Case Information

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INTRONACTION PROCEDURAL HISTORY

A. ON SOIS APPIICANT FILED HIS INITIAL 11.07 WERT APPLICATION ALLEGING." 10 " APPLICANT GREECTS TO THE TREAL HAPPERS CAVES DETERMINATION IN ERGINGS 2,5,4,9,10 FOR THE FOLLOWING REASON;

OBSRCTION* ONE. THE TREAL HAPPERS CAVERT ERGONSOUSU NECEPTED THE TREAL ATTURNEY'S INFRIDENT CONKENING THE PLLAA CFFER TO DENT RELIEF WHICH IS UNREASONABLE ANO CONTRARY TO UNITED STATES SUPPENIE CAVRT LAW PENDERED IN NEISSAURY V. FAIE 132 S.C. ${1399}^{\prime },132$ L.ED 2d 219', 2012 US USKIS 2321', 20 U.S. LW 4353', 28 FLA. L. WRENLY FED. S 193.

ABNINENT

IN FIVE AT 329-25 THE HONORABLE TUDRE MADE THE FOLONING CONCLUSTION CONCERING PLLAA CFFERS. 2. AS ABENERAL RULE, DEFENSE CONUSEL HAS THE DUTY TO ACCEPT A PLLAA ON TERMS ANO CONDITIONS THAT MAY BE FAVORABLE TO THE NCLSED AN EXCEPTEANS TO THIS RULE NEED NOT BE ADDRESSED WERE, FORE THE OFFER WAS A FORMAL ONE WYETH A FIXED EXPRIETTION DITE. STRADFACES FOR PROMPT COMMUNICATION ANO CONSULTATION RECOMMENDED EN THE AMERICAN PARA ESSENTATION ANO ADDFTED EN NUNKERS STATES ANO FEDERAL CAVERS THOUGH NOT DETERMINATDIE, SERVE AS IMPORTANT ELIDES. THE PROSECUTION ANO TREAL CAVERS MAN ACOPT NEASURES TO HELP ENSURE ASSENTIST LATE FRE-VOLUNS, OR EARTHICATED SECOND, STATES FEDERIVED IN PEAUCE THAT AL OFFERS BE IN WEST EFFYST OF CRIMINAL APPEALS

MAY 142015

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TRANO.

FORMAL OFFERS CAN BE MADE PART OF THE RECORD OF PEN SUBSERVANT (TEAL ED, 34335 ) PLEA PROCEDURE OF REFERE TRIAL TO ENSURE THAT A DEFINIDANT HAS BEEN FULM ADVISED REFERE THE LATER PROCEDURES CONDENSE. Here, AS THE RESULT OF CONVERS DEFINIENT DEFINIMANE, THE OFFERS UPDSED, UNDER, STRECKLAND, THE QUESTION THEN RECORIES UNITIF AN, PREIUDICE RESULTED FROM THE PERPOD OF DUTY. THEREFORE, APPISCANT RESPECTFULUY RESUEST THIS HONDRNALE CAURT TO BE MENOFUL, AND THE SUOCCIML NOTICE OF THE UNITED STEPS SUPERME CAURTS PRECECENT SET FORTH IN ERVE SA 319 THAT AN PLEA OFFER MUST BE MADE APART OF THE RECORD TO SUBSTANII FORE AN CONSELS CLAMP THAT HE INFORMED HIS OFFER UITTU OF RESUEL IN THE RECORD. AN REPOSURET IS INVALIGUE TO UNDERMANDRUOR, APPISCANT IC, C. CLARM. UNHORTSN Y. RECETING 1303.CY.1113 3000. SUPERME CAURTS FOR NEN RULE ANVANCED AN SUPERME CAURT DOCUMENTO "ALTER CAURTS UNDER STANDING OF REDROK PROCEDURE, AS REQUIRED FOR IT TO CUNIFY AS "WATERSHED RULE" OF CERMINAL PROCEDURE, SUCH AS MAN BE APPLIED RETROACTIVELY ON CALATERAL REVIEW, IT IS NOT ENLAM THAT THIS NEN PROCEDURAL RULE IS "FUNDAMENTAL" IN SAME ABSTRACT SENSE. BUTAS A REDROOK" RESHIT...

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• NECESSIFY FOR EVIDENTIARY HEARING

IN THE INSTANT CASE THE FACTS CLEARLY SHON THAT THE TRIAL HABERS COURT JUDGE WAS DIFFERENT THAT THE TRIAL JUDGE. FOR THE JUDGE TO RENDER ANV SUCH DECESTON WITHOUT CONDUCTING AN EVIDENTIARY HEARING, WOULD BE UNREASONABLE. BECAUSE THE HABERS JUDGE HAS NO PRIOR KNOWLEDGE OF THE CASE, ANO IF HAS BEEN HELD IN PERILOY. JOHNSON, 19 F. 3d 441,444 (5th CIR, 1946), WHEN THERE IS A FACITAL DISRUTE (THAT) IF RESOLVED IN PETITIONERS FAVOR, WOULD ENETTLE (HER) TO RELIEF ANO THE STATE HAS NOT AFTERD THE PETITIONER AFULL ANO FRIER EVIDENTIARY HEARING," AFEDERAL HABERS CORPUS PETITIONARY IS ENETTTLED TO... AN EVIDENTIARY HEARING 3d. WARD V. WHITELEY, 31 F. 3d 1355,1300 (5th CR. 1994). THE COURT RURTHER STATE IN THIS AREA BECAUSE JUDGE STEES COULD NOT SUPPLEMENT THE AFTERAUTE, AMOS, 61 F. 3d AT 367. APRIVING THE ABOVE CIRCUMSTANCE TO ADOLICANTS CIRCUMSTANCE THE TRIAL ANO HABERS JUDGE WERE DIFFERENT, ADOLICANT CONTENDS HES EVIDENTIARY HEARING, EN AFFECCANT IS NOT RELIABLE, AND SHOULD ENETTLE HOM TO ALDIE EVIDENTIARY HEARING TO DENELOP A RECORD ON THE LYNDER-WIDNE CLRIN.

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PRAYER

WHEREFORE, PREMISES CONSIDERED, APPLICANT PRIN IN THE DITEREST OF JUSTICE, THE HOURABLE COURT WILL APPLY THE U.S. SUPREME COURTS PRECEDENT IN, MISSOURI V. FIVE, 132 S.Ct. 1399,182 C.Ed. 3d 379, 3013, . AND GRANT RELIEF TO APPLICANT OF A SECOND CHANCE PLEA GFFER. APPORTUNETY, BASE ON TRIAL CONSSELS DIFFECTDVENESS.

RESPECTFULLY SUBMITTED

DECLARATION

I. CABL LESTER TENNISOL. DO DECLARE UNDER PENJALTY OF PERJUNY THAT, THE FORECORNIN ASSE StMED FORMATION IS TRUE AND CORRECT.

ELECTRON THIS $$ DAY OF $$ SIGNATURE OF AFFINNT