Case Information
*1 In The Couet OfCriminal A Ppeals Austins Tx.
Zacharim Harvey Applicant vs
The State Of Texas
In Reference To Docket Sheet In Cause No. IS117638 To The Clerk Abel A. Costa: Comes Now Zacharim Harvey, Applicant In The Above Hemioned Is Heereby Repucsinn, A Copy of The Couers Docket Sheet(s) As To Everytinn Subsinted As To The Applicant's A Ppeal in Cause ISII763 8. This Is A Matter Of Importance! Your Assistance Wic Be Highly Appreciated.
Respectfully Subsitted CC: File
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In The Court of Criminal Apears Austin Texas Zacharian Harvey Applicant vs The State Of Texas
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Court Of Criminal Apears 11.05 HARERS Corpus
Records Request
To The Clerk Abel Acosta:
Cohes Now Zacharian Harvey Cause No 131703 A-8 Applicant, Presuant to The Provision Of Article 11.05 Texas Code Of Criminal Procedure Act. 1 Sect. 12. The Texas Constitution Present This Application for Wert Of HARERS Corpus, SeeEms To Obtain Copies Of His Complete TeAC Records, PeucE Report, CleEes CoG, TeAL DackeT, Indictments (131762 e 131703) And GendD Juey Minutes. Without Cost Applicant Would Respectively Show This Honorable Court The Facomals:
I Jurisdiction This Honorable Court Has Jurisdiction Of The Instant 11.05 Record Request Presuant to the Authority Cited ExPere Cantu 913 Sw2d 701 (Tex App. San Antonio 1995).
II SPECIAL STATEMENT OF TUE COURT Applicant Is An Morgent Layman Of The Law, Actins Without Counsel, And As Such, Request Tait This Honorable Court Not To Impose Upon Him The Same Hign Stanoled Of The LeMac Profession Which Might Be Placed in A Reading Referred And Filed
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BY A Learned MeMber Of The Bne. Applemnt Fietier Reglest Tnnt Tins Couet Wile Considee Tins Pro se Appuction In A Mawuer Tnnt Wile Do Suestantial Justice, With A Measure Of Toderance, Presumint To Hevies 92 S.Ct 594 (1972).
III. Relief Requested
For the Use Of Preparing A Post- Conviction Writ Of Habeas Corpus, Applicant Request Turt He Be Reaided With A Copy Of The Comptete Tria Records Incubing, But Not Limited to All Inoictments By the Coinet, The Motions Filed By The State And Defense, the Sittement Of Facts, Tria Ternscirps Resaeding the Undereying Cenminal Tera, Ennitted The State Of Texas vs Zacharian Harvey 1811/22 201083. However, As An Alternative To Simply Being Reovided A Copy Of The Comptete Tria Couet Record, Applicant Would Restictively Request Turt He Be Given Those Records. Accoutrable Througth The Access To Couet Literarian Of The LaW Literary Of Tbed Institutional Division At EUS. 1 Prison Unit 1697 F14980, Huntsville, Texas 77243. WHERE THE APPIICANT Is CURRENTY Assibined/Housed. See Hire Chrestian 39 Sused 90 (Tex. APA- AmABino 2000)
IV. Reaumens And Armerces
Constituional LnW 3228, Equat Perfection Tnnt The State Reovide An Insigent Defendent All The Documents Mennoued From Previous Reccedinds) If It Is NeEbina Needed For An Efrective APAre De Efrective Defense Uscit Constitution Amend. 14.
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Due To His Poverty, Applicant Is Unable To Pay for a Copy Described Above, Which He Requires, A Complete Copy Or Said Trial Records Which Are Essential to Applicant For His Use in Seeking Post-Conviction Relief, And Such Applicant Is Enmited To Be Provided An Indigent Documents, Where He Aukes Execes Which The Trial Court Record Will Denomstteatre, See thee Ceromodo 900 Sw2d (991 (Tex App- San Antonid (1998); EscoRae Sw2d 782 (Tex. App - Houston [1st Dec] 1993); Boute 498 Fzd 875 (1980); Smith 81 S.C. 895 (1961). Here Applicant Make The Followin, Specific Claims, And Assers That they Are Demonstrateto By The Comptete Trial Records:
- Applicant Avers That He Is Actual Innocent Of The Defense Of Conviction. Court Cause No. 131762, 131763 And He Assers that the Trial Records Will Show, And Demonsterte That His Constitutional Right To Dus Process Was Violated And He Srate His Intention Of Fium A Post- Conviction Wert Of Habeas Corpus Asserimi, An Actual Innocence Claim.
2. The Preseclution Knawnsly Used Pexwed Test mons Of A State Witness To Obtain His Conviction.
- Appuant Receives Ineffective AssiStrance Of Trial And Apreciate Counsel.
All The Aforesayd Claims Are Suessititial in The Comptete Trial Records And With The Greamds Of Applicant's Wert
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In Light Of Such A Showing, And Applying The Above And Fore- Gowns Cited Authorities To The Instant Request in The Under- Lying Case, The United States Surgeons Count Has Akeo That It Is When A Need For A Ternscient Order To Courterally Attack A Comintion Is SmoWn Equal Reaction And Due Process Require the State to Furniss An Indigent Person Such Ternscents Without Charge, See Greedner 98 S.C.
Wherefore Renises Considered, Applicant Reays that This Honorable Count Who Consider the Information Presented Herein And There After Gremt The Wet Application,
Respectful SuBnitted
DeCLeRATION
I Zacharian Harvey lesss4B Being Presently Neccecated At The O.B. Euls 1 Unit Of The Texas Reison System Here in Walker County, Texas. Declare Under the Pernacty Of Pernury That the Above And Foregoing Request/Repairly Is True And Correct To the Best Of My Knowledge And Eeusf. Executed Ouldle in Duy of Allouts A.D. 2015
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Certificate Of Mavum/Seevice
I Zachariah Harvey 1853348, Bernh Reaently Intereerated At O.B. Euls Unit Of The Texas Reism System Heee in Wauce County, Texas. Do Heeey Ceerify That On This 212th Day Of August Ad zous, A Tene And Coeect Cepy of The Aeove And Folebomy Hneers Coerus 1105 Recoed Eequest Wer WAs Haked To / seered Upon The Fiery Listed Below By Derosting A Cepy of The Same into The Interease Reism Mail System. Cleer Of The Cemumic Ceuer of Appers Aeec Acosta PQ Box 12308 Capitol Station Austin, TX 78711
