Case Information
*1 ALSO COURT OF CRIMINAL APPEALS OCT 082015
KENNETH B. KIAGGUS PACK UNIT / 1931819 2400 WILlACE PACK Rd NHUNASETA, Texas, 19868
ADSEL, ALESTA - CIRRK COURT OF CRIMINAL APPEALS OF Texas BA. BAK 12208, CARITAL STATION AUSTIN, Texas, 19711
RS. TRIHL. COURT CHUSE US. TEC CR 2009-446 - CR 2010-54 TEC CR 2010-155 - CR 2010-156
DERR MA. ALESTA-CIRRK:
ENCISSed your will find 15m COPY of MATION for ZuidenTinary Hearing, and MATION for HPPaintiont of CoursEL. YOUR ATTENTION AND NSSISTANCE IN ThESE MENTERS, SERRITTV APPERCATED:
RESSECTTUITY SUBPRINTED. KENNETH B.KIAGGUS PACK-3E
*2 KENNETH R. KNOWles W. H. WILLIAM STEPHENS, BIRZETER
TEXAS DEPARTMENT OF CRININAL TUSTICE
PIETIEN FOR EUdENTIARY NEARING AND RICHARD TO THE JAYL JUDICIER BISTRICT COUST IN CONFAL COUNITY, TEXAS
ON C.AUSE US NOSE TO "C.REACH-196-TC"REACH-196 TO "C.REACH-196-TC"C.REACH-196
CATHES NOV, KENNETH R. KNOWles, TOCESTENES, REQUEST THOUGH PHOSE REPRISENTATION AND RESPECTTully MOCR This HONPRASE COURT TO GRANT PIETIEN FOR EUdENTIARY NEARING AND RICHARD
T.
ON YEb 33,2011, JHC TRIAL COUST CAVED to DICER CAUSEM C.REACH-196, FOR IURY TRIAL. TRIAL CAUSEM AND STIRTE HAD WORKED OUT A PLEM HGERSEMENTAL CAUSE"C.REACH-196 HAD THE OTHER THREE CAUSE"S.
*3 Thei Council Sand Your House we have one Per-Year matter that we would like to present to Court. The Oral Court Refused, Saying:
Yom Tawascarf- (Oral): "that you'll and good, Per-Year's happen at multiple times, and you know I'Resented. 'Anything' 'An Timely. You were about Thursday and Then have been I See Probably - one, two, three, