore • The Complaint does not meet the Const·it utional requisites of a .charging instrument: thus causing it to be ari Invalid Complaint that did not vest jurisdiction in the 183rd District. Court under Cause #913043.
[Citing of Authorities] Tex App Houston [lst Dist.]. Ho v. State. 856 S.V'I.2d 495, valid complaint is prerequisite to valid information and proper jurat is essential to valid complaint. Complaint that is not sworn to before some official or person in authority is insufficient to constitute basis for valid conviction. Vernbn's Ann .. T.C.C.P.·, Art. 21. 22~
[Fact] Officer M. A. Khan. the "Complainant" did not swear in the jruat of The Complaint before the Assistant District Attorney whose Texas State Bar Number is "SBOT# 1827741". therefore The Complaint is INVALID.
[Fact] T. William is not a competent person tb swear to the accusations alleged in the Affidavit on the face of Agg Robbery Complaint :,~913043, because T. William is not the "Complainant" nor is T. 1-villiam one of the ten HPD Officers who conducted the Crime Scene Investigation· under HPD Offense report #072416202: therefore. the jurat of Complaint ',~913043 was "signed and sworn to" by an incompetent uncredible person.
- 7 - *11 [Citing of Authorities] Halbadier v. State. Cr App 1920. 87 Tex Crim 129. 220 s.w. 85. Indictment and Information Key 41(3). Where the Affidavit or Complaint on which an Information is found signed by an incompetent person. it is void and the whole proceeding based thereon fails.
[F'act] T. William does not set· forth any source for his belief in the Affidavit on the face of Agg Robbery Complaint 1}913043. Thus. The Complaint is insufficient. See i'1adden v. State. App 7th District 1982. 630 S.~·J.2d 380. Affirmend. 644 S.~v.2d 735.
[Citing of Authorities] Naff v. State. 946 S.'iv.2d 529. Affiant is permit-" ted to base accusations in Complaint on information derived from police report. Vernon's Ann •. ·r.c.c.P .. Art. 15.5
[Fact] In· the detail section of· Officer M'. A. Khan's HPD Offense Report J072416202 ther::e is rio information/accusations· alleging that Jackson used a ~mife as a deadly weapon to threaten Larry Seitzler and take his property by force. or while Jackson was stealing Seitzler's property.
There· is no information/accusation alleging that Jackson· (Suspect :il) had any of Sei:tzler's property in his possession: the .::eason being. Officer t'l. A. I\han testified under cross-examination by defense attorney Robert Scott, stating a Crime ·scene Unit· of the HPD was dispatched and that Unit tested the knife for "prints" but did not find any i:)rints of J·ackson on said knife. See attached ·~A.P,.p...;;e;.;.;n""d;.;;;i""x'-- _ __:t:..::r:..::i:..::a:..::l:....· --=T:..:r:..:a:::.n:.:s:..:c:.:r:..:i::..:;p:..:t:...· _. ..:P....:a:..:g::..:e:....:i'.:..;Jo:...·_· -=· :::!q:::!::::q=- Therefore. the incompetent T. · William did not derive his information/accusations from HPD Offense Report 1)072416202. Ther-efore ·the inforl7lation/accusations alleged in the Affidavit on the face of Agg Robbery Complaint ti913043 are Invalid Information and a violation of T.C.C.P., Art: 15.5.
[Citing of Authorities] Davis v. State: 503 S.lv.2d 24l[Tex Crim App 1974], Information based on fatally defective Complaint is Void. Conviction based - s -
on such information is void. Shackelford v. State. 516 S.W.2d l80(Cr App 1974).
*12 There couid be no void information in the absence of a valid.complaint.
[Issue: Lack of ·Jurisdiction] [Fact] The Complaint ;f913I43 is an invalid AggRobbery Complaint. because
its jurat is defective as demonstrated 'in all of the above-stated Adjudicated Facts supported by Appendix Documents· (A). (B). (C). (D) and (E). and each of the T.C.C.P., Articles listed under each "Citing of Authorities'' above. Therefore. the invalid agg robbery complaint ;;'913043 did not vest the l83rd District Trial Court with subject m·atter jurisdiction or jurisdictional authority over Jackson under Agg Robbery Cause No~ 913043.
[Citing of Authorities] Catching v. State. 288 S.W.2d 233. 162 Tex Crim 342. A valid complaint is a prereCjuisite to a valid information. And without a complaint. County Cour:t has no jurisdiction.
[Tex Crim App 19S5] Addi:son: v. State. 283 S.vJ~2d 55: A valid complaint is a prerequisite to a valid information. and without a complaint• County Court has no jurisdiction.
[Subject] Invalid Aggravated Robbery· Indictment #913043. Invalid In:fonna tion. lAdjudicated Facts] See-Appendix Document (F) - Agg Robbet-y Indictment #913043. On· the· face of Agg Robbery Indictment #913043 tht::? same Invalid information that is reflected in the Affidavit· of Invalid Agg Robbery Complaint ;F9l3043 is reflected on the face· of the Agg Robbery Indictr:tent :t913043. Both the Complaint· and the ·Indictment have the same HPD Offense Report Number. #072416202, same Complaining Witness (Namely, Larry Seitz.ler), same Arrest Date (May 24. 2002) and same Defendant's name (Samuel Roy 'Jackson DOB 3/5/56).
[Fact] The Invalid Informatl.on alleged on the face of Agg Robbery Indictment #913043 did not vest the 183rd District Trial Court with any jurisdiction over Petitioner Jackson. because the information in the charging
- 9 - *13 paragraph on the· face of Indictment #913043 is Void Information that derived from Invalid Agg Robbery Complaint #913043.
[Citing of Authorities] State v. Ed\vards. 808 S.I'J.2d 662(Tex AppTyler 1991) Fundamentally Defective Information is Void· does not·effectively invoke Court's jurisdiction over Defendant and will not support conviction.
[Subject] Void judgment rendered under Agg Robbery rnvalid Indictment #913043 and its Invalid Information. [Adjudicated Facts] Petitioner Jackson was convicted for the offense Aggravated Robbery cause No. 913043. See Appendix· Document (F) - Judgment on Plea Before Jury Court Sheet or Document 913043. Also See Appendix Attached
\ Document (G) Writ Order· to Sheriff Tommy Thomas. Both Docwnents (F) and ( Document (G) reflect the fact · that · "I" Applicant Samuel Roy Jac:Kson was convicted for· the offense Aggravated Robbery Cause No. 913043. ·
The records and documents filed under Cause No. 913043 reflect the Invalidity of the Invalid Agg Robbery Complaint #913043 and its Invalid Information that was set forth in the Charging I Presenting Paragraph on the face of Aggravated Robbery Indictment #913043. \;;-hich by law• did not invoke or vest the 183rd District Court.·Presiding Judge. Joan Huffman. with jurisdiction over Petitioner Jackson. nor was Judge Joan Huffinan vested with subject matter jurisdictin ·under Invalid. Agg Robbery Complaint f-913043. because neither Chai·ging Instrument satisfied the Constitutional Requisites of a charging· instrument ·according to the Constitutional Laws of Texas.
[factual and Legal Argument Claim] Due to lack of jurisdictional subject matter in the 183r·d ·District Com·t.
the judgment rendered· under Aggg Robbery Cause No~ 913043.·at jury·trial conducted in the 183rd District Court. is a Void Judgment rendered against Petitioner Jackson.
- 10 - *14 [Citing of Authorities] [TexAppeal Austin 1999] Vacated. 15 S.W.3d 104 Remand 2000. WL 852697.
A judgment is void only i f the Court rendering the judgment has no jurisdiction over the subject matter. no·personal jurisdiction over a party. ·no jurisdiction to enter the particular judgment or no capacity to act as Court.
Criminal Law Key 990.1: A judgment of conviction for a crime is void when ( 1) the document purporting to be chat-g ing instrument, that is Indictment, Information or Complaint does not satisfy Constitutional requisites of a charging instrumi2nt (2)· thus· trial court has no jurisdiction over defendant (3) record reflects that thereis no evidence to support conviction.
[Argument] Therefore. Petitioner Jackson is unlawfully confined in the custody·
of Rick Thaler in· the TDCJ-CIDunder a· void Judgment Conviction for the offense Aggravated Robbery Cause No. 913043 from the l83rd Judicial District Court. Harris·county. ·Houston. Texas·77002.
[facts] The 183rd Judicial Distdct JudgE!-- Joan Huffman. was not vested with personal jurisdictional authority· 0ver Petitioner Jackson under Invalid Information Allegations· asserted in the· charging presenting paragraph on the face of Agg Robbery Indictment #913043.
GROill\JD 'FOR. RELIEF: ( B}
Unlawful Confinement; Petitioner Samuel Roy Jackson is
Unlawfully Confined in the Custody of Director of TDCJ -CID, Rick Thaler. [Subject]· Void Court Order: The Court Order issued by Judge Joan Huffman under Agg Robbery #913043. Void Judgment Conviction rendered by twelve jurors under Invalid Agg Robbery Indictment Cause No. 913043 ·and its Invalid Informa- tion is a Vol!d Court Order rendered at an illegal jury trial held in the l83rd
- ll - *15 Judicial District Court. The record reflects Invalidity of Judge Joan Huffman's unla\vful assumption of jurisdiction Aggravated Robbery Cause No. 913043.
[Argument] Judge Joan Huffman was without subject matter jurisdiction authority to conduct .a J~P..Y trial in the l83rd District Court of Harris County, Texas. Judge Joan Huffman was without jurisdictional authority to·conduct Vori Dire. allowed State's Prosecutor and Defense Attorney. Robert Scott. to select jurors. to decide whether or not "I" ·-Petitioner Samuel Roy Jackson was innocent or guilty of the offense Agg Robbery under Cause No. 914043.
After Judge Huffman gave the jury the Court·charge without personal· jurisdictional authority under Inval.id Agg Robbery Indictment #913043 and --
its Invalid Information that derzwed from Invalid· Agg Robbery Complaint #913043
and its Invalid Informatin which did not vest the 183rd District Trial Court with jurisdiction.
,CLAIM: Lack of Jurisdiction Over Aggravated Robbery Indictment #913043 ... Information~ [Facts Supporting Claim] ·On· June 18, 2003·, the State reindicted the Petitioner. Jackson. for the offense Burglary of a 8u'll:9lM1 cJ?Fcl1f.l:.U2; hJ:.i,SA.!r.!?.'J21) See Appendix Document "marked" (J)_; Burglary· of a Building Docket 'I'ext 095242 [1] of the 183rd District Court. Also See AopendiX ·Document "marked" (K) ; l83rd Writ Order -filed under Burglary of a Building ·cause No.· 0952420, Ordering Harris County Sherif-f • · Tomniy :Thomas to arrest Jackson and present him before
:::.:... _ _,_·:·J --~--- _. _ __:_:_~c:_- ·--,-- the 183rd District Court for Reindictment of the offense Burglary of a Building Cause No. 0952420~
LFacts] Petitioner \vas· reindicted for- the offense Burglary of a Building. Offense which derived out of the same criminal episode as did the Agg Robbery offense Cause No. 913043~ Both offenses derived from the HPD Offense Report
- 12 - *16 (J) and (Kj in the Attached Number 072416202. See Documents "marked" Appendix.
rrhe Information/Allegations alleging threat \vith a knife with intent to place Larry· Seitzler in fear of imminent bodily injury and death. was not the Information/Accusation set forth on the face of the Burglary of a Building Reindictment No. 0952420. Therefore. the Trial Court was not vested
\ with jurisdiction over the Agg Robbery Indictment #913043 and its Information due to the Reindictment of Petition for the offense Burglary of a Building Cause· No. 0952420. and it.S Information. in which the l83rd ~Judicial District Court was then· "became vested" with s,ubj'ect inatter jurisdiction over the Burglary of a Building Cause No. rtilq,Jj23.f.:ltJ
Sx Parte Reedy. 282 S .w. 3d 492. 502 (Tex Crim App 2009) ; me Parte Gibson. , 800 S.ld. 2d 548. 551 (Tex Crim · · App· 1990) ~--Further. "If the 'instrument comes from the Grand Jury. purports to charge an offense and is facially an Indict- then it is an indictment ~ .. and its presentation by a State's Attorney ment invests the trial court with jurisdiction to hear the case._" Ex ?arte Gibson. supra. See also.· Teal v. State. 230 S.W.3d 172. 180(Tex Crim App 2007). 'rhe proper test to determine if a charging instrumel'Jt alleges an offense "is whether the allegations · in it are clear enough· that one can identify the offense alleged. If they are. then the indictment is sufficient to confer subject matter jurisdiction."
Therefore. since the allegations on the face of the Burglary of a Building Indictment #0952420 are clear enough that one can identify the_offense alleged. the Burglary of a Building Indictment #0952420 conferred ~ubject matter jurisdiction in the 183rd District Court for ·the offense Burglary of a Building but did not confer subject matter jurisdiction for the offense Aggravated Robbery Cause No. 913043: which is the primary Indictment,Petitionf,,,c· was
- 13 - *17 taken to trial for in June 2003 which ended in a mistrial on June 13. 2003. SeE¥ Appendix Document "marked" (13) -- Aggravated Robbery 183td District Court Docket Text. Five days later on June 18. 2003.the State obtained Burglary of a Building Indictment #0952420 from the. 248th Grand Jury in the l83rd District Court~
[FactJ 'rhe 183rd District Court was not vested with jurisdiction or subject matter jurisdiction over Agg Robbery Indictment #913043 after the State abandon the Agg Robbery Indictment ;t913043. then reindicted Petitioner with the Burglary of a Building Indictment #0952420. the act of reindicting Peti tioner · transferred the subject matter jurisdiction from the Agg Robbery Indictment #913043 to the subject matter jurisdiction for the offense Burglary of a Building. Therefore. ·the judgment rendered against Petitioner for the offense Agg Robbery Cause No. 913043 is a Void Judgment rendered without subject matter jurisdiction.
Petitioner was convicted for the offense Agg Robbery Cause No. 913043 on October 28. 2004. On the same date the State Dismissed the Burglary of a Building Cause No. 0952420. See Appendix Document "marked" (J).
The Court of .Cr'iniinal.ll.ppeals. locat8d_ in.· 7\usti:n .. ·rexas should not delay in GRAN'l'ING Petitioner [1] s Writ of Habeas Corpus and ORDER Petitioner RELEASED IMr1EDIATELY from TDCJ -CID Director. Rick Thaler [1] s custody. Article 11) J, I/. i I
LTudge Joan Huffman· aia not rule or give consideration to Petitioner [1] s Motion For Written Ruling filed January 8. 2004. See Appendix Document "titled" Motion For Written Ruling.
All of Petitioner Jackson [1] s motions filed in the 183rd Judicial District Court were essential to ensure his constitutional rights were preserved for - 14 - *18 .fa£J~ to assure Petitioner reVl.ew in thelii>fllffa-irl'f,A;If-111f)I'.AUunder a Petition for Writ of Habeas Corpus when Petitioner has no other adequate remedy at law to have his claims considered on the merits.
GROUND/CLAIM: (C) , U .S.C.A .. Fourteenth Amendment and State of Texas Fourteenth Amendment Constitution Due Process Violation
T.C.C.P., Art. 1.04. T.C.C.P.. Art. 1.04 •. Due Process of Law Statute. No citizen of this State shall be deprived of his life. liberty. property. privileges or immun- ities or in any manner disfranchised except by due course of law.
[Argument] Judge Joan Huffman refused to afford "me" Petitioner Jackson Due Course of Law. when the trial judge refused to rule on the following: (A) Motion to Set Aside Indictments-- See Appendix Documents marked (~). Judge Joan Huffman did not conduct a trial on r1otion to Set Aside Indictment. Articles 27.04• 507. 571, 560. Motion T:tiedby Judge. An issue of fact arising upon a motion to set aside Indictment or Information .shall be tried by judge.
[Harmfull Error] When Judge Huffman refused to conduct trial on Motion to Set Aside Indictment. she contributed to Petitioner's conviction because the State was allowed the second opportunity to convict Petitioner for the offense Aggravated Robbery whereas Petitioner • in his f1otion to Set Aside Indictment. issue lS that. the Burglary of a Building Cause No. o:~·Ft'.~l.~as a "reindictment" from the same criminal episode that the Agg Robbery Indict- ment i#.9l3043 derived from. That trial ended in a mistrial on June 13, 2003. See Appendix Document marked (8 ~ .
Double Jeopardy Key of the U.S.C.A .. Amend. Five "prohibited" reindict- ment after the State announced "ready" and the trial comenced on its merits. - 15-- *19 FU{ther. had Judge Joan Huffman· complied with Due Course of Law Mandatory Statute. Art. 27.04. 507. 571, 560. the Trial Court would have more than likely dismissed ··the Burglary of a Building Indictment #0952420. And the Trial Court was withotit jurisdicition to conduct the subsequent trial. Judge Joan Huffman was not the judge who presided over the Aggravated Robbery Trial that ended in a mistrial onJune 13. 2003. Judge Joe Ann Ottis was the "sit in" presiding judge.
Petitioner filed his Motion to Set Aside Indictment% on January 8. 2004. prior to the subsequent trial during which Petitioner ,Jackson was convicted for the primary offense. Aggravated Robbery Cause No. 9130~3. Further. the acts of Harmful Error lead to Petit±oner's· conviction and wrongful incarcera- tion in TDCJ-CID, · \vhere Jackson is ·currently serving time as· an Actual Innocent person: due to aVoidJudgment rendered during an Illegal Subsequent Trial conducted in the 183rd Judicia:l District Court after Petitioner Jackson filed his i'1otion to Set Aside· Indictments.
Motion Key 36, 40. A 'l'rial Court is Required To Consider And Rule Upon"ivlotion ~ViH1in Reasonable Time. [Claim] Judge Joan Huffman violated ·u.s.c.A~. Fourteenth Amendment. Due Course of Law Clause requirement. when the TrialJudgerefused to conduct trial upon Petition For Writ of Habeas Corpus filed June 28, 2004, March 11, 2004. See Appendix Document ( ~) Aggravated Robbery Cause No. 913043, l83rd District Court Docket •rext.
Violations And Denial of Due Process Under the Following 'l'exas Cqde of Criminal Procedure. Article 11.10 Proceeding Under · t•Jrit: When motion has been made to a / judge under circumstances set forth in the two proceeding articles, he shall appoint a time when he will·examine the cause of the applicant;:. and order the writ returnable at the time in the county where the·offense is charged in the indictment or information to have been committed. He shall also specify
- 16 - *20 some place in the County where he will hear the motion. [Article 11.49] Order of Argument: The Applicant shall have the right by himself or counsel to open and conclude the argument upon the trial under habeas corpus.
·Judge Joan Huffman refused· to comply with ·any of the Due· Course of Law under Articles 11.10. 11.11. 11~49.· Under vJrit ·of Habeas· • :corpus Due Process of Law: which is a direct violation of the Texas Constitution Code of Criminal Procedure Article 1. 04.
Further. Joan Huffman refused torule on-Petitioner's Motion For Discovery And Inspection · of Evidence filed on January 8, 2004. See Appendix Docllinent. Motion For Discovery And· Insoection of Evidence. Aggravated Robbery Cause ~~~~~~~~~~~~~~~~~~~~~~~~~~~-~ Number 913043 Docket Text.
Judge Joan Huffman refused to rule on Petitioner Jackson'sMotion To Dismiss Court Appointed Attorney. ·filed December· 22. 2003. and filed on March '- - i 20. 2003. See Appendix Document• Motion To Dismiss Court Appointed Attorney. See also Aggravated Robbery Docket Text #913043.
Judge Joan Huffman denied Petitioner Jackson his-eonstitutional·Rights to / 'Self-representationwhen she refused to rule on Petitioner's MotionTo Dismiss Court Appointed Attorney Robert Scott. and refused to allow Petitioner Jackson request to be allowed to represent himself after the State reindicted Jackson for the offense Burglary of a Building Cause No. 0952420~
[Citing] Webb v. State [Cr App 1976] 533 S.W.2d 780• Criminal Law Key 641.4(1) Defendant in state criminal ·trial has' a Constitutional Right to proceed without counsel when he voluntarily and intelligently elects to do so.
Evidence: Due Process Vici1ation [Claim] Due Process Violation: The photographs presented at the subsequent trial was not gathered by the HPD Officers who arrived at the location 2001 - l7 - *21 Karbach St., "the Crime Scene :Location of HPD Offense Report #072416202. Even though a Crime Scene Unit was dispatched according to Officer M. A. Khan's testimony. See Appendix Document. Trial Transcript ;Page #99.
The Complaining Witness "namely" Larry Seitzler. 'took photographs and then "someone" from the Harris County District· Attorney's Office_~, .... see. Appendi£ Document• Trial transcript Page Nos. 74, 108. 111.
The concrete block presented by the State was not gathered by the Crime Scene Unit of the HPD, ·it was brought to trial by the Complaining Witness. "namely" Larry Seitzler. See Aooendix Document:· Closing Argument by Defense. Page No. 86.
The Due Process of· evidence gathered byan investigating agency such as a crime scene police officer. is that the evidence gathering process require the gathering of evidence. tagging it and placing it in the property ro,om.
The above said photographs and concrete block did not go through this process. See Aooendix Document: Trial Transcript Page No. ··99. [Actual Innocence Claim] Petitioner isactually innocent. in that Petition- er never did use a knife in any manner to threaten Larry- Seitzler with immenent bodily injury and death. S'ee Appendix Document: Closing Arguments by Defense. Page No~ 83; Trial· Transcript .·Page No. 10; and Physical Evidence Ben Taub Medical Records supporting Actual· Innocence Claim. Therefore. Petitioner Jackson is Actually Innocent of· the Element Threat 1vith a Knife as the State alleged on· Indictment ~f913043.
Petitioner's finger prints were not found on said knife. which would ( show the knife in his possession. Petitioner did not attempt to stab Seit:der or use the knife in any other manner to threaten Larry Seitzler or cause Seitzler to fear for his life as the State alleged in Agg Robbery Indictment it913043. Petitioner never said anything to Seitzler. Thus, accordingly,
- 18 - *22 medical records reflect in a human body diagram that Petitioner was shot twice. once in the back of his right leg and once in the back of his left forearm: which proves Seitzler shot Petitioner ·while his back \vas turned toward Seitzler. and also proves Petitioner was·not facing Seitzler and/or threatening Seit'zler when Jackson was shoL Therefore.· Seitzler' s accusations and the State's· accusations alleging "threat of Imminent Bodily Injury and Death by the use and Exhibiting a Knife as a Deadly Weapon" in indictment #913043, are no more· ·than · Perjured Accusations ·made by the State and the · Complaining Witness "namely" LarrySeitzler made against Petitioner Jackson.
Furthermore. the HPD Crime Scene Unit· tested the knife for finger prints but did not find Jackson's prints on the knife. See Appendix Document. Trial Transcriot Page ( ) •
The error is the Perjured Accusations madeagainst Jackson in the presenting paragraph of Aggravated -Robbery Indictment· #913043. which· contribut ed to Jackson's conviction for the offense AggRobbery Cause No. 913043. Also. the error· of the 183rd'District Trial Judge's unlawful assumption of· jurisdiction under Invalid Agg Robbery Complaint' I·ndictment and Information contributed to Jackson '-s conviction: because Judge Joan Huffman conducted an illegal trial without subject matter jurisdiction.
"Harmful Errors" [Citing] Ex parte William. 65 S·.W.3d 656. 658(Tex Crim·App 2001). An Applicant must show harm. that is he must prove by a preponderance of· evidence that the error · contributed to his ·conviction or puni·shment. The error of Jackson's trial defense attorney's failure to object to ,State·. Prosecutor's presenting photographs of the crime scene· by the Complaining Witness and by someone from the Harris County District Attorney's Office contributed
- 19 - *23 to Petitioner's conviction. •because the photographs were presented as evidence for the State which had an effect on the jury's verdict. Even the Officer Mohammed A. Khan testified stating that none of the photographs presented· by the State were taken by any member of the HPD the nigh~the Crime Scene Unit was· at the scene of the so call·ed incident where "I" Jackson was shot. See Appendix Document. Trial transcript Testimony of Officer M. A. Khan Page No. 108.
In ·order for the jury to find PetitiOner guilty. the jury had to beheve
I
that the photographs presented by the·State were the actual crime scene caused by Petitioner Jackson's actions. Petitioner Jackson has provided a sufficient record that supports every allegation asserted within·this. his Petition For Writ of Habeas Corpus. See Citing: Ex oarte Chandler. 182 S.W.3d 350. 353 Tex Crim App 2005.
Petitioner's jurisdiction defect· claim. void· judgment claim and Const- itutional rights· violation claim of unlawful confinement along \vith his actual
I
innocence claim is cognizibil by way of a post-conviction petition for writ of habeas· corpus which is the only remedy by law to present Petitioner's above, said claims.
Ex parte Davis. 747 S.W.2d 216. '223(Tex Crim App 1996) Because the Court's authority to issue a ·writ· of habeas-corpus stem ·from Article 1 and·5, Texas Constitution which provides that subject·to such regulations as may be pre- scribed by law· the Court of Criminal Appeals and•the judges thereof shall have the ·power to issue writ ·of habeas corpus •. Therefore. since Petitioner Jackson has presented this petition for writ of habeas corpus as a collateral attack. attacking his void judgment. jurisdiction. ConstitutionalRights Violations and Actual Innocence Claim. the Court of Criminal Appeals so consider the factual allegations of· each above said claim. and give a written
\ - 20 - *24 ruling on the merits of Petitioner's Claims. Tex App Tyler 2001. Where a void judgment has been rendered and the record. reflects it invalidity. the Trial
. Court has the duty· to Set A:side the judgmen"f even i f the· petition does not . satisfy all the requisites of a Bill of Review. Thompson v. Ballard. 149 S.W.3d 161.
Statement of the Case Petitioner h~s no other adequate remedy by law. except by-petitioning the Court for a Writ of Habeas Corpus. Petitioner's Request Petitioner · respectfully requests that the Court of Criminal Appeals examine the State Court records and his Petition·presented that supports his claims. and should the Court find that Petitioner's claims and factual· alleg,ations are sufficient·.- to support his eligibility for a Writ of Habeas Corpus. that the Court of Criminal Appeals GRANT Petitioner's petition for a writ of habeas corpus. and remand the writ to the 183rd DistrictCourt of Harris County. Houston. Texas. with an order ORDERING the presiding judge to VACATE the void judgment and ORDER Petitioner Samuel Roy Jackson RELEASED IMMEDIATELY from the custody of Warden Jamie Baker and the Director. Rick Thaler. from the TDCJ-CID Nathaniel J. Neal Unit in Potter County. Amarillo. Texas. where Petitioner Jackson is currently incarcerated.
Respectfully submitted. Samuel Roy Jackson
TDCJ -ID# 1268721
Neal Unit 9055 Spur 591 Amarillo. TX 79107-9696 PETITIONER. ProSe.
- 21 - *25 Declaration of Penalty Under Perjury I; Samuel Roy Jackson. hereby declare under penalty of perjury that the allegations and information asserted· with this petition for writ of habeas corpus are true and correct according to my knowledge.
SIGNED this the ___ day of _____ , 2015. Samuel Roy Jackson
TDCJ-ID# 1268721
PETITIONER /APPLICANT. ProSe.
- 22 - *26 CEHTIFICA'l'E OF SEH.VICC: r. StllQUel Roy Jackson. •.roc;a 126B72l. Petition~. hli'ireby ce:ctify that \ true; and corrolct copy o a i?&t.it.ione l.!'or Nt·it of H..:abaa.s Co?Cpus ua.;; sex:v·ad u;;:on the l83l"cl District Court. 1201 Franklin. Harris Counc.y. Houston• 'r.:ixas o:E );,zi/
l:. J t;e/ dd" 77002 on this th<3 ' 2015. by ):)lacing 5dmQ in ·' thG Noal Unit Prison !'icdlbo;~. '-... .. lfra; f , 2o1s. lf{F hday cf SIGNED this the A:wwrl&-j, dc!Umz
Samuel Roy Juck::n/ .
TOCJ IDit 1268721 PETITIONER / APPLICANT
APPENDIX COVER SHEET *27 APPENDIX DOCUMENTS OF THE HARRIS COUNTY DISTRICT CLERK RECORDS FILED UNDER AGGRAVATED ROBBERY CAUSE #913043 IN THE 183rd JUDICIAL DISTRICT COURT
HARRIS COUNTY, HOUSTON, TEXAS
DOCUMENT (A) Aggravated Robbery Complaint Cause #913043 DOCUMENT (B) Harris County Online Public Record
(183rd District Court Agg Robbery Docket Text) DOCUMENT (C) Ass.istant District Attorney, Brad· Hart's State Subpoena DOCUMENT (D) Houston Police Report No. 072416202 DOCUMENT (E) 183rdDistrict Court's Report Trial Transcript Page #99 DOCUMENT (F)·Aggravated Robbery Indictment #913043 DOCUMENT (G) Aggravated Robbery #913043 Judgment Plea Before Jury Sheet DOCUMENT (H) Judge Joan Huffman's Order to Serve·35 Year Sentence Cause #913043 DOCUMENT (I) Judge Joan Huffman's Writ Order to Harris County Sheriff
I
(Sheriff, Tommy Thomas) DOCUMENT (J) Burglary of a Building #0952420 Docket Text '- DOCUMENT (K) Burglary of a Building Writ Order to Sheriff DOCUMENT (L,) Motion to Set Aside Indictment
CERTIFICATE OF AUTHENTICATED DOCUMENTS DECLARATION OF PENALTY UNDER PERJURY I. Samuel Roy Jackson. TDCJ# 1268721· hereby certify and declare under penalty of perjury that the above said documents are authenticated copies of the Ha~ris County District Clerk's Office of Chris Daniel. filed under Aggravated Robbery Cause No. 913043. in the 183rd District Court of Harris County. Houston, Texas.
SIGNED this the £176 day of Samuel Roy Jfickson
.TDCJ-ID# 1268721
PETITIONER /APPLICANT, ProSe •
. - 24 - .. {/) {ESTATE OF TEXAS D.A. LOG NlJMBEH:774777 CJJS TRACKING N0.:903303269~ -AOOl ) . *28 SPN: 00386651
BY:
TW DA NO: 001827741 A.MUEL ROY JACKSON DOB: BM 03/05/56 ll9 AREBA AGENCY:HPD DATE PREPARED: 5/24/02 0/R NO: 072416202M OUSTON, TX
ARREST DATE: 05/24/02
:::IC CODE: 1204 04 RELATED CASES:
:LONY CHARGE: AGGRAVATED ROBBERY
913043 \USE NO: BAIL: $30,000 18 3 \R.RJS COUNTY DISTRICT COURT NO:
PRIOR CAUSE NO:
~ST SETTING DATE:
THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
fore me, the undersigned Assistant District Attorney of Harris County, Texas. this day appeared the undersigned nffiant, who under oath says t he has good reason to believe and does believe that in Harris County, Texas, SAMUEL ROY JACKSON, hereafter styled the Defendant, etofore.on or about MAY 24,2002, did then and there unlawfully while in the course of-committing theft of property owned by LARRY rTZLER and with intent to obtain·and maintain control of the pro'perty, mtentionally and knowingly threaten and place LARRY SEITZLER in r of imminent bodily injury and death, and the Defendant did then and there use and exhibit a deadly weapon, to-wit: A KNIFE.
~- .. :~\ ·, , .. \ .... .: ... '"- \ . ; f~ .. - :.'·. ···~.
-:- ; · ..... : ·: -- -'- <>J 0
:AJNST THE PEACE AND DIGNITY OF THE STATE. - Sworn to and subscribed before me on May 24, 2002 ~ . !56~
'
lti ) t 1} utY¥v'J
~(36~
FIANT L..;;sSIST ANT DISTRICT ATTORNEY BARNO. OF HARRIS COUNTY, TEXAS. COMPLAINT -! f x; b ; + (S ) Doc 11 f'1 t AI r
)
HARRIS COUNTY, TEXAS _j . D_is1.ric1 e Courrty.Criminal Records . On lin~ Pp.blic He cord;; _- . ·i~~ ............ ,...,_. __ , __ .. ____ _ ... . ........................................ 44' '.. *29 I Home I !if!!I! I~ I !i@lll!.~l~ lliJn Sear£t! I m'N Sear'c!ll Dl.Jl.Q.!r£tll Ca:11a# Soarch 1 • ,Gase Transactions lQEJOC) ~ ___ N_a_n-,e-:--·JACKSON, ~iAMUEL R~Y-- --i-~---- Case Number: 09·1304301010 - Off~~~;~,, P.OBBEHY (-/:1_GG RO_~ _ERY ~~~_!: Y WPN) Bond Amount: ,$0 r ' - - Cace Statu-· COMPLETE~FINAL DIS OSITION NO AGTIVI1Y . ~.EXPECTED- j - ~ t' ·r C ,..,. DiSP_.OSi:D J ;~s1~ -, ... fl:~pPSI ~~,-~_: _ _ __ ··-· __ l/ Ca~;e Comp!P.tion Date: 1'0/28/04 j Last lnstrurn~nt filed: ON APPEAL CCJ: fit.
f'
Court: 183. ~ File Date: 05/24/02 l ~CE SNU: 987 04/17/06 APPEAL MANDA-TE A;FI 04/17/06 APPEAL OPINION FILE - SNU: 988
• - 08/01/05 APPEAL DIS ArTY - CH CKED IN RECO SNU: 989 SNU: 990 , 08/01/05 APPEAL STATES BRIEF
. 07/11/05 APPEAL
RECORD CHECK·D OUT - D.A.: SNU: 991
DEF ArTY - C CKED
07/08/05 APPEAL
IN RECO SNU: 992 .... 03/24/05 APPEAL RECORD CltECK - DEFE~ SNU: 993 03/09/05 APPEAL STATE~ENT OF SNU: 994
A 02/15/05 APPEAL MAILED TO FI SNU: 995
11/01/04 APPEAL
FIRST COURT F APPEALS - C SNU: 996
10/28/04 APPEAL
PAUPERS AFFI VITT SNU: 997
10/28/04 APPEAL
SENTENCE IMP SED SNU: 998
10/28/04 APPEAL
NOTICE OF AP SNU: 999 02/25/05 APPEAL ·NEXT- TRANS IT TRANSCRIPT DUE .05/2~/0:! CC:·1?~ .. '\I~JT r:~~S~ .... , ?., . ., [10] 3 ?lr"r'" !t::'(YDP~':::-~ l"''r."7\r.'T v ~a:P!·: I,E·\!81.~ Fl ~;~;:~~~ ~~~-~E~~~ .'B~ · ~~~~~~~ND;,~ t:::··~[:~:~~rA SNU: 999 \ KH[\N, ~-~ J 05/?ll/02 O?.I: 'H0UST0N POLICE DEPJI-.P. OFF~SE NO: 0724li620:<M 05/24/,02 )~:OMP_~It-!_11\~U'- 06/11/03 ATTI -'t . f
TIME 1123 AM UNT $0 SNU: 998 I . 06/11/03 NOT ACKNOWLEyGED BY SHERI'FF 05/25/02 CMIF TIME 1015 At'1d,UNT $50000 SNU: 999 05/25/02 NOT 1\CKNOWLEtED BY SHERIFF
07/25/02 GRAND JURY ACTION FID
07/25 02 · G230 SNU: 999 07/25/02 GRAND JURY ACTION ROTATION CRT 183 OFF FRE,Q T BND $0 07 /2i5/02 GRAND JURY ACTION OFFENSE AGG ~OBBERY-DEADl)Y WPN LEVEL F1 07/2~/02 ORI: HOUSTON POLICE DEPAR OFFE SE NO: 072416202M 10/219/04 ATTORNEY CROWLEY, JAM S S_lDNEY SNU: 998 AAA COURT 18 10/29/04 ATTORNEY CFI 183
II • ~9r/29'/0~~ JUDGE : __ P,RESTDING HUFFMA:N 1 . JO
, 05/28/02 ATTORNEY
SCOTT, F:OBER R. SNU: 999
. 05/28/02 ATTORNEY
AAT COUF.T 18 CFI 183
i htto://aoos. iims.hctx.iletfsubcrim/Caselnquiry .do ?courtDi~lsiort=003&cas~N um=09_13 04 3 ... 9/12/2011 -, APPUCATION FOR SUBPOENA BY STATE FOR WITNESS IN DISTRICf COURT Brad Hart, 713-755-6150 ·August 6; 2004
*30 1- \ ~ No.952420 The State Of Texas In The Dtstnct Court No 183rd vs Of Hams County, Texas Samuel Roy Jackson Offense Burlary of a Building Please ISSue a subpoena 10 the abov_e styled cause for the followmg named wttness(es) whose locabon 10 ~ 9lunty and vocabon, as
__ "7- 1 _ ~- far as known, I state below - * -~
Houston Pohce Department OR#072416202
c - iABrown#11632
(j ~ }\ahn ~113967 AMdler#1o6163
) , ' ~ .. R Calderon #86814 0~ KD Franklm #83416 ~
DARyza~~5248
0~ • NW. Kiesewetter #97585
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[1] WC Sheldon #38788 Re IJL#3814-02 \~LYons #98709 (~ 'LAHwa#109051
0~ rs:;;
Pecsonal Senir.e Requested - tn be seryed bJ DA lnyestlgator Charlene Maxey- 3434 W Little York #2307, Houston, Texas Q~
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Please contract ADA Brad Hart at 713-755-6150, upon receipt II.~ ,, ~ .~ ~ i.. E D(y,(j .![' , ' • .~ I..Ct\RJSSE R~
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,,,, r:u•1k ~ .~~·9·Zdf ley _:...-. - • r - ~Deputy c@
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1f found 10 your county, to ap·J)Cal~l'ore the Honorable Joan Rullman, District Court No 183rd, Hams County, Texas, on October 25, [0] 2004 at 8 45 a m , to gJVe e m behalf of the State and Defendant m the above styled cause wherem the State of Texas IS the IS the Defendant, and to remam there from day tci day, term to term unbl chscharged by the Court The Plambff and Samuel Roy tesbmony of sa1d wttness( beved to be matenal to the State
Ass1stant D1str1ct Attorney Hams County, Texas
Sworn to and subscnbed before me, th1s __ __ ____ day of ___ _____ A D 2003 CHARLES BACARISSE DISTRICT CLERK
BY ___________ Deputy
HARRIS COUNTY, TEXAS
APPUCATION FOR SUBPOENA BY STATE FOR WITNESS IN DISTRICf COURT Brad Hart, 713-755-6150- August 6, 2004
*31 No952420 In The D1stnct Court No 183rd The State Of Texas vs Of Hams County, Texas Samuel Roy Jackson Offense Burlary of a Building Please ISSue a subpoena m the above styled cause for the followmg named wttness(es) whose locabon m Harris County and vocabon, as far as known, I state below Larry Settzler, PO Box 70170, Houston, Texas TI270 ~ (j Please contract ADA Brad Hart at 713-755-6150, upon rece1pt
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~--~ ~--- 63P.utv tf found m your county, to apllC8J~to.re the Honorable Joan Huffman, Dtstnct Court No 183rd, Hams County, Texas, on October 25, 2004 at 8 45 a m , to g~ve e [0]
m behalf of the State and Defendant m the above styled cause wherem the State of Texas IS the Plambff and Samuel Roy , 1S the Defendant, and to remam there from day to day, term to term unbl discharged by the Court The tesbmony of satd wttness( beheved to be matenal to the State
Asststant Dtstnct Attorney Hams County, Texas
Sworn to and subscnbed before me, th1s __ ______ day o f - ' - - - - - - - - A D 2003 CHARLES BACARISSE DISTRICT CLERK
HARRIS
COUNTY, TEXAS
BY - - - - - - - - - - -D epu ty r t rJ fl IIJI It . . . . , , , . . . , , , , . . • • • , , " • o o r roo o " r l" J II It Jl t I t t I I [11] t I I
PUBLIC RELEASE INFORMATION
~ ~ J f I f I f .. .1 I I I I I I II I f I f I I f f I f I I I I I I J I f I I I I J I I I f f f I I I I I I I I I f I I I I : I I f I I J I I f I f I I I I I I f I I I I I I f I I I f I I I I I t I I I f I I f f 1 I I I f I f I II I I HOUSTON POLICE DEPARTMENT FRONT PAGE OFFENSE REPORT Incident no. 072416202 M I rr f ft f ft U rr I II If ff I I rr I t ff U f t fl J1 t I I f I I ff ff I tr ff ff f It I f tl If fl If ff I U U U 11 f I I f 1 I fl f It I f If I I I I I I II I I I f U tr II fl II t ffense- AGG.ROBBERY D/W *32 Weather- CLOUDY remises- COMMERCIAL BUILDING ocation: Street no 002001 Name- KARBACH Apt no- S
Type Suffi~- City-HOUSTON County-HARRIS Kmap-451V Dist- 3 Beat- 3810 ighborhood code-00253 Desc-FAIRWAY PARK,HEMPSTEAD GARDENS;DEAUVILLE PLAZA !gin date- FR 05/24/02 Time- 0004 End date- I I Time- ;eived/Employee: Name-LAPTOP No.- Date-05/24/02 Time-0636 ------------------------------------------------------------------------------
COMPLAINANT($)
01 Business name-REALTY Address-2001 KARBACH #S;HOUSTON,TX 77092 Phone: Home-(000) 000-0000 Business-(713) 476-9302 Ext-
02 Name: Last-SEITZLER First-LARRY Middle~WAYNE Race-W Sex-M Age-51 Hispanic-N Address-2001 KARBACH #S;HOUSTON,TX 77092 Phone: Home-(713) 476-9302 Business~(OOO) 000-0000 Ext-
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ARTICLES
01 Disposition-DAMAGED Property tag no-0-0000-00 Complainant no-01 Item type-DOOR UCR class-00 Serial number- Value-$ 500.00
~ription-THE FRONT GLASS DOOR WAS BROKEN BY A SMASHING OBJECT. THE GLASS ON
DOOR WAS SMASHED.
NCIC mise-GLASS/ NCIC case- 02 Disposition-DAMAGED Property tag -no-0-0000-00 Complainant no-01 UCR class-00 Item type-COMPUTER Brand-COMPAQ Model-5000 A* Serial number- Value-$ 1200.00
..,.._.. ....... ......,..._.,.,.'- .,...,_ . . . . . . . ,_ .. .._ ...... _...,._ . . . _.._.._.._.,,_.._. ,.,..._..._....., ... ,.._ "'"'''-"._, .... LJ..1Ul..J [1] rt rr t [1] t [1] t ff rr I I rr fl ff fl II f II If U ff J f I tr 'II n t rr U ff f I It ff II n ff I I I I H II J fJ rf fl I U J I II I I I I If I If I f If I f J • I I U I ff t J If f f I t ~----~-------------------------------------------------------------------------
DETAILS OF OFFENSE
*33 try-DOOR-GLASS BREAK it~SAME AS ENTRY Instrument used-SMASHING OBJECT
:.o .. ~PLAINANT #01 IS A BUSINESS. COMPLAINANT #02 LIVES AT THE LOCATION OF '1PLAINANT #01. SUSPECT #Oi BURGLARIZED COMPLAINANT #01 WHILE COMPLAINANT #02 3 THERE. COMPLAINANT #02 SHOT SUSPECT. SUSPECT #01 AND #02 FLED THE SCENE. ) SUSPECTS / BOTH SUSPECTS ARRESTED. EVIDENCE WAS TAGGED. NO WITNESSES. 'icerl: Name-ZA BROWN Employee no Shift-3 'icer2: Name-MA KHAN Employee no- Shift-3 ·ision/Station #-NORTH/STA 1 Unit #-3Bl5N 1 received: Date-05/24/02 Time-0007 Report accepted: Date-05/24/02 Time-0647
" Ex; b i .t P 0 c "' rvJ t "' r (It) case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 22 of 27 99 *34 do . with it? A. ~ollect it, place it, check it for fingerprints, :~..:.;. see if there's any type of print on it, and if there's not we usually take it to the evidence, the property room, and tag it with a case number.
Is that what you did in this case as far as taking
Q.
it, tagging it, and putting it in the property room? A. Yes. And you're not a fingerprint person are you, I ~ean, Q.
a person who takes f1ngerprints? A. No, sir. S0·'"YOU'di'dn'·tdo·that·with···this Stat·e'sNo. 11, you. •
Q.
A. ...
14
"' Dtdc'' ·y:dt2:·.· N~·que s:t. :,t'h·a·t···t:re•;. tJ·on-eq Q. 15 -=---~+A-~---t.r----'V.,r't:~..,,~.;'it';:>:~· .. :s ··~''1Tr-. --------------------~------- . ·1~ M.. Q.
17 To~"'o/0tfr'''i<n'OWl''eUg·ewwaS>"t'hat·':done?, A. A·~ tfn9;1:''was:•:;•d,i;sp a:t:ch ed~;., ana· · that tin; ·t · feu•n:d- : n G> 'p·f·;i:ih\ts 18 - • \ t Now, we've talked abo~t the Complainant taking you 20 Q. inside showing you whdt happened, you recovered the weapon. 21 22 What db you do then? What happens then? A. Usually we gather all the things that we're going to 23 24 take to the property room and get the statement and, you know,
• 25 we doh't find any suspect then we just basically start the
MATTIE KIMBLE,
CSR, RPR ...... . ,~-.. --.. J ~ .,r ·. /·
THE STATE OF TEXAS
D.A. LOG NUMBER:774777 vs. •
CJIS T~CKJNG N0.:9033032694-A001 SAMUEL ROY JACKSO~/)~o d · *35 SPN: 00386651 t:-v r BY: mkb DA NO: 1827741 DOB: BM 03 OS 56 . AGENCY :HPD 3119 AREBA GJ
DATE PREPARED: 7/24/02
0/R NO: 72416202-M HOUSTON, TX ARREST DATE: 05 24 02 NCICCODE: 1204 04 RELATED CASES: I!<{) &&7"d?oJ ~). -<Qe ,). 5 ~ t~M
FELONY CHARGE: AGGRAVATED ROBBERY
CAUSE NO: 913043 BAIL:~.,
HARRJS COUNTY DISTRJCT COURT NO: 183
PRlOR CAUSE NO:
FIRST SETTING DATE:
fN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS: fhe duly organized Grand Jury of Harris County, Texas, presents in the District Court of Harris County, Texas, that in Harris County, Texas, )AMUEL ROY JACKSON, hereafter styled the Defendant, heretofore on or about MAY 24,2002, did then and there unlawfully, while in the :ourse of corrunitting theft of property owned by Larry Seitzler and with intent to obtain and maintain control of the property, intentionally and ~owingly threaten and place Larry Seitzler in fear of imminent bodily injury and death, and the Defendant did then and there use and exhibit a ·leadly weapOn, to-wit: a knife.
2\ Before the commission of the offense alleged above, (hereafter styled the primary offense), on January~ 1997, in Cause No. 9825, in the 144th District Court of Chambers County, Texas, the Defendant was convicted of the felony of burglary of a habitation. Before the commission of the primary offense, an? after the conviction in Cause No. 9825 was final, the Defendant committed the felony of • >Urglary of a habitation and was finally convicted of that offense on June 29,2000, in Cause No. 819158, in the 174th District Court of Harris :ounty, Texas.
GAINST THE PEACE AND DIGNITY OF THE STATE.
• ) FOREMAN OF THE GRAND JURY ~
INDICTMENT
e...
,,
. . ,. .. ! . roDGMENT ON PLEA BEFORE JURY
COURT/JURY ASSESSING PUNISH.MENT
*36 CAUSE NO. q l ~0 L{ :3
TilE STATE OF TEXAS DIS1RICf COURT vs.
COUN'JY CRIMINAL COURT
91ooy~J_£ft) CJa.Cks~ AT LAW NO. __ ""- AKA ____________________________ __ OF HARR:l$.£QUNTY, TEXAS ~~ · . . . -~~Da·te of <5- d-L{- Q :J_ Dateof (O-Z~-o4 Jud nt: ffense: Attorney for Q 1 1 , ,_1_
~ .Qt1C\ .L:I ~
State:
Jury Verdict: GUILTY
~ Affirmative Findin ,Deadly w
~~iv· ,r·s nla
. .
0 FineOnly Fmc 1n the Amount o : __ ....:.l ___ _ Time: '::]' 0 Q
days toward days toward incarccntion, Credited: 0 0 D COURT COSTS: S incarcerati rine and costs fine and costs [] Nrunech~g~from~~~~-------------------------------------------------------- [] Judgment Addendum incorporat~ herein by reference. 0 Driver's license is suspended for a period of _______ d.ays/months/years. 0 The Defendant is entitled to - - - - - - days credit toward suspension of driver's license.
It is order~ by the Court, that any weapon(s) seized in this ease is/are hereby forfeited. 0 0 Educational program waived in accordance with Article 42. 12 Sec. 13 (h), upon a finding of good cause by the Court 0
ln accordance with Section I 2.44(a), Penal Laws ofTexas, the Court finds that the ends of justice would beSt be serv~ by pimishment as a Class A misdemeanor. The Defendant is adjudged to be guilty of a state jail felony and is assessed the punishment indicat~ above.
0 In accordance with Section 12.44(b), Penal Laws ofTexas, the Coun authorizes the prosecuting attorney to prosecute this cause as a Class A misdemeanor. The Defendant is adjudged to be guilty of a Class A misdemeanor ~d is assessed the punishment indicated above. CRIMCSCB32 0312212000 [1] RECORDER'S MEMORANDUM This instrument is of poor quality
at the time of imaging --- - - · - _____ _.... fx;J;;+ Dc'ci/f~l'Nr(ll) C10~?JrJ['j;Cftf ./f/l .~ ,~ CTctcfcc§(W""" .n'J -~
;.
. Th1s cause being called for trial in Harris County, Texas, unless otherwise refen:nced, the State appeared by her District Attorney as nanid l~d~ndam • named above appeared in person with Counsel as_ named above; or the Defendant knowingly, intelligently, ancfvoluntarily waived the right to representation by counsel as *37 indicaled above in writing in open COurt, and the said Defendant having been duly arraigned and it appearing to the Coun that Defendant was mentally compet.c:nt and having pleaded as sho'NTI above to the charging instrument, both parties announced Tcady. for trial and thereupon a jury, to-wit, the above named foreperson and eleven others for a felony offense indicated above or the above named foreperson and five otherS for a misdemeanOr offense indicated above, was duly selected, impaneled, and sworn, the jury having heard the charging instrument·read and the Defendant's plea thereto and having heard the evidence submitted and having bcc:n duly charged by the Coun. retired in charge of the proper officer ID consider the verdict, and afterward )YFTe brought into Coun by the proper officer, the Defendant and the defendant's counsel, if any, being present. :ind returned into open court the venlict set forth above, which was received by the Court and is here now entered upon the minuteS of the Coun as shown above.
- 1N: Defendant having previously elecled, in writing and at the time of his plea, to have punishmenl assessed as indicated above. And when Defendant is shown above ;to haV~; ~iected 10 have the jury assess punishment, such jury was called back into the ~ and hCard evidence relative .. !0 the question of punishment and having bcc:n duly charged by ~ C(!Urt; they retired to consider such question and after having delibeDICd they returned into Court the verdict shown Wlder punishrilcnt above'; and when Defc:ndanl is shown -above to have elecled to have punishmenl fixed by the Cl;>urt, in due form of Jaw further evidence was heard by the Court relative to the question of ,punishmenl and the Court fixed punishment of the Defendant as shown above. . "0..0'=::, .
IT IS CONSIDERED, ORDERED, AND ADJUDGED by the Coun. in the presence of the Defendant, that the said jud~"be and the same is hereby in all things approved and confirmed;· and !hal the Defendant is adjudged gtiilty of the offense set forth above as found by the verdict of~~ and said Defendant as indicated above. Further. the Court finds the Presentence Inv_estigation, if so ordaed, was done according to the applieablc provisions of Ait. 4il<f2~- 9, code of Criminal Procedure.
IT IS ORDERED by _the Court that if the punishmcnl assessed againsl the Defendant is confinement in the lnstituti~vision or the State Jail Divisicn of the Texas Dc:partmcnt of Criminal Justice (TDCJ) that the Defendant be delivered by the Sheriff of Harris County, Texas immedia~ the Director of .the Institutional Division or lhe S~~ _Jail Division, TDCJ,_ or _an~ other~ legally authori~ to recei~~ such convicts, and ~d Defen~~ sh~~fined in·~ ln-~~tionaJ Division or State Jail DiVISion, TDCJ for the penod mdicated above, m ac:cordance With the proVJstons of the law govemmg the lnslltuii~SlOil or State JaJI DiVISion, TOCJ. The Defendanl is 0 B : . .. remanded to the custody of the Sheriff of Harris County until said Sheriff can obey the directions of this senten~
IT IS ORDERED by the Court that if the punishment assessed against the Defendant is confinement · ·s County Jail that the Defendant is remanded to the 'ff on ·the date the sentence· is 10 begin, as indicated above. custody of the Sheriff ofHaJris County,·Jexas, Wlless the Defendanl is insii'Ucted to voll!lltarily swrc:nder to . S The Sheri fT shall confine the Defendant in the Harris CoWlty Jail for the ·period indicated above, and Wttil ~ne costS ait: fully satisfied in accordance with law.
IT IS ORDERED by the Court that if the punishment assessed against the defendant is for a fins liiN., lhe Defendant is ordered to immediately proceed to the OffJCC of the Harris County Sheriff and pay all fine and court costs as ordered by the Court in this cau.Se, Wll orders the Defendant to be commitled to the custody of the :i() :Sh~rift'or Harris County, Texas on the date the sentence is 10 begin, as indicated above, to be m the Harris County Jail until the fine and costs are fully satisfied in accon1ance with law; or as indica led above. , ..
IT IS ORDERED by the Court that the sentence. indicated above is to be executed, u is indicated above that the sentence is to be suspended, and if so, the Defendant is placed on community supervision for the period indica led above pending ~~all ding by and nol violating the terTI'l; and conditions of his comnumity · a l Q ...... Y) O -a· I ( supervi~~ ORDERED by the Cowt that. this sentence runs concurrenl with any o~k~ce(s) unless it is indicated on the Judgment Addendum that the sentence is • _ · co run cumulatively.. · .. · . . '1 [17] pl-. b Signed and ~red on ©5 ·~@; 0~ O~ eoJlllllWlity Supervision Exp~eson: __ ~-------------------~~~~~~~------------ Notice of Appeal: l0-2-<6- Q~"'
_,__-__;_J_1-;.;---!f-9,::;..~~.-_· -:::.+-~j~(l::..;rf\.6~ d
Mil!l_date Received: _
L t) - 2. 8 ~ b t/ •W / ~ 813" ~ VerifiedM After Mandate Received, Sente CJ-ted.xJ- LCBT ~ ~ ~~ a t - - - - - AM 1 PM.. Received on Sheriff, Hanis County, T~ LCBU--'EYl_j___......,.,_ ___ _ By. _____________________ ~----D~uty SPECIAL INSlRUGnON OR NOTES:. _________________ _
• Right Thumbprint
:RJMCSCB32 0312212000
[2] ~2. STA~E OF TEXAS NO. 0 913 04 3 01010
I
OF HARRIS COUNT~~;~~~ w • IN THE 183 DISTRICT COURT a~·
vs.
~Q:.~$9N ,' SAMUEL ROY , ?,:Z,'(- O d-
BOOKED
*38 ~CKSON, SAMUEL ROY ~CKSON, SAMUEL ROY :I.. USE NUMBER: 091304301010 OFFENSE·: AGG ROBBERY- DEA
'\_ TDC: 0035 DATE SENTENCED: 10/28/04 ::AR_S 00386651 SID.: TX01985103 DOB: 03/05/56 Rll.CE: B SEX: M ?N .. :
7F4 0~ HOLD: BOPP
~LL:
01 ) THE SHERIFF OF HARRIS COUNTY - GREETINGS: YOU WILL DELIVER TO THE DIRECTOR OF THE DEPARTMENT OF CRIMINAL JUSTICE, IN ~I''I'UT·IONAL DIVISION OF THE STATE OF TEXAS OR HIS AUTHORIZED AGENT, THE ABOVE ~ED PRISONER IN YOUR OFFICIAL CUSTODY, HAVING BEEN SENTENCED TO THE TEXAS DE ,RTMENT OF CRIMINAL JUSTICE, INSTITUTIONAL DIVISION AND ARE _DIRECTED TO ATTACH l THE COMMITMENT PAPERS A STATEMENT ASSESSING THE·DEFEND~~T'S CONDUCT WHILE IN .IL.
BE DELIVERED, HAVING GIVEN'NOTICE OF APPEAL TO THE COURT OF APPEALS, 1USTON, TEXAS, PENDING MANDATE FROM SAID COURT,- TI THIS WILL BE YOUR AUTHORITY FOR SO DOING.
HEREIN FAIL NOT, BUT OF THIS WRIT THEN AND THERE MAKE DUE RETURN, SHOWING HOW U HAVE EXECUTED THE SAME. IF NOT EXECUTED WITHIN 90 DAYS FROM DATE HEREOF, YOU ALL NOTIFY SAID COURT, IN WRITING, THE CAUSE_ ... Sf. ..... f..f.:-.~.LURE AND WHAT EFFORTS HAVE. E,:N MNJE TO EXECUTE SAME . . ... r [0] k'l~ C ······-
~P-'' •J 0 .. . . • .•• ON THIJ i!r: ~~_DA\ ~l OCTOBER A.D. 2 04 WITNESS/'~J ~stGNAru¥'~Atm SEAL OF OFFICE, .-. J$ ~E
~- cifu:\R~
DISTRI ·. <cL.ERKi ~Rf"$} COUNTY~ TE:x.,AS ''·~ .... _ ... ~ .. ··~---···""/ BY \ ._::, .· ..
................. -. ......... ·· ITIATING DEPUTY: STACY, BRANDY :. ~ i SNU: 999 .. ' ~. -·' t :. ~
SHERIFF'S RETURN
RECEIVED TJWl WRIT ON THE _2.1_ DAY OF [fide( A. D . ).{)JI( AND I E~91JTED THE /lA2Vl?rJ1h£?( A.D. ar;tJC BY DELIVERING THE BODJ' OF TIIE WITHIN viE ON THE ~ DAY OF
VIED
PERSON TO THE DIRECTOR OF THE TEXAS DEPARTMENT OF THE CORRECTIONS.
TOMMY THOMAS TEXAS SHERI~.F HARRIS COUNTY .... ,_uu~ • N 0 V 0 -~ "/f"f: f, . J~
BY.
ORlGINAL TO TDC-ID DATE: __ _
DEPUTY
UlstrJct & County Crlmlnol Records ~ ~----------~----~~------~------ I !1.Q!ru! I 1Mt:1 I~ I T!I!D.JJ...W I o Soprch I SPN Soptch I Pl S0prqh I Cpu! SOB [[Ph I ,-s-(1 . • :,..,...-'
Case Trans:~ctions (QDOC) - ) *39 Name: JACKSON, SAMUEL "R Y 0 Case Numbe.r: 09524200101 Q Of!"eOse; BURG.LARY {S.URGLA Y OF A BUILDING) Bond Amount:~ $0 Case Status: DISM-DISMISSEQ·; ,r
OISPOSJ?D
. -,( ··<{ ;9a .'t:"'"'.~c:<~;~d~~,~·-'~~-!-'~~~,.,., /
File Date; 06/18/03 ·
/ Court Set&ln,e Date: 10/28/0,4 .. ue=~- ..... ! ____ _ ' / ., . . . . -~~ ... ~·""iitM. led . . ·'loG // 06/18/03 CI liND TIME 1532 AM $0 SNU: 999 06/18/03 ACKNOWLEDGED BY SHERIFF 06/20/03 SERVICE A.CTIVITY BY PLACING D F IN JAIL ON 06/19/03 66/20/03 RECEIPTED BY CLERK ~-\8'~}~ ~·~~~- ~ -·. ... ~ ~;a~~~ 06/18/03. GRAND JURY ACTION ROTATION CRT OFIF FR~Q T BND $0 06/18/03 GRAND JURY ACTION OFFENSE BURG ARY OF ·A BU~LDING LEVEL FS ~~o/~.@v '0.~'\.! fl0(!1.~ ~~'GB ·-~ :@ ~G~· @;~.~~lfJJJ6~46l0M
• 07 /i0/03 ATTORNEY SCOT'!_, ROBER R. SNU: 999 err. 183 AAT COURT 18 01/10/03 ATTORNEY 07/10/03 JUDGE HU~FMAN, JO N PRESIDING 10/28/04 C87 ACTIVITY DISM OTHER TATUS D CFt 183 SNU: 999 10/29/04 MO.TI()NS PROSE WRIT NDAMUS SNU: 988 10/29/04 MOTIONS FILEC· CFI 183 10/26,/04 MOTIONS ELEC1ION - J SNU: 989 10/26/0.; NOTIONS
FILEC·
CFI 183 10/22/04 MOTIONS ·MO J}C<ll?I J1Q. SNU: 990 en 183 . 10/2_2/04 MOTIONS 1 fi:LEC· ~0/22/04 MOTIONS . NO!!' '-fiLING REC SNU"; 991 10/22/04 HOTIONS FILEt:•
CFI 183
.06 28/04 OT ONS SNU: 992 ~ReSE. WHC 06/28/04 MOTIONS· FI Et:• . CFI · 183 06./1·7 /04 MOTIONS PROSE. MO DIS SNU: 993 .·· '6/i'7 /04 MOTIONS
FILED
CFI 183
~!Q?L!U
HOT IONS SNU: 994 / 05/07/04 MOTIONS
CFI 183
03/11 MOTIONS SNU: 995 03/11/04
MOTIONS
FILED· CFI 183 01/12 4 MOTIONS PROSE: ~ SET ASIDE SNU: 996 01/12/04
MOTIONS !J.!&Q CFI 183 12 22/0 MOTIONS SNU: 997 ~-9.-f?.Lt:i~IU-,J:;y....L.y 12/22/03 MOTIONS FILED CFI i83 08/04/03 MOTIONS ADOP MOTION ILE SNU: 998
..
•
. . ,_ 1-L<L--''--·--- •• 1 . · - · I • • -------------------~· . HARRIS COUNTY'JIMS- Criminal Subscriber Access Sy tern Page 2 of2 • *40 08/04/03 MOTIONS FILED CFI 183 TRANSCRIPTION 08/04/03 MOTIONS SNU: 999 08/04/03 MOTIONS 06/18/03 PRECEPT/SERVE IND DATE R:!:TURNED FILED CFI 183
HOW
EXECUTED E
DATE SERVED
06/1~/03 10/28/04 COURT ORDER DISMIS:3AL SNU: 999 10/28/04 DISMISSAL Rt:ASON DEFENJANT CON ON ANOTHER CHARGE
fi~4~!t~i9.i~i~~Jt'(~i~JM U!4:\fit::.:.,IM,.: .. ~~~~~lliH!!!~ b;iii¥~a~fDJMiY~t~~:/rm·. ~mil . §M.J:1§.0,' ~~ccet;slra ator
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•
095242001010
*41 THE STATE OF TEXAS VS. IN THE 183 DISTRICT COURT OF HARRIS COUNTY, TEXAS JACKSON, SAMUEL ROY JUN 1 t 200S DOB: 03/05/1956 BAIL $ 0
FIRST SETTING:
================~=========~====~==============~================================ ~~~:~;~;~~•e=::::=~::~~~~~:!!::!f!~~~~::::::::::==~~=qg2~J!&L.= ~
. ' ~ TO ANY PEACE OFFICER OF THE STATE OF TEXAS: olJ/ YOU ARE HEREBY COMMANDED TO ARREST JACKSON, SAMUE~~y IF HE IS TO BE FOUND IN YOUR COUNTY, AND HIM SAFELY KEEP, OR S0 0 ~0VIDE THAT YOU HAVE HIM BEFORE THE HONORABLE 183 DISTRICT COURT IN AND/~SAID COUNTY OF. HARRIS, AT THE COURTHOUSE THEREOF IN THE CITY OF HOUSTON~~
. INSTANT,~~ · . THEN AND THERE TO ANSWER THE STATE OF TE~~PON REINDI.CTMENT . PENDING IN SAID COURT CHARGING HIM WITH ~GLARY OF A'BUILDING
0~ . A FELONY~ FILED IN .. SAID COURT ON 06/1~/2003 -~ U HEREIN FAIL NOT, BUT OF THIS WRIT ~EN AND THERE MAKE DUE RETURN, SHOWING HOW YOU HAVE EXECUTED SAME. IF ~T EXECUTED WITHIN 90 DAYS FROM DATE
HEREOF, YOU SHALL NOTIFY SAID
, T IN WRITING, THE CAUSE OF THE FAILURE, AND WHAT EFFORTS HAVE BEEN , TO EXECUTE SAME.
1!, {~ . . IN WITNESS WHEREOF, THERE~~ SET MY HAND AJ*15(: ·~~·· SEAL OF THE COURT, AT OFFICE IN HOUSTON, TEXAS ~ v06/18/2003. A;l~~tt)~6':. :. · .
0© ~; CHARLES ~~qilliS~E, .PISTRICT CLERK
I
~ HARRIs ~~~.:;TEfAS ~ ~ ·.JV_ '
o0-.(f!jj
o ({;))~ BY ~ .. ~·v ~ DEPUTY . . .J5) .. , {. INITIATING ~~~z.,"'! JOHNSON, DANA MONET .• .., ·•·
,. RETURN .;J,:., WRIT RECEIVED ~ I~ ~AT 1.1:(..:;Ao' CLOCK AND EXECUTE!? BY ARRE.STING THE DEFENDANT AND ( 1) PLACING HIM IN JAIL IN HARRIs;; ~TY, "t~~s ON ~- ~ I~ I AT ~·CLOCK, OR (2 .;. HIS~ **~GUi'EQ :laFf~E n
. • 1 ~~ G \ 1'.1\\' I(.:J~L (CR . LE ACTION . .
L
·)~, \ vH . . LV) 7 <t >= SHERIFF OF HARRIS COUNTY I TEXAS BY 'GS:~ ... 16 c .... .J . QO~~ADGE NO.
) CAUSENO. ~ CHARG~ fJ3_ DISTRICT COURT
THE STATE OF TEXAS
*42 ~~~ooumv,TEXAS ~ TO THE HONORABLE JUDGE OF SAID COURT: (check one) 0 (name), the DEFENDANT m the above styled and numbered cause respectfully pet1bons the Court to appomt counsel to represent h1m I her m th1s cause and would show the Court .that he I she IS fmclllc1ally unable to h1~ attorney C~
~~ 0 (name), a WITNESS m the above styled and numbered cause respectfully petitions the Court to appomt counsel to represent h1m I her m the mtercsts of JUStice and wouJd show the Court that he I she 1s fmanc1ally unable to h1re an attorney
W1tness Sworn to and subscribed before me on thJS, the ___ day of _______ _,200_. ~D ~ * ~~~~ ~ "£ c~~c:L o~ . D;utYi) trlct Clerk rf'~ . \\\\l Harris County, Texas y 0\ \a~ ~ n'l'J· -teY.ot} ER APPOINTING COU~L lU\.. ~· C()\J -:1iil!l [0] ~ •
is, the LQ.:_ day on/~ d: ~~e Court determined that the
~'I
above named defendant I witness ~~davit s~g that he I she ts without counsel and ts o,._\9 fhiandally unable to hire an attorney. The Court ORDE~at the attorney listed below Is appointed to represent the defendant I wl~ = :7v e In th~ ·
. ~0~
~
Attorney s-tf()i ~ ((_'§>- ... Z4 ??W'l, (3) Zip City . State E-Mail Address l/17ftPiz.lol ol~~
Bar Card!SPN Number
I ?1?91 /I- P1~12-k"l $1/ I Phone Number ~
DISTRICT CLERK
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*52 D·l·0···i.:t-he, ·;:po 1 i c-e"·'o .. f,:f':~:ce:r..:s . take Nte'S~e'W!i):f.l'elil0~Gt!J•~p,h s? 1 Th:ei:~+0-r:l'8'5· ; l·•:di-:d, not. :;take \we.r:e. ~t;akeJti;;';py S'Om;e:one·.:~W;i•t•h. . 2 Q. W~re·;·the:y>aJ·l taken that night then? - 4
N,o .. , .sir. 5 ~- Q. Which ones were taken that n;i·ght? By the way, the 6 7 ph'Ot@:!)j•rr:<:fphs 't 1 ~at we'.re talk-'i'litg~··ahout tal\·i·l\\9• that :r:tight, y\eU 8 took· tho·se. yotrrs·e->J•f?
•' Q. 10 •• • . {jl. 13 R~tr.~ifi$' ·.' Q. 14 Al~ ··r~·ght. ·I 've··got ·thr-ee· ... ·photog•r:·a'!l>hs ... her,:-.e, 9, · 10 : 15 an·g 6> ·Are t·Mo·se· t~e: o.nes.:· .. t:hat.:y.o·u took?
--~~:.._.;..----={A.~·=-)_......:Y-=-·e;s_, i·~··.-~s·:t:'r'f ··t'he ' ---~a·re . ·16 Q. Are.: those the orll y ones ·.YOV- -too-k? 17 18
, ..... · .. Do·:•y·ou"-"know,·•wher:-e-. they a.r:-e? 19
Q.
{£7 ·N;e,;,~5]:: ·don-' t .
20 21
. . I ' 22 w~u·l·d:,.'have:<.beem·'··one·s, t'hat· .. ·were·taken-by't:h~;·'-Df.str+ct· Attdr·Aey'_s \ Office or,·some·one: else · bthe·r tha_n,,.your.-.s~lf \- corret:t? 23 24 - 25 ·'fhat'•·:s;c"true''t'--s'i r·. A . <!_. Ji>e·;'·Y·e·a·:-·-i<'now·~wh:en··i·t'i'l<ey·wepe;· . .-.tak-en? MATTIE K1l415LE 1 , CSR, RPR ·-·. -- .. ·------------ Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04108 Page 24 of 21108 • *53 e 1 THE COURT: That's sustained. 2 Q. (BY MR. SCOTT) Were you placed on notice that anyone 3 else had any knowl ed~fe in your investigation as to what 4 occurred out there that morning except the complaining witness? 5 A. That's correct. 6 Q. And you and Officer Brown were not witnesses as to 7 what occurred, you showed up after the fact, did you not? 8 A. That's correct. Q. 9 So once aga~n the only witness that you interviewed
10 about anything that had to do with this offense was the 11 ·complaining witness, right? 12 A. Yes, sir.
•
e
13 Di'<:F~~yt>'ti"''take•.··any. p.i ctur!es';·. Of• ''i:he·;··soe:A'e""··out ·t·her,e".,~that Q. !l;~i,Qlh t•1',<:.,o'O.:ft;fie:e r i•·• Or< •:t [1] hat ·, ·ea:rlo/' ·me'f',fl:i'n'g? .r- eH·d- not. ~take •. an.y · p:ci.c"tu.rr-e.s.
A.
Q. WeJ:;•e·•you . .pr.e-sent whe·f'l"··any- crime s>C:,ene-un•it or anyeme
els.e' w4 th the ... Heu:s•ton · Po·l i ce'"'flepartment·· came····and-·c't:0ok phpt·og:vaph·s•-:oou:t.-tJ~e:r;e?
A. Cr:j!me.- s.ce,ne, umt·t :wa•s· not •<:l+spat;ch.ed, .o.u.t.._tll.are. So there· were no~ phot•ogrvapns.·tak-en•b.y :-any.me.mber:;::;;.,_QJ
Q.
t t:\~ -"Hsus4~·BH•>P:GJ;j,;ceo. O.epa.r4:illen t · .. j n .ry.e:J~a1t.i,Q11.1~:o :'titJ~··rfi~f)v-e;s~t'<;\:t§'a-;t;·"h.:m o;f;'~t [1] hi;s~.·"(:J•rr~·me'-; ·. ;i\s ·'.t;Jctaffi~.,QQCf',~.c;t.; :i,:-S~JtJt?
A. Np,fl:;.'~:;a;;t-;;·,·tne' · 'p·o'i"n:t, '·~tbat ";!I - was'"1t.h eP.e . Q. J:f..'' i't-:-~happ.ened··, i t·~' ha ppe ne.d::·s,cme :ecMi!e,n·,,_"t:i.,me./" .. cor;o;r,e·ct?
rH;a;tyt~s-¢'co::rf:e:et .
A.
• MATTIE KIMBLE, ·cSR, RPR Ca.~e 4:08-cv-00~43 Document 2-1 Filed in TXSD on 02/04/08 Page 26 of 27 "f'if 1 *54 •
A.
We determined one hit the back of the trunk. Q. That's in the car, yes, sir? A. And·th'en the other twowent into him. Q. Into him referring to the person he shot, right?
A.
Yes;1 exactly. a. So,~. i f there's exit wounds in him, were you able to- find that bullet once it exited him? MR. HART: Calls for speculation as to whether .. there were ex.~ t wound-s. ·sustained. TH~_ COURT: (BY MR. SCOTT) Were you able to find any bullets, Q. projectiles o'r otherwise, at the scene of this shooting? • A. No.~ .. ' Q. Did you talk to the man out there as to the location 15 that he was iri during the shooting as well as where he says the .. ..
'
-1_6 suspect was cfuri ng the shooting? Did he 1 ay all that out for 17 you during th~ in~estigation?
:.· 18 A. Yes.\ sir. 19 20 ·t,~"e1""e~,'e~S"..,i·l€f:e~~~tit4ire\~:k'fl~i<.:1t-ef.;'-"'·Stat:e~~s"'-~E.Xtim~t!J'.1~*'~N6"·~\h:1'1-::;\~~··se"t~i$lgrt';t;Aie¥:ce'?--
·- 21 a . 22 W~~F·€""~h e• ·· poq;ctfu.r.e:s .. !<!ta.ke r;L; .:z:;any.-:-pf ''1:1')e'-1Ji':cttrf'~s~rt:n'a"t::· 22 yP~·~er~·'S·e·en- -he.r::e ., tt'oti'a'S''\ ·~·to ··y·o'cr··r'':'krrom~~~<!fge,""'-We·r-:e:;,~:f1ey:~ak~n~.ll\·ii~ite ''0'·':- ·24 .y.coil:k1Welr·e·--·there:-;~0:P:~·nort?- ·-
• 25 A . Th:·e eKhtbi·t·s;c"'·ri•gnt·-··he\r-e? • -MATTIE ~Bl.t, ·CSR, RPR ----···------------~···-----·----» -------------- ---·-·----·--·---· -·--~--~·------ --- --· 76 Case 4:08-cv-0044 iled in TXSD on 02/04/08 Page 1 of 27 *55 • • . 1.1.' / given opportunity to make summation r~marks. "
In addition, upon request, you may
·~":~ £1 request to s~,e any of ·the evidence which -..s~ peen admitted during the course of this trial.
(Court's Charge read t¢. the jury.) THE COURT: So, with that, that
concludes the reading of the ~ha~ge. At the conclusion of the' argument, the bailiff will ~ay this Charge on the table in the jury room.
You may proceed. MS. KIBLER: rhe State will waive the
ri~ht to open· but reserve the· right to close~ Your Honor ..
'
'!'HE COURT: Then, Counsel, you may
proceed. MR. · SCOTT,: Thank you, · Your Honor.
CLOSING ARGUMENT BY ·THE DEFENSE
MR. SCOTT: ~adies and ~entlemen bf the jury, I appreciaee the a~tention ¥ou•ve showri during the pr~sentation of this case. The Court has ·now . ' ,
: ·, f lJ ' . ' ' ' : . . told you what .sh~ would do when we ~tarted all this Q p.nd that is gi y~ you the Court's Charge. This is. the guidelines and_rules by which you are to deliberate. .. ~ This follows out ~We told you abdut the indictment. . '·· • and tells you ~he words and the phrases that are ~ATTIE KiMBLE, CSR 77 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 2 of 27 • *56 1 defined in the law and that you must follow. .,.~ '•.
2 We also told you that it's your 3 responsibility to determine wha~ the facts are .
. ·.. ~,:-; Disputed facts, a jury resolves disputed facts. My 4 client has entered a plea of not guilty. It 5 6 brought -- once that happens, a person goes to trial, 7 a j~ry is selected. That's what happened.
You must therefore, as a juror, analyze 9 the evidence, base your decision solely ~~on that 10 evidence, and a true verdict render. S ') wh.a t do you have to look at? ~1 The case did not take very long. The •
circumstances under which it happened took less than
of time, it was phenomenal. But regardless of the • 10 seconds, 15 seconds. I mean, such a short period length of time that it took, it's still necessary for to you break down all the conduct, analyze the conduct, and see if the spoken word coincid~s or correlates with what the physical evidence shows when you have physical evidence.
There ie physical evidence in this case. There's a great deal of physical evidence in this case. But there's also a great deal of issues that have not been answered.
·-
Now, you got a complaining witness that
•
MATTIE KIMBLE, CSR
_______ .. ________________________________________ _ - ·-.-- ·--- -------------~- 78 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 3 of 27 • 1 •
talks about bei:-.g on 'the phone at 1:30 in the
*57 2 morning, talking to his daughter who was in Plano or 3 somewhere~like that wheQ he heard the window break, the glass break out of the door. Well, we know it's 4 not 1:30. It can't be 1:30, because it has to be 5 6 before 12:09. n
Why do we know that?
8 Because the officer wrote down when he 9 got the call, two minutes later he got there. You
10 say, well, wait a· minute. We're talking about things 11 that happen, people don't really know. Well, that's 12 true. That's true. But what it tells you is that
•• you would normally want them to be before you make a • things are not necessarily as precise and accurate as decision such as your being asked to make here today.
So we know the time frame's off. Well, 12:09, 12:06, 12:07, 1:30, what difference does it make? Well, that's the difference it could make to you if you wanted to analyze and be a critical juror and find out what was going on .
•
He talks about the man that he says
came into the building, carne into the building through the' 'lllindow of the front cdoor, which is Exhibit 3, all right. Exhibit 4 shows that front
•
door now . But, of course, it, likewise, shows the
•
MATTIE KIMBLE, CSR
·.
79
Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 4 of 27 • 1 *58 blind as it appears now and it appeared, according to 2 the officer, the same on that night. There's only 3 damage to· the";~.~. blind out of about one, two, three, 4 four slats. The bottom of that blind is absolutely
intact. There is no damage to the bottom of that 5 6 blind. 7 Well, does that make any difference? 8 We'll put it together in a minute for you. ·9 10 No. 5, ~ikewise, a picture of th~ front +1 door, the same blind. This shows you other things, 12 though. This shows you basically from the doorway,
• 13 which is the dovrway which is in No. 7, you come 14 through this doorway and you go into the room, which 15 is No. 5, all right? You come out of the door and, 16 as the Prosecutor was standing approximately right 17 here in this location, where the man says he was, 18 looking out this door, right in this doorway, looks lS and sees a man crouched down, he says, over here by 20 this desk, okay? 21 EverybodY on the same page? That's what he said. He even got up 22 23 and demonstrated with the little garbage can and he 24 bent down on one knee where he says he saw the man
. 25 with the knife in his hand. The man's back would be
MATTIE KIMBLE, CSR
<' 80 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 5 qf 27 • 1 *59 ,, ..
towards you, of course. It would, likewise,. be away
from ·the complaining witness, would it not 7 He W'as crouched down. .. like this, cutting the cable, the man's here, the man's back is obviously away from him. At least that's the way I perceive him. The man gets up and turns to him and holds the knife up like this. He's shot, according to the man.
Now, the man'dives back out through the window that he's just come through supposedly. Of course, he·did that without any damage whatsoever to those Venetian blinds. No damage. None .
. ~·~ Is that poss~ble? • T)le evide.nce~.-would indicate it is . ··~\ Common sense woul~ tell~~o~ that's impossible. He ... cannot have cie·ared -that wLj.ldow without destroying, ·~ bending, damaging, in some way doing something to those Venetia~ blinds.
Now, you-know that he says he's in fear ·,;~ of his life supp-osedl'y because the man is some -- he says ten fe~t, it ~ppears to be 15 feet away from him, because he's ho1aing a knife. The man's left hand is down to the side, the knife is in this manner.
Is that consistent with what he is •
says?
MATTIE KIMBLE, CSR
...
81
Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 6 of 27 • • *60 That's what he says. But it's not consistent with the medical retords~ It's impossib~e. ~It's physically impossible to have occurred that way, according to these medical records. Because it tells you in here that the man, as we've shown, was shot here on the under side of his arm and it talks about a fragment of the bullet b~ing in the ma~·s wrist to this day. It couldn't have happened like the man wants you to believe it ·happened.
Holding the knife out like this is physically impossible for him to shoot where he says • • he was over here. Unless the man had the knife up like this. That allowed an entry wound and that allowed the trajectory up to his elbow. That's what it says, but the man said he held the knife like this, made no gesture, did nothing.
Shot through and through in the leg .. How do we know he's shot through and through in the leg? The man wants you believe that while he was still -- becau::"e I ask [40] ed the man, I said, are you sure he didn't turn or·do something? No, he did not.
.. He stood and he faced me and I shot him twice, pow, ;23 24 pow.
