Case Information
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V.11. Bankruptcy
Has any party to the court's judgment filed for protection in bankruptcy which might affect this appeal? Yes No If yes, please attach a copy of the petition.
Date bankruptcy filed: Poster visit
Bankruptcy Case Number: N/A N/A
| | | | | | | | | | | | | | | | | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | :--: | | | | | | | | | | | | | | | | | | Court: | | | | | | | | | | | | | | | | Court: | | | | | | | | | | | | | | | | County: | | | | | | | | | | | | | | | | Trial Court Docket Number (Cause No.): | | | | | | | | | | | | | | | | Trial Judge (who tried or disposed of case): | | | | | | | | | | | | | | | | First Name: | | | | | | | | | | | | | | | | Middle Name: | | | | | | | | | | | | | | | | Last Name: | | | | | | | | | | | | | | | | Suffix: | | | | | | | | | | | | | | | | Address 1: | | | | | | | | | | | | | | | | Address 2: | | | | | | | | | | | | | | | | City: | | | | | | | | | | | | | | | | State: | | | | | | | | | | | | | | | | Telephone: | | | | | | | | | | | | | | | | Fax: | | | | | | | | | | | | | | | | Email: | | | | | | | | | | | | | | |
Reporter's or Recorder's Record: Is there a reporter's record? Yes No Was reporter's record requested? Yes No Was there a reporter's record electronically recorded? Yes No If yes, date requested: N/A N/A If no, date it will be requested: Poster A A Were payment arrangements made with the court reporter/court recorder? Yes No Indigent
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| | Court Reporter | Court Recorder | | :--: | :--: | :--: | | | Official | Substitute |
| First Name: | Anna | | :--: | :--: | | Middle Name: | M. | | Last Name: | Upchurch | | Suffix: | N/A | | Address 1: | Unknown | | Address 2: | Unknown | | City: | N/A | | State: | | | Telephone: | ext. |
Fax: Email:
X. Supersedeas Bond
Supersedeas bond filed: Yes No If yes, date filed: Will file: Yes No
XI. Extraordinary Relief
Will you request extraordinary relief (e.g. temporary or ancillary relief) from this Court? Yes No
If yes, briefly state the basis for your request: The injury suffered of 42 more years in prison XII. Alternative Dispute Resolution/Mediation (Complete section if filing in the 1st, 2nd, 4th, 5th, 6th, 8th, 9th, 10th, 11th, 12th, 13th, or 14th Court of Appeal)
Should this appeal be referred to mediation? Yes No If no, please specify: N/A Has the case been through an ADR procedure? Yes No If yes, who was the mediator? N/A What type of ADR procedure? N/A At what stage did the case go through ADR? Pre-Trial Post-Trial Other N/A If other, please specify: N/A Type of case? Legal Malpractice/Legal injury Give a brief description of the issue to be raised on appeal, the relief sought, and the applicable standard for review, if known (without prejudice to the right to raise additional issues or request additional relief):
The injury suffered is not barred by statute of limitations, due to appeal. How was the case disposed of? Denied Summary of relief granted, including amount of money judgment, and if any, damages awarded. N/A If money judgment, what was the amount? Actual damages: N/A Punitive (or similar) damages: same as suit
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The Courts of Appeals listed above, in conjunction with the State Bar of Texas Appellate Section Pro Bono Committee and local Bar Associations, are conducting a program to place a limited number of civil appeals with appellate counsel who will represent the appellant in the appeal before this Court.
The Pro Bono Committee is solely responsible for screening and selecting the civil cases for inclusion in the Program based upon a number of discretionary criteria, including the financial means of the appellant or appellee. If a case is selected by the Committee, and can be matched with appellate counsel, that counsel will take over representation of the appellant or appellee without charging legal fees. More information regarding this program can be found in the Pro Bono Program Pamphlet available in paper form at the Clerk's Office or on the Internet at www.tex-app.org. If your case is selected and matched with a volunteer lawyer, you will receive a letter from the Pro Bono Committee within thirty (30) to forty-five (45) days after submitting this Docketing Statement. Note: there is no guarantee that if you submit your case for possible inclusion in the Pro Bono Program, the Pro Bono Committee will select your case and that pro bono counsel can be found to represent you. Accordingly, you should not forego seeking other counsel to represent you in this proceeding. By signing your name below, you are authorizing the Pro Bono committee to transmit publicly available facts and information about your case, including parties and background, through selected Internet sites and Listserv to its pool of volunteer appellate attorneys. Do you want this case to be considered for inclusion in the Pro Bono Program? Yes No Do you authorize the Pro Bono Committee to contact your trial counsel of record in this matter to answer questions the committee may have regarding the appeal? Yes No
Please note that any such conversations would be maintained as confidential by the Pro Bono Committee and the information used solely for the purposes of considering the case for inclusion in the Pro Bono Program.
If you have not previously filed an affidavit of Indigency and attached a file-stamped copy of that affidavit, does your income exceed of the U.S. Department of Health and Human Services Federal Poverty Guidelines? Yes No These guidelines can be found in the Pro Bono Program Pamphlet as well as on the internet at http://aspe.hhs.gov/poverty/06poverty.shtml. Are you willing to disclose your financial circumstances to the Pro Bono Committee? Yes No If yes, please attach an Affidavit of Indigency completed and executed by the appellant or appellee. Sample forms may be found in the Clerk's Office or on the internet at http://www.tex-app.org. Your participation in the Pro Bono Program may be conditioned upon your execution of an affidavit under oath as to your financial circumstances.
Give a brief description of the issues to be raised on appeal, the relief sought, and the applicable standard of review, if known (without prejudice to the right to raise additional issues or request additional relief; use a separate attachment, if necessary).
The issue that this is not barred by the statute of limitations, due to the state habeas corpus and federal appeals on the underlying claims are still pending, and that the defendant does not dispute his malpractice, but is relying on the limitations, that I'm time barred, when I'm not time barred.
Rarely boarnt
Signature of counsel (or pro se party) Date: 17/15/18, 17:30
Printed Name: R####################################################################################################
*7 The undersigned counsel certifies that this docketing statement has been served on the following lead counsel for all parties to the trial court's order or judgment as follows on
Not Able to serve Signature of counsel (or pro se party) Electronic Signature: (Optional) State Bar No.: Person Served Certificate of Service Requirements (TRAP 9.5(e)): A certificate of service must be signed by the person who made the service and must state: (1) the date and manner of service; (2) the name and address of each person served, and (3) if the person served is a party's attorney, the name of the party represented by that attorney
Please enter the following for each person served:
| Date Served: | | | | | :--: | :--: | :--: | :--: | | Manner Served: | | | | | First Name: | | | | | Middle Name: | | | | | Last Name: | | | | | Suffix: | | | | | Law Firm Name: | | | | | Address 1: | | | | | Address 2: | | | | | City: | | | | | State | | | | | Telephone: | | | | | Fax: | | | | | Email: | | | |
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RE:Appellate Case Number:06-15-00020-CV
Dear Court Clerk,
Enclosed, please find and file the Docket Sheet for Civil Case
No.84100;Appeal No.06-15-00020-CV.
Tahnk you for your attention to this matter.
RECEIVED IN
The Court of Appeals
Sixth District
MAY 2 2015
Texarkana, Texas
Debra Autrey, Clerk
Sincerly,
X Kewg' Gounte
RANDY SALE BARNETT
TDCJ-ID \# 1648039
Telford Unit, 3899 State Hwy 98
New Boston, Texas
75570
May 18,2015
