Case Information
*1 To: Judge Cochran Presiding Judge Heller
RECEIVED IN COURTOFCRIMINAL APPEALS
78,448.03
JUN 242015
Atide Jesus Code of Criminal Abblaccats, John 1sttentm Gridence Where shall be furnished to the juy upon its request any elhibits admitted as evidence in the case. Acts 1965, leg. vol. 2, p. 319, ch. 722
Lopez v, state 628 S.W. 2d 82, 85 (Tex. Crim. App. 1982 pane lop.) CP art. 36.25 "Undicated that a juy may take with them any elhibits admitted as evidence, through a refusal or failure to allow the juy to have such elhibits is not error unless the juy request the elhibits. : The trial count denied the juyis request to reniu the DALLAS Police Dept. OFverse (ARRest) Report: Defense's Exhibit No.1, Shenky 8spiring applicant of an Greulporary Version of the facts under Brady v. Maryland. a reversible error under TCCP 36.28. In sending some of the paper work to show it was a error. Judge Mike Tripes admitted the Police Report for the Record purposes only. R/R vol. I, b7 L.12.-16.3 vial count elearly denied erculporary version of the facts by denying the juys request to reniu the Areat Report. Please present this information to be investigated and write me back to let me know what to procedure need to be taken. In sending some of the paper work to show a 'primal facie. Shand you may blad Blass You all c.c. United States Supreme Court c.c. United States District Court
Jincerely, Nicor Black Northern Division, 30 allas delas
P. 3. Mv. Costa please send copies back. An indigent
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*3 CAUSE NO. F09-62734-Y THE STATE OF TEXAS VS. VICTOR JEWELL BLACK
IN THE CRIMINAL DISTRICT COURT 7 DALLAS COUNTY, TEXAS
MEMBERS OF THE JURY: The Court has received the following note requesting certain evidence admitted during the trial. The requested evidence will be provided to you with one exception. The arresting report and notes were not admitted into evidence and thus are not available for your consideration and examination.
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AFFIDAVIT (CONTINUED)
THE FRONT BUMPER OF A PARKED FORD PROBE LICENSE PLATE TX BC6B896. THE COMP WAS TRANSPORTED TO BAYLOR HOSPITAL BY DFR 725. THE AP WAS TAKEN TO LEW STERRETT JAIL BY AO TEFT 9249 AND DAYTON 9569. AO/S JONES 7799 AND DUETSCH 9179 WENT TO BAYLOR HOSPITAL TO TALK TO THE COMP. THE COMP STATED THAT THE AP WAS DRUNK AND HAD BEEN SMOKING CRACK COCAINE. PES H235 RESPONDED TO THE HOSPITAL TO TAKE PICTURES OF THE COMPS WOUNDS AND TOOK CUSTODY OF THE KNIFE . DUE TO THE CONDITION OF THE COMP THE COMP WAS UNABLE TO GIVE A STATEMENT FOR THE FAMILY VIOLENCE PACKET. FAMILY PACKET WAS FILED. JISS AND TLETS SHOWED NO PRIOR CONVICTIONS FOR FAMILY VIOLENCE.
SUBSCRIBED AND SWORN TO BEFORE ME ON DATE:
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CAUSE NO. W09-62734-Y(B)
EX PARTE
VICTOR JEWELL BLACK, APPLICANT
IN THE CRIMINAL DISTRICT COURT NO. 7 DALLAS COUNTY, TEXAS
ORDER DESIGNATING ISSUES
Having considered the applicant's Application for Writ of Habeas Corpus and the State's
Response, the Court finds that, "corrected, previously, "resolved facts material to the legality of the Applicant's confinement exist." The Court finds that each of the allegations set forth in the application are controverted, unresolved factual issues which require additional evidence and/or testimony to be resolved.
The court appoints April E. Smith to resolve the issues and prepare findings of fact and conclusions of law for the Court. The issues may be resolved by affidavits, depositions, interrogatories, or by hearings, as deemed necessary by the person appointed herein.
Above appointed attorney does not represent the Applicant. Applicant is not entitled to counsel at this time.
The Clerk of the Court is ORDERED to send a copy of this order to Applicant, or Applicant's
Signed this day of November, 2012.