Case Information

*1 IN THE COURT OF CRIMINAL APPEALS PD-0274-15 TRAVIS COUNTY, TEXAS

July 8, 2015

Bruce Egriin Joseph TICI-ID*MIINIO Appellant DIO se VS. THE SIATE OF TEXAS AbDellec

C.G.A. Case No. 01-14-00737-CR Tr.CE. No. 05-DER-043,408A PD-0274-15

PROCEEDING IN THE COURT OF CRIMINAL APPEALS FOR APPELINAT'S MOTION FOR REHEARING.

TO THE HONORABLE Cleri: Now COME Bruce E. Joseph himself in the above styled and cause NO. this 8 dayof July 2015 addressing this, and reputable.Subreme Court of TEXAS in DIO se Manner and do hereby bring said Appellant's Motion for Rehearing requests as follows:

Respectfully Submitted Bruce Egriin Joseph

REJECTED PURSUANT TO RULE 79.2(C) COURT OF CRIMINAL APPEALS July 21, 2015 ABEL.ACOSTA, CLERK

RECEIVED IN COURT OF CRIMINAL APPEALS JUL 18 2015

AbelAcosta, Clerk

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Tr. Ct. No. 05-DC8-043.408A Co.A. Case No. 01-14-00737-CR PD-0874-15 Bruce Egrim Joseph Appellants Ro-Sc Vs. THE STATE OF TEXAS Appellee

IN THE COURT OF CRIMINAL APPEALS OF TRAVIS COUNTY, TEXAS

APPELLANT'S MOTLON FOR REHEARING

To THE MONORABLE JUDGE OF SAID COURT:

Come Now, Bruce E. Joseph the Appellant prose and files this his Motion for Rehearing and Would pursuant to Tek.R.App. Proc. 74.9 with the leave of the court and Appellant Would Show Respectfully unto the Court as follows:

I.

Appellant' pro se in the above Stiyled and numbers cause no's this 8 day of July 2015 addressing this Honorable Court in Pro see manner and do hereby bring said Motion for Rehearing as follows.

II.

Appellant received of the Criminal Appeds Order Seek his motion for Appellant's Petition for Discretionary Review was refused on the 24th day of June 2015.

III.

In Appellant's Notice to Court in the interest of Justice with the leave of Court, that the respondent have committed reversable error and erred when she failed to address Appellant's 12 grounds of his points of grounds Submitted for review to the Honorable Court and the Court Should order the respondent the opportunity to address these 12 grounds/provision and any other Arguments

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Appellant have, still have in this trial court: See city of Sweetwater vs. Waddell 218 5.0 .3d 80.81 (Tex 2007): (Per Curiam): (city of Houston vs. Jones 197 5.0 .3d 391.392 (Tex.2006):(Per Curiam). To which he is Justly entitled to as order by this court.

IV.

With instruction the State and Appellant, and request the courtas fellows, In support of Such motion Appellant has showed the follow, to wit based on the following ground thereof, in which Appellant has acted with due diligence in bring the case forward for an evidentiary hearing to be held in this regard according with and complainee. William vs. Taylor 529 U.S. 362.391 (2000): See also U.S. U. Herrera 412 F.3d 577.581-82 (5th Cir. 2005). V.

Appellant point out/showed where Respondent eried in tailing and AppellantApplicant's altorney failed to file a motion for D.N.A. testing, accompanied by affidavit under oath by the Respondent and Appellant's attorney, pursuant Tex. Code of Crim. Proc. Art 64.01.

Appellant had to requested for motion for forensic D.N.A. testing so that the trial court court to rule on the motion in pertinent part, by granting Appellant's Petitioner Bruce Eyrim Joseph number 2 request that the Fort County incornneation with Harris County District Clerk, Police Department, District Attorney office, and Appellant's Attorney office be and hereby order to submit the evidence. If any for REEXAMINATION, INSPECTION, COPYING AND TESTING TO DETERMINE IF BIOLOGICAL ITEAMS EXIST INCLUDING, But NOT UNITED To, ClothS, FINGER MAIL, FINDER PRINTS, RAPE KIT, FORENSIC ANTHROPOLOGY, BALLIS, BIT MARKS, BLOODSTAIN, PATTEN

*4 ANNYSIS; DINA. ENTONOLOGY: BIMONO TEST, PLOGRAPH TEST, PRINTS (FICHERFOOT, EAR, VAIRE): JAC TRALE EVIDENCE, OR OTHER SCIENTIFIC EVIDENCE ESTABLISH APPELLAN'S ACTUAL INNOCENCE etc.; VI.

