Case Information
*1 1324096-C Tr Ct No. May 15,2015 1199676-8 Tr Unswarn Declaration of Whidawit "My name is JOHNSTHOW BANKLAND and I am of legal age and a resident of the State of Texas. I have personal knowledge of the statements made heren regarding JOHNSTHOW B.K. HENRY and that they are true good correct I am competent to make this a thdawit.
WH 60-830-05 W8-60-330-06 001820 -05,000 COURT OF CENTRAL APPEALS I.ny name is JOHNSTHOW B.K. HENRY, I went to trial on a 100000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
*2 Further, affiant Saysh not: I JOHNATHON B. KUEMPS, being presently incarcerated in Wepne unit, in Walker County, Texas, declare under penalty of perjury that the foregoing is true and correct
Signatures: 1990, TDC3 Number 01623078 Executed on 2015
Under Federal law (28U.S.C. Section 1746) and State law (V.I.C.A. codified as practice and Civil Remedies, Section 132.001132.003), offenders incarcerated in Texas have the right to use an unnotarized affidavit under penalty of perjury instead of a written, certified, verified sworn statement before a notary public. An example of an unsworn statement is as follows: "I790 being presently incarcerated in 1985, in whiter County, Texas, declare under penalty of perjury that the foregoing is true and correct. Signature 1997 TDC3 savs executed on 1992015.
Erhribit A
*3 MENRY, SOMMNTION ATT S.W. 28354 - 318 W. MAN 15,2015
Appellate attorneys duties C. Review the clerk's record and reporter's record for possible issues to raise, and D. Prepare and Fill the appellate brief under TRAP 38,
If the appellate attorney decides, after reviewing the record, that there are no meritorious issues to raise on appeal, the attorney must file an Anders Brief stating why there are no meritorious. Exparte Wilson, 956 S.W. 2d 35) If the appellate does not do this, it can provide the basis for writ of HebeasCorpus seeking and cut-of-time petition for discretionary review
Appellate attorney filed an Anders Brief with The fourteenth court of Appeals, no. NO5, 14-10-00205-CP, 14-10-00206-CP, in one, stating only one ground for one case, and no ground in the other case. Which Appellate attorney did not file an Anders Brief stating why there was no meritorious to raise in appellant records.
The appellant has the right to effective assistance of counsel on appeal Evitts V.Lucey, 469 U.S 387105 S.C. 830 (1985) If the appellate attorney failed to raise an issue on appeal that would have benefited the appellant, the appellant may be eligible for an out-of-time appeal.
Appellate Attorney fail to raise a ground of Ineffective Assistance of Trial Counsel for not filing a motion for Newtrial in the 30 day period of filing motion for Newtrial as of abandonment by Trial Counsel. Which could have been file to benefits the appellant for an Newly timed Motion for New trial. Also Appellate Attorney could had file an ground for an Constitutional Right claims on a void sentence when Jeopard Attach in the trial Court in an Bench Trial when both sides announce ready and case was Dismised and another case with new cause no.
*4 Fifth Amendment Prohibits a person from being subject to two trials for the same offense. One Process Clause the Purteenth Amendment No state shall make or enforce any law which shall...deprive any person of life, liberty or property without due process of law. Ex parte Robinson (41 S.W. 2d 552 Rettisner could raise and appeal double jeopardy claimibefore trial of indictment he was attaching because there is a Fifth Amendment right not be exposed to double jeopardy which must be reviewable before the exposure occur. One Process A court appointed attorney on appeal must provide riggous repre- sentation or file a brief explaining why appeal is unwarranted. Ex parte Vestal 468 S.W. 2 d 372 The court held that the indigent offender was denied assistance of counsel when his attorney was not present at sentencing. Ineffective Assistance of counsel you must provide that your attorneys representation was deficient and (2) that your attorney deficient performance affected (prejudiced) the outcome of your case Strickland V Washington 466 U.S 668 104 S.Ct 2052, Butter V State 716 S.W. 2 d 48 To meet the Strickland test, you must demonstrate that the counsel's action were unreasonable or constituted a negligent omission. (Attorney failed to Perfect Appeal and V State 740 S.W 2 d 74 Unles permitted to withdraw the trial attorney has the duty to fully advise client on appeal matters. (Trial Attornay never did withdraw from my case.)
*5 Ex parte Tullos 4765,W. 2d 689. The defendant asked his courtappointed attorney in regard to the appeal. The court granted absolutely nothing in regard to the appeal. The court granted relief saying that the defendant had been denied effective assistance of counsel.
Out-of-Time Appeals Ex parte Senna 606 5W 2d 324 Ex parte Cooball 632 5W, 2d 750 Exparte Townsend 137 5W, 3d 79. If you want to attack an improper stacking order on a writ, you must phrase it as a claim of ineffective assistance of counsel for not objecting or correcting the order. Ex parte Townsend 528 5W 2d 419 The court held that the defendant was denied his right to appeal where his waiver of right to appeal was made prior to trial and afterwards he attempted to give timely notice of appeal. An attorney is still on a case until a edition to withdraw is granted not until is filled Tex Disciplinary R. PROF CONDUCT 1.15 (1989) reprinted in Tex GINT CODE KANtIt 2 adotit G app (Vernon Supp 1994 STATE PART PHILLS art x84) Ward VState 740 5.W 2d 744,798 (Tex (rim App.) If fact under such circumstances the trial judge did abuse her discretion in failing to hold a hearing on Trial Attorney. Notion two withdraw before trial in my cases Smith VState 286 5. W 30 337.
*6 Motion for Nentrial ineffective assistance of counsel 5 Criminal Law A claim by a defendant that he was denied effective assistance of counsel during the 30-day period for filing a motion for a new trial, which is a critical stage of a criminal proceeding in which defendant are entitled to assistance of counsel, make in connection with a request that an appeal be abated and a case remanded to the trial court so that defendant can make a properly counseled decision whether to pursue his appeal is subject to a harmless error analysis U.S.C.A. Const Amend
6 Attorney and Client (1) A4 attarnets legal responsibilities do not magically and automatically terminate at the conclusion of the trial; trial counsel remains the defendantis counsel for all purposes until expressl permitted to withdraw 7 Criminal Law A defendant claiming ineffective assistance of counsel during the time period during which a motion for new trial could be filled must re but the presumption that he received effective assistance U.S.C.A. Const Amend 6
8 Criminal Law The burden of proof to show abandonment of counsel during the time period during which a motion for New trial could be filled is upon a denSant U.S.C.A. Const. Amend 6. 9 Criminal Law When trial counsel believes that representation has ended the appellant as a practical matter receives no assistance at all, for purposes of an ineffective assistance of counsel claim, even though there may still be an attorney on record on the case U.S.C.A. Const Amend 6
*7 Santana An out-of-time appeal due to counsels Sailure to file a notice of appeal does not challenge the conviction under Section 4 Concluded that an allegation directed at an attorneys Sailure to preserve an applicantis right or opportunity to appeal does not pertain to the validity of the prosecution or the judgment of guilt and presents a claim concerning the denial of the right to appeal while dismissing the remaining grounds for relief the initial applicantron does not qualify as an application that challenged the conviction. For purpose of Section 4. (a) Granting an out of-time apppeal thereby making any substantive claim challenging the conviction premstured.