•• We have a gunshot wound to the mari's 25 •
MATTIE KIMBLE, CSR
_________________ ......... _ '~ v·w.""'i'~:«.. Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 7 of 27 8 2 • 1 leg. It's in the medical records. It is a through •
and through gunshot wound; That means in one side,
*61 out the O'the,c side. The man is standing facing the complaining witness, he is backed up because of where the man tells you the Defendant was kneeling right in front of the desk.
(' / The officers who spent an hour out there looking for evidence could not find a bullet or bullet fragments, a spent bullet anywhere in that office building. There's a bullet because ·he said he fired the bullet. But we know where one bullet is. It's in this man's arm. You know that because of the
• medical records. You know there is another bullet somewhere because we got a through-and-through hole •
in his femur. And it says that in the medical
records. But we can't find a bullet in the office. We can't find a bullet in the desk .. We can't find a bullet anywhere.·
We say, well, what difference does it make? Well, i~ makes a lot of difference. It makes a lot of difference because you would have tangible proof other than just what a man says, a one
·witness who says something, supported by the result of the firing of the gun. You'd have that, if you •
MATTIE KIMBLE, CSR
-······-·····--·------- 83 .! Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 8 of 27 • 1 • *62 found the speLt round and they looked for it. They couldn't find it.
~But you've got something else in the medical reports. Not only do they talk about the through-and-through gunshot wound to the femur, but they show throuqh an arrow and through a diagram in here that it was an entry in the back and it was exit out the front. .Exit in the back -- or entrance in the back, exit out the front. Shoot from there to here, and it would have to enter from the back.
Why? Because that's what the medical records
•
say. The man would have to be facing this direction,
•
would have to be with his back to the man when he's
shot. And that would, likewise, be consistent with him being shot in the back of the arm. So, the man isn't facing him with the knife. He isn't about to attack him with the knife. If he's in the building
'! at all, I submit to you he would have to be facing away from the man when he's ihot. But tha~ still doesn't answer the issue as to where is the bullet. Where is the bullet? The evidence could lead you to believe that the man was out the door aLd was shot in the back. And that would explain no bullet, no spent roune, other than
-~·
•
MATTIE KIMBLE, CSR
84 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 9 of 27 ..! the one that he's got in his arm. We can tr~ce that • • 1 *63 2 orie forever. But if he's out of the building and 3 he's sho~--~then, you say, well, what are you 4 talking about? What are you talking about? 5 ~ell, I'm talking about somebody that 6 might have had too much experience as a reserve 7 officer who might have had a burglary and overreacted. We might have had a person that is 8 9 junior G-man who wanted to do his own investigation
' 10 and take his own pictures and shdw you how much this chunk of con~rete wei~hed. 11 12 Of course,. that brings up another
•• out there and finding the knife, which, of course, no • curious thing . The officer talks about that, going one bothered to see if there were other knives like that knife in the kitchen. I don't know if those come in sets or not, I don't have a clue. But it would be curious to know if there were other knives like that knife in that man's kitchen. Nobody bothered to look for that that we know of. Perhaps, it didn't occur to them. We don't know. We don't know what was done out there, do we? Do we know? Do we honestly know out of all those officers what anybody did? We had a print guy. One man who came 25;
, ,, •
••••
MATTIE KIMBLE, CSR
85 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 10 of 27 •
in and didn't know anything about any of it. He just
*64 said, I'm a print man. I can get prints off of most anything .sometime, sometimes you can't. The guy that
·~··· actually did any of the print work, we don't know what he found cr didn't find. We do know he g6t a couple of smudged prints. We don't know about that knife. We don't know about other knives that were dropped that night, and we don't know anything about this big chunk of concrete.
The officer never mentioned that concrete, did he? With all these pictures that the •
concerned Complainant was taking because why? Either
the police 'weren't doing it right or something. Something was wrong, I wo~ld assume, because he saw fit to take thP only pictures of the scene, the only pictures of·the stuff. Well, not even the scene. I take that back. ·TheDA's office goes out there two weeks ago, they take these pictures. They take these scene pictures a year later. So, the fellow didn't even do that part. Bat we .do know that No. 6 shows us the computer. I'm curious as to why a person would cut the computer cords as far as just unplugging them. I don't know, maybe there's a
•
reason for that. You can cut them quicker than you
MATTIE KIMBLE, CSR
86 Case 4:08-cv-00443 Docur1ent 2-1 Filed in TXSD on 02/04/08 Page 11 of 27 • . • 10.. • 1 I'm not a computer person, so •
can just unplug them.
*65 I don't know that.
Takes a picture of what he says is the :~-.; knife that the man had. I'm having trouble seeing any concrete block, any concrete anywhere. You think this size, you think the officer would have seen that oh, yeah, I know how he did it, he broke out the .window with this chunk of concrete and it was laying I asked him what he saw. I think inside the door. my· exact phrase was: Was there anything of interest to you beiides the computer and the knife that you saw there? I think that was my question, maybe it wasn't, but it was something like that. Not a thing. •
Not a thing.
So th~ officer doesn't even know about that until the guy brings it down here in his own little satchel to mak: sure you get to see it. Wh [1] ether i t is or not, I don't know. Whether it's the same brick, same rock, same anything. The officer sure cah't testify, he cari•t help you with it because he 9oesn't know anythin~ about it.
So, we're back to the same man. The same man that we know is not being accurate with us when he talks about shooting the man. He carinot be accurate when he talks about shooting the man because
•
MATTIE KIMBLE, CSR
87 Case 4:08-cv-00443 Docur,,ent 2-1 Filed in TXSD on 02/04/08 Page 12 of 27 • 1 he says in relation to those injuries. Everything. •
we've got medical records that disproves everything
*66 Makes it physically impossible for it to occur .
. •' ~-~ But you can be a law enforcement minded to th~ point ~o say, well, we don't care what that's about, we still want to convict this man. But that's not your job. It's not your responsibility. Your responsibility is to listen to the evidence and, based only on that evidence, co~e up with a verdict.
The State has that responsibility. It's their burden. It's their job~ Ten to fifteen I'm not sure. I don't want to mislead
•
you. A number of officers went by there, went
•
through there, did all this stuff. We got one here.
I ·. We don't have print man here. We don't have photograph~ h~re. We don't have anything. But ba.sed
--------------------------------------------------~----- upon that type of evidence, the Sfate wants you to
I
I think if you read the Charge convict my client. and read your responsibility, the weight of testimony, those type of things, that you realize whatever happened out *there, we haven't been given enough information to know. As I said, kind of like "Wheel of Fortune." How many have been right up to the last two letters and missed it, like the Prosecutor's grandmother? How many have come right
•
MATTIE KIMBLE, CSR
-,--,.-----------------·----··------------------- · - - - - - - - --------- ----- 88 Case 4:08-cv-00443 Document 2-1 Filed in TXSD on 02/04/08 Page 13 of 27 • • 1 *67 up to the last letter and missed it? 2 You're not being asked to get close~ 3 We're ask'ing:.-you to be convinced beyond a reasonable
doubt. Because it's not just what happens when you go home. It happens to the system. It happens to this process. And this process is dependant upon people taking an oath and listening to the evidence. And if it, is consistent and if it is believable and it is logical and it all fits together and it makes sense to you, then convict my client.
But if it doesn't, if it doesn't fit and it doesp't make sense and it's not consistent and •
it's not logical, then you react to that as well
because you don't have a responsipility to convict. It doesn't say a true verdict render, which is a conviction. It means a true verdict based upon the evidence; and the evidence shows you that that man, whatever he was doing out there, he was not shooting
1S my client in the front. 20 And you know the other things that are 21 so inconsistent here, that if you had to go buy a 22 used car or something like that, based on this 23 information, you'd never buy it. This is a heck of a 24 lot more important than a used car deal .
. 25 Thank you. •
MATTIE KIMBLE, CSR
Case 4:cti~RRJ~ocuOJJ~;T¥illcfQS:aJTJ\k4JO~$l;fil~T27
Radiology Services Consultation
~edical Records Copy *68 NAME: JACKSON, SAMUEL MR#: 436-36-13-8 DATE OF BIRTH:. 03/05/1956 ORO#: 90004
SEX: M
AGE: 46Y · ORDERING LOCATION: EMERGENCY CENTER ROOM/BED: 5523- ACCESSION NUMBER: 5513196
ORDERING DR.:
LANE PATIEN M.G. ATTENDING DR.: BRADFORD SCOIT M.D.
***Final Report*** DEPARTMENT: BTGH EMERGENCY CENTER RADIOLOGY CPT CODE: 73090 Exam(s): BEC 0057- FOREARM 2 VIEWS MIN -RIGHT ·
May 24 2002 2:45AM (End Tracking Time)
2 VIEW RIGHT FOREARM: 5/24/02
COMPARISON: None.
CLINICAL INDICATIONS:
GSW IMPRESSION: 1. No evidence of acute fracture noted.
2. There is a bullet fragrrent overlying. 3. Prominent esophagus due to swelling ofthe foreann with air visualized in the soft tissues. Recommend clinical ~orrelation.
DISCUSSION: The bones are well mineralized. SNSMK!oa
~ The staff physician below has personally reviewed this exam on the date of dictation. REPORTED BY: SALAMAAN AHMED. M.D. READING DATE: May 24 2002 11 :OOA
STAFFED BY:
SHIRISH KOTHARI M.D. SIGNED DATE: APPROVEIYBY: SHIRISH KOTiiARI, M.D. SIGNED DATE: May 28 2002 8:19A Transcribed by I Date: OA I on May 27 2002 :.1:24A Approved Electronically by/ Date: May 28 200:! 8: I 9A Radiology Services Consultation
Page 1 ......... --···--·-"""·------------- . . . . . ' ..... ......, -'-'•'~• • ••vvriii-\L ·" I Kl \., I Radiology Services Consultation Medical Records Copy *69 r VIE: JACKSON. SAMUEL MR#: 436-36-13-8 03/05/1956 ORO#: 90003 DATE OF BIRTH:
AGE: 46Y
ORDERING LOCATION: EMERGENCY CENTER 5EX: M
:-"·· ~OOM I BED: 5523- ACCESSION NUMBER: 5513195
LANE PATIEN M.D.
ATTENDING DR.: BRADFORD SCOTT M.D. JRDERING DR.:
***Final Report*** >EPARTMENT: BTGH EMERGENCY CENTER RADIOLOGY
:PT- CODE: 73550 .
:xam(s): BEC 0070- FEMUR 2 VIEWS -RIGHT
May 24 2002 2:45AM (End Tracking Time)
2 VIEW RIGHT FEMUR: 5/24/02.
~OMPARISON: None. :LINICAL INDICATIONS: GS\V · _rRESSION: No evidence of acute fracture. ISCUSSION: The hip joint appears normal. .VSMK./oa he staff physician below has personally reviewed this exam on the date of dictation. :PORTED BY: SALAMAAN AHMED, M.D. READING DATE: May 24 2002 11 :OOA
AFFED BY:
SHIR.ISH KOTHARI M.D. SIGNED DATE:
lOVED BY: SHIR.ISH KOTHARI, M.D. SIGNED DATE: May 28 2002 8:19A nscribed by I Date: OAJ on May 27 2002 9:26A :>roved Electronically by I Date: May 28 2002 8: 19A Radiology Services Consultation
Page 1 •·9 A:! -()ry •· ~·O~at~e.~~~==~======~~ ------·--·- ···- -···--------------,r-------------·----·---. -·-·-----·· *70 ~ Tim_e--1-_P_ro..,ce_d_u_re----1---------0_u_tc_o_m_e ____________ T_ime Procedure Outcome ----- -----·-------- ABO/ ED BBS End Tidal C0 2
KUB
Size: CXR Position Taped @ __ ---1----t---------------·---·-·- ----··---·-·--
EKG
Aortogram 12 Lead ! - - - t - - - - j - - - - - - - - - - - - - - - - f - - -+ - - - -+ - - - - - - - - - - - - · - - - - - - - - Backb·oard Foley Removed IVP I Central Cystogram Line
NGT/
Chest Tube C-Spines 0 Pelvic 0 Abdomen 0 Head
Splint I
CT
0 Other. Traction Thora cotomy Ventricu lostomy Other
>isposition Time: 21 tf !$esident (Signature & 10#) •- -4- 3 rrati~t~ 13 8 . Att~ndi~g (Signature & 10#) JOvct:~~v~~~~~\rt,_ t~ S u .) / 0 :> I ~· b - rris County Hospital District
XV
Ben Taub General Hospital Emergency Services
-PHYSICIAN ASSESSMENT SHOCK ROOM NOTE
Distribution: White- Medi.cal Record Yellow- Trauma Services . ' ..
HEAO and S-t.CE
*71 []Abrasion 0 Conllrsion 0+LOC Head: B"Norm 0 Hematoma/Swelling 0Delormily []Laceration DAmnesia (event retrograrJ~)
(event retrograde) Descri -~~~r~------------------------------------------------------------------- es: . orm tXfERL . 0 Hematoma/Swelling 0Laceralion 0Abrasion 0 Racoon Sign/Baltle Sign ~ ~ / Gaze: cJ:H<formal 0 Abnormal 0 Diplopra f---. -._ \ Describe: ( ,.- \ 0 Deformity 0 Laceration Ears: -~ 0 Hematoma/Swelling 0 Abrasion 0 Contusion 0 Otorrhea ~\ - ) \ - - ) Nose: ~e: 0 Hematoma/Swelling __....-/ ~1 • 0 Det,ormity 0 Laceration 0 Abrasion 0 Contusion 0 Rhinorrhea J
}
\
Describe:
Mouthfrhroat: HCiormflRematoma/Swelling 0 Defonnity 0 ~eration 0 Abrasion 0 Contusion SJ Teeth Malocclusion 0 Teeth Missing Mandible: ~e 0 Unstable Zygoma: ~ 0 Unstable Maxilla: 13-Stable 0 Unstable
NECK/BACK
0 Norm 0 Hematoma/Swelling 0 Deformity 0 Laceration 0 Abrasion 0 Contusion 0 Pain 0 Limited Motion 0 JIVD Carotid: +L C-Collar in Place 0 Yes 0 No 0 N/A 0 Crepitus Bruit: _ R _ L Alignment Precautions: _____ _
+R
Describe: ____________________________________________________________________________________________________ _
CHEST.-..-~-
~onn 0 Hematoma/Swelling j:l~~ity 0 L<Jcera.!kln 0 Abrasion 0 Contusion 0 Rib Tenderness 0 Sternal Tenderness 0 Seat Bett Marks Breath Sounds Present: Q1::{[l. . )2fRUL £rLLL/o LUL 0 Subcutaneous Air Location: 0 Crepitus Location:------- Describe: ___________________________________________________________ ~---------------------------------
CARDIAC.......------".
,_.er NSR 0 Other Rhythm 0 Distant Heart Sounds 0 Abnormal Heart Sounds Describe: __________________________________________________ ~~-----------------------~----------------- ABDOMEN . ~ 0 Hematoma/Swelling 0 Deformity 0 Laceration 0 Abrasion 0 Contusion 0 Tender: 9-LU~ _.)=1 RUQ
0 RLO 0 LLQ 0 Seat Belt Marks 0 Distention 0 Absent Bowel~ds: 015resent 0 Scars:-------------- Describe: ______________________________________________________________________________________ _
.LVIS!GV:
IDorm 0 Hematoma/Swelling 0 Deformity 0 Laceration · 0 Abrasion 0 Contusion 0 Tenderness 0 Blood al Mea~- 0 Pelvis - Unstable 0 Rectal Exam Done Genitals: <B'Normal 0 Hematoma/Swelling 0 Deformity 0 Laceration 0 Abrasion 0 Contusion Describe: ________________________________________________________________________________________ __
0 Pregnant Uterus: LNMP: wks. Comments:
EXTREMITIES
0 Contusion X Domin 0 Left o/.;! Z..·· 0 RUE 0 RLE Posterior Tibial Carotid Femoral fJ-
R+
··:?-
L+
GLASCOW COMA SCALE
lA SPONTANEOUSLY A. RE~I' ~ 10·24 M EYE TO SPEECH 25-35 [3] Smoker OPENING TO PAIN 2 > [35] ..< [10] [1] NONE 1 [0] ETOH [0] lA/ ORIENTED COOS & BABBLES 1--4 CONFUSED IRRITABLE CRY
B.SYSTOE£1 IVOA >90 VERBAL INAPPROPRIATE 3 CRIES TO PAIN 70-89 . 2 INCOMPREHENSIBLE MOANS TO PAIN 60-63 [2] PMHx: 1 NONE NONE <50 [1] ~ 6 [0] [0]
OBEYS COMMANDS
SPONT MOVEMENTS LOCALIZES WITHDRAWS TO TOUCH [5]
C.CONVER~G
WITHDRAWS WITHDRAWS TO PAIN [4] 13-15 MOTOR Curren! Meds: FLEXION 3 9·12 . FLEXION f 6-8 [2] EXTENSION EXTENSION [2] 4--5 [1] 1 NONE NONE 3.() [0] Pup•ls: .1 Hour after admiSSIOn .aceration 8 Bum 0 REACT 0 SLUGGISH 0 UNREACTIVE R: s;ze: - - - - - - - *72 -- ----·---·------.-- /7 ValtJables: f_IJc :j ~anus Toxoid: Pedi: ,..-----· Curren! ~ cc IM Site ( Weight: i_lo. ~-·· 0 Family 0 C.!Pthing Clery (!F'ZetD . lmmun iza7 t 11: U o _f- z. I /rA de with Patient fl~ VI_. '.;" c· Time: I 0 Other (explain) &·<)A lvj, I c I -/d l! Compa ny:-fft.r Jt:,...c.~~ Exp. Date:{{;ji(;/;J v ' / ru..-;~4~ By: 7 ,._ -_,_ j(/j/L[/f1 Allergies: IV Fluids and Medicalions (' 2.-le !& ~ f• {__ ,(/t } /~ v Output Pulse Time .,!ntake 8/P Resp. Temp. 0 [7] SAL GCS RTS c.;v I j@--y,r> /(p 11d 7:£?:11 /r;-· vz.· .. I ' ~ 170/r. {,:_., ( 1 )/).(_{ Cjj --/v· !(,. _r/;1)) 6/.Ai D {c, 71 ~79tf/rt_ b~~ ~ (~o_ /) [1~,10? / ( b?A 5.rk ;vr-./.h I b 2-·4 IG
t(_
. Cib. ff1[jf_ ~~ ~ 21flv ·' .. . .. -
TOTAL
Assessment I Intervention Time / >l.j tfG u. 11 . f} 10 18 rJ Affr ; ll-Fll A-;.:; d, g J! I~ &tn_ OtL/h h tfJJ:Ik-~ t!!D'ffl //r1 u(/w ~ ;#!,~ ~-,/ 3.!/o 6. #llii-4 · ;:c/# . / ..,. . ~}r.U if/('- 1-t/ft?,X' 4L r/ ~ b//(/~/?4 ~-·&'·:? IS/d. rfr-£v'A-.. < ~tL/VI /~A/ . d) tAU~ ~//,./ (?).fZ1:d~.n r~ ·wrV. -/ rtJ~7 71) Ju-4 ~AJ/1 ~- ~~/0/r ..-/l--(' ....__ 7/ ~· / . -· - I .· ,. 7) /(_d7/ .' ~ing 0 OR/PACU 0 Special ProcefU re OiCU sposition Time: OMorgue - ///) •rse·s Signature & 1011 IPhysi¢~ mf~_/ .. ..
Case 4:08-cv-00443 Docur ,ent 2-1 Filed in TXSD on 02/04/08 Page 18 of 27
*73 HARRIS COUNTY HOSPITAL DISTRICJ;- ...... ~ MA SA rniriaiAssessment Oate t;"-,k(~i.';tnmeOr .) ~ PM AM Chief Complain!: b.SW (e.:; p_,.....,....._-r-,( J.:_, f4
M6 SB NEUROLOGICAL ASSESSMENT Time Temp P R 8/P NURSING OBSERVATIONS/INTERVENTIONS •• ··--·· s e 2 3 [4] [6] 1 g
PuoU I Size I Reaction L Pupil J Si~e I Roacrlon OS l '?::, l "~ [00] I ~ I 1!----_
Pupd ReaC1ion: R . Aeaclive N - Non-Reactive Level on Consciousness: INTEGUMENTARY -.-.-7raie"-~ 2'13rowsy Color: Skin: f::_Normal _Restlessness _ Lolllargic
ewarm _Pale _Unconscious ~ on-,------; _Flushed t- - _Diaphoretic -nenta-. - [1] [0] [1]
_CyanoNc _Cool ~ ?.'f'lace ...!:l>erson _Jaundiced _Clammy
RESPIRATORY
~Unlabored _,.,bored Be•t Motor. ~s Co<M\ands _l..ocalizas Pain
CARDIOVASCULAR
_Extension _No Response Pulses AJQ_ht Left
Brachial Radial +- d-
-{ ~. 5{2_<$-y~ - .I {f.~ .. ;__~-fr0[ V~r- Motor Ability & Strength: Femoral [1] Jo t5) () { .. c;, tsL rL'lr(j,, V"ll~ Stron<J Weak Absent Pedal 'l ( AA .... :::..-.z< .. ~ y; c;). • f,L'~"f o-Absent + 2-Normal
LA
v + 1-Weak + 3-Bounding
AL
Ll / ~C i.,. ~ '(.Jt. ~ /"')?- (
Allergies '---·- PSYCHOLOGICAL nme IV I MEDICATIONS (dosa/rOU1e/slte) ':rearm _ CombaUve ~perative _Anxious EVALUATION OF PAIN:
.,..c_ Exact Location: L ~_l~<C .{_.._,. c· p<~ (- t----~.,.,..:--~~ Onset: ___ -_____ v __ -_ _ __ _ 1-----+-.... '---------------------------1 Du ra t ion :______________ ,
1-----+----------------------------------1 Pertinent Lab Values j Total:
. EMERGENCY /.AMBULATORY CARE PATIENT PROGRESS RECORD
-----------·--· ... _ .. _________ . ____ _ WHITE - Chart Copy !\udit CC'ov CANI>.RY - *74 ··f. ~-·--=::-=:-:--=-:-':-0:::-at-':e:-: \::!:::::J'----:-4--{t._()_l/r ___ im __ e~:-.:tf)l()_ ____ Estimated Tim~-~1lL~_!:x~{_c:l.-D ~ateg~~-")a:::L. o ~---··---
I
Circle the direction of impact and patient position I ~---·MOTOR VEHICLE T _ f I 0 MVA Seat Belt 0 Steering Whe_eJ Damage in vehicle. g ~~~Ped
0 ~~~~~;eat ~~ 0 ::~-windshield '-.. [ ~ 0 ~ . . 0 ~~bulalory at Scene
F ~ Type of Veh_~ I Speed of Crash: I Fatalities al Scene: 0 Bicycle Distance Ejected: I - 0 t MPH X Ft. ,X.. FALUJUMP TRAUMA ~ ASSAULT ...-/· Approxima~ Height: .-------rt.
Weapon Used:=-~--=--·-------------- Coinll}~
Landed on Surface Type: 0 Flame 0 Chemical 0 Electrical
PENE~TING
THERMAL ~SW 0 SGW OSW 0 IMPALEMENT 0 #WOUNDS__ 0 Exposure 0 P~tentiallnhalati. ~ Feet from Gun: ___ _
Description: -~,.,.....o::._ _______________ _
.c=·
Weapon/Description: Self Inflicted? 0 Yes J:;i?o'
0 Enclo~ce Length of Exposure:
OTHER
Describe:
PREHOSPITAL TRANSPORT
--B-e:c01far ~kboard 0 Other 0 02 0 Oral Airway 0 ET# 0 EOA 0 BVM 0 Sp l in t - - - - 0 Pressure Dressing . 0 MEDS 0 IVs Initiated 0 Estimated Blcodloss: cc
AIRWAY ~nt 0 Partially Obstructed 0 Obstructed INTERVENTIONS 0 ETT# ~fai/Nasal 0 Nasal Trumpet Ds:getidns 0 Foreign Body 0 OtP,?F A. _/_ 0 Oral Airwa!JJ- · yroidotomy OTracheotomy j/ / /'!;:! / ~ -~fli.~Precautions Malntained by: Time: ....--- End Tidal C02 - - - - - BREATHING ~p~eous 0 t:abored DAgonal By: M.D. Breath \Sounds DYes DNo 0 Deviated Trachea: __....QM~clline R L T ime : - - - - - - Chest Wall: 0~ 0 ABN: __ 0 Breathing Assisted with Bag-Valve Device ET
size Breath SounctrRig~L 0 Diminished 0Absent __ 0 Needle Thoracotomy: ~1: 0Air Expressed Left_~ ODiminished OAbsent _ OOc~r-essi~- ~Administered by: 0 Sucking Chest Wound 0 Flail R L at L T ime : - - - - - - CIRCULATI~ 0 Flushed Color: ·---tfw~ 0 Pale OCyanotic __ 0 Auto Transfusion Uti/izprl cc __ 0 P Skin: ~~~0 Cool OHot OCiammy ODiaphoretic e Dressing to : - - - - - - - - - - - - - Pulse~resent. 0 Absent 0 Diminished 0 Thready
IVs Established (see intake record) Hemorrhage:~~ 0Gr~s 0 CPR Initiated Est Blood Loss cc 0 Pericardicentesis OTiloracotomy 0+ Loss of Consciousness X · NEURO ..--81'Vert gsesp·onds to Verbal OResponds to Pain Only 0 Unresponsive min. '3. ~~live OSiuggish QU;;'reactive "4 0 Sluggish Pupils Right: Size. ./tJReactive OUnreactive Left: Size 3P: L ft /I ,vu; 1 }/ /,t & V).o
HR:
RESP: TIME: (>:>nsultants/ Time Time Time Time Service Name & 10 # Service Called Arrived Called Arrived ~ l1JI I Trauma Faculty Pedi Surgery rrauma HO 5 Pediatrics rrauma HO 4 Anesth ::c Chief
f 7"\ Thoracic :c Intern . f-A-. ~- Plastic :c Intern
Urology :c Nurse 1 1"j==rr.L"\-H--,-"I-/.--.-+<-ch aplain :c Nurse · -·- .. .. , Social Services I Circle One) !eurosurgery
CPS APS Police Other •rtho C'U ~ Patient 10 Harris County Hospital District Jb I-. ..L5 8 2llf t JACKSON, SAMUEL Ben Taub General Hospital H 8 03/05156
LEVEL 1 TRAUMA FLOW SHEET o r x v Distribution: White -Medical Records Yellow- Trauma Services PRIMARY ~IIR\/t=V Retention· HR-4Ann.nd
*75 APPENDIX COVER SHEBT APPENDIX COVER SHEET APPENDIX COVER SHBgT
- 25 - - I
NOTES
[9] Avulsion Contusion 0 REACT 0 SLUGGISH 0 UNREACTIVE L: s;ze: - - - - - - - - - Hematoma
[10] Amputation
[3]
[5]
[6]
[7]
[6]
[9] REVISED TRAUM,O. SCORE
[11] Fracture Abrasion A+B+C= / } / Deformity 12 Dislocation ~d!'!··· Pupil Puncture
[13] Eviseration j.._)0J
[14] Pain GSW lniti~lc: :CONDARY ~IIRVFY