Case Information
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DISTRICT CLERK STACEY LANDRUM (903) 408-4172
Clerk, Court of Criminal Appeals P.O. Box 12308
Capitol Station Austin, Texas 78711
April 21, 2015
RECEIVED IN COURT OF CRIMINAL APPEALS
APR 282015
Abel Acosta, Clerk
Re: WRIT08299 Charles Killingsworth Dear Sir: Please find enclosed the additional filings in the above styled and numbered cause.
Applicant's Supplement to the Original 11.07 Writ of Habaes Corpus. Yours truly, Stacey Landrum, District Clerk By Dee Ann Brierton, Deputy
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EX PARTE
HARLES KILINGSHORTH
STATES ANSWER TO WIRIT OF HABEAS CORPUS
Now comes Charles Killingsworth, applicant, and pursuant to Article II.07, files this rebattel in response to State's Assuer to Applicants Writ of Habers Corpus, and shows the following: I. Applicant never waived any issues of ineffective issistance of counsel when he pleaded guilty for the First time, not the second time as represented by the state in its answer, on 1ctober 15, 2014. The state also represented in its answer that the trial court granted applicant his motion for new trial. This also is not true. The applicant was granted New trial on punishment only. See State's Exhib. 14. The trial court did not grant the motion for new trial on punishment on September 24, 2014 but rather on November 5, 2014. See State's Exhib. 4. The dates on these forms are incorrect. The applicant was never granted a new trial in whole. If the
*3 Applicant was in fact granted a new trial he was mistend and explained that only his sentencing trial could be granted. The trial court did certify that Applicant had no right to appeal. However, the Applicant did have a right to like a prose petition for discretionary reviews, which he did. Atle from the Hunt Canty Jait on November 2, 2014 which was never ruled or by the trial court. Therefore the Applicant had no other choice but to refile his written (Petition for Discretionary Review), which he did in a trandy manner. See Appiccant's original Petition. 2. The Applicant never claimed he had an insunity defense based upon the evaluation by Dr. David Bell. See Applicants Writ at pages 10-11. The Applicant never once brought up Dr. David Bell. Since the State brought this issue to bane, the Applicant was diagnosed as mentally ill by a licensed psychiatrist for the state of Texas and placed on medications. See Applicant's Writ at pages 8-11. The Bell evaluation the state relys upon isn't even too this case but a misdemeanor case. The Applicant was never evaluated on this criminal case, nor was the Applicant given any testing. The States claim is unfounded 2-
*4 WHERE FARE, premises considered, the Applicants' Petition for Discretionary Review should be granted.
Respectfully Submitted Charles Killingsworth Charles Killingsworth TDCJ No. 1946056 Ellis Unit 1697 EM 980 Huntiville, Tx 77343
[Intritute of Service I horeb, certify that a true copy was placed in the U.S. Mail to Kelli M. Aiken, First Asst. District Attorney; Hunt County, Texas P.O. Box 441 Greenville, Texas 75403-0441 on April 14, 2015.
Charles Killingsworth Charles Killingsworth Pro Se Applicant