That the Appellant pro se is presentedly Unlawfuld or illegally incarcerated in the facility of TDEJ ID Neal unit's and Appellant can not make bond and he is indigent at times and does not have sufficient funds in his inmate trust fund Account. Court-Appointed Couns el for Appellant should be ordered to render effective Assistance of Counselin this case; under the point of Error in the 12.grounds unanswer: Appellant pursuant to TEX.R.App.Rroc. 44.4. In order to properly prepare this case, Court Appointed Counsel will be require, require the Assistance of a private investigator to search for potential witnesses and because of the complicated Nature of these case and the number of witness that may be testifying for the State and/or the Appellant, it is Necessary that an investigator be appointed by the Court so that the Appellant may properly prepare for his defense, and the accusations and indictments) made against Mr. Bruce E. Joseph, Also, he or she is to seek and Compile any and all type of Records and information, including open public Records, any and all written reports and Supplements Created by the public Agencies and Departments that are Subjied to the Open Record Act, Article 6252-11, V.A.C.S., Pertaining to the (sci indidments) Offense and this Appellant, that may necessary for the preparation of

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these cases. See Rule 12 (A), Under Rule 4(F)(2) Notice of the investigation citing. Visage V. Marshall, TEX, App. 632 S.w.2d 667 ; Ohio Us. Roberts 100 S Ct. 2531 (1980); Crawford Us. Washington 124.S.Ct. 1354 (2004); 100 S.w.3d 429; Bradu Us. Maryland 83.S.Ct. 1194 (1963)

VII.

The Code of Crim. Proc. provides that a convicted person may submits to the convicting Courta motion for forensic DNA testing of evidence containing biological material. See TEX, Code.Pro, 64.01 (a), Upon notice, it is incumbent upon the state to properly investigate the forensic DNA request /and deliver any evidence containing biological evidence to the court or explain in writing why it cannot deliver that evidence to the court. See TEX, Code Crim. Proc. 64.02 (2)

VIII.

Appellant ask/Request that this Court has statatory Authority to grant either request that this court order the state to hold alive evidentiary hearing or to release him from unluutal confinement, under chapter 64 only requires alive hearing when the trial court se issues a finding regarding whether the results of DNA testing ordered under Article 64.03 are favorable or non-favorable. See Jones V. State 161 S.w.3d 665, 699-96 TEX App. Ft. Worth 2005 pet. Refused); TEX, Code. Crim. Proc. Art. 64.04; Exparte Tuley 109 S.W.3d at 391 ; Exparte Knipp 236 S.w.3d 214 (Cc. App. 2007); 910 S.W. 2 d 481; 872 S.w.2d 694; 802 S.w.2d 241; T.E.C.P. Arf.11.01.

IX

That the Appellant request that a hearing outside the presence of the Jury and him present be had before Viere die begins and that this court

*6 set this matter down for a hearing prior to the beginning of testimony and that, After such hearing, All Relief requested be in all things granted, and for all general relief as well.

X That the Appellant requests the Court to allow him to testify at the guilt Stage of Retrial/Post-Considion proceedings free from impediment by and all of the prior Convictions that the State has given notice of an intent to use Submitted to his Court-Appointed Counsel for its residues and to him as well.

XI That the Appellant request that the State require to prove, by a prepond- rance of the evidence beyond a reasonable doubt, that the probative value of each of these Convictions and unlawful Convictions as to the credibility of the Appellant, outweights the prejudice effect of any such Convictions and unlawful Convictions to Appellant prove herein before during, and there after Conviction. See, State V. Toney 979 S.w. 2d 642.881 S.w.2d 288.

XII. That the Undersigned Attorney is Counsel of Record and Should be hereby Appoint an Court Appointed Attorney of Record for the Applicant-Appellant prove in this proceedings.

XIII. That the Appellant prove is presentedly unlawful or illegally in carcerated in the facility of TBCI-1D Meal Unit, and Appellant can not make bond and he is indigent at times and does not have sufficient

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funds in his inmate trust fund account. Court-Appointed Counsel for Appellant Should be order to render effective Assistance of Counsel in this caseiand he and/or She believes the Appellant Should undergo a psychological examination by a licensed clinical psychologist in the state of Texasin this regard is based on Appellant Court-Appiented Counsel review of this caseiand the entire records and properly investigative History in this casei and court-Appointed Counsel Should also believes Appellant is in need of a psychological examination.

XIV.

In the event this court permits the psychological examination by a doctor, the Appellant request that he or she be reimbursed for his or her reasonable and necessary fees. Based on the above, the Appellant Prespectfully pray that this motion be in all things granted based also on these following grounds that the State prosecutor did not ad with due diligence in bring forth the Appellant for trial on the merits of this case, and that the Court issue an order permitting the Appellant to be examined in Fort Bend Lourty. IX and/or designated by this Court by a doctor and that the doctor be reimbursed in a reasonable amount for his or her examination and his or her subsequent testimony. Should be neededand necessary and respectfully moves the lourt to provide expenses for investigation and expert testimony of such invection ^[8] pussuant to investigation pursuant to Article 26.05. Section (A) L.C.P. as and Articles 64.01 through 64.05. V.A.C.C.P.

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XV. Appellant exercises due diligence in this and through no fault of his own is unable to obtain records. Materials and relevant records of the evidence. A new trial may be required in order to preserve Appellant's rights to Appellate. review. Sec Magan Express, 525 s.w. 2 d at. 315 citing Robinson V. Robinson 487 s.w. 2 d 713.715 (Tek. 1972). Respondent Standard his name by having the victim. Ms. Lassander C. Williams Falsely filing an Affidavit and Complaint which ultirreddu resulted in his criminal prosecution for Sexual assault, and argues that his mental illness rendered him in incompetent to be sentenced. Moreover, Appellants argument that the state court violated state law bu tailing to provide a competency hearing and including an an opportunity to be examined by expert psychiatric examination Resulted in a decision that involved an unreasonable application of the Relevant Federal Law. Vernon Ann. Tek. L.L.P. Art. 46 B.004-46B.006, 46B.003 (A) U.S. 15. Williams 998 F. 2 d 258 (5th Cir. 1993)Dunn V. Robinson 162 F. 3 d 302 (5th Cir. 1998)(Young V/state 177 s.w. 3 d 136 , Este V. Robinson 96 s.c.t. 836 (1966)

XVI.

Appellant Contends that the trial Court erred in failing not having him evaluate to determine if he was incompetent to stand trial for punishment hearing on the false charges of Sexual Assault. Appellant argues that the confession was not Voluntarily given rendered his pleas involuntarily and he did not knowingly the consequence of his Charges and pleas of the totality of the circumstances and it was done without an attorney present in Violation of law 6th and 14th Amends ment U.S. Const. 79 s.w. 3 d 1 , Ex parte Nady 991 s.w. 2 d 859.

Wherefore, premises Considered, Appellant, respectfullu pray the court grant his Nation with the necessity of a hearing and with the necessity of Appellant being returned to Fort Bend County, or designated by this court, for

*9 the purposes of Appellant's Requests.

Respectfully Submitted Bruce Egrim Joseph Bruce Egrim Joseph TDEJ-CIDMWHUH3D Appellant pro se Neal unit 9055 Spur 591 Amarillo, TX 79107

CEKTIFICATE OF SERVICE

I certify that atrue body of the above Motion for Rehearing pursuant to Teth.R.App. Proc. 7419 was served by placing Same in the U.S. Bosted Mail Book and addressed To: Court Clerk, Ms Abd Atosta of Travis County, TX. Supreme Court Bidy 201 W. 14th Street, P.O. Box 12308, Austin, TX 78711-2308 and the District Clerk, Ms Annie Rebecca Elliott of Fort Bend County, TX 301 Jackson street. Richmond, TX 71469. In the 268" District Court, executed and Signed on this the 2-day of July 2015.

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CSINIB02/CINIB02 TEXAS DEPARTMENT OF CRIMINAL JUSTICE 07/08/15 KN34/GJ00005 IN-FORMA-PAUPERIS DATA 11:20:45 TDCJ#: 01411430 SID#: 02846481 LOCATION: NEAL INDIGENT DTE: 03/24/15 NAME: JOSEPH, BRUCE EGRIM BEGINNING PERIOD: 01/01/15 PREVIOUS TDCJ NUMBERS: 00348284 CURRENT BAL: 0.00 TOT HOLD AMT: 0.00 3MTH TOT DEP: 0.00 6MTH DEP: 50.00 6MTH AVG BAL: 25.35 6MTH AVG DEP: 8.33 MONTH HIGHEST BALANCE TOTAL DEPOSITS 06/15 0.00 0.00 0.00 0.00 0.00 0.00 04/15 2.43 0.00 01/15 0.00 0.00 01/15 0.00 PROCESS DATE HOLD AMOUNT HOLD DESCRIPTION 0.00 0.00 0.00 0.00 0.00 0.00 0.00

STATE OF TEXAS COUNTY OF Retire ON THIS THE Td DAY OF Jus. I CERTIFY THAT THIS DOCUMENT IS A TRUE, COMPLETE, AND UNALTERED COPY MADE BY ME OF INFORMATION CONTAINED IN THE COMPUTER DATABASE REGARDING THE OFFENDER'S ACCOUNT. NP SIG: PF1-HELP PF3-END ENTER NEXT TDCJ NUMBER: 01411430 OR SID NUMBER:

Ceraed Wayne Wriscifold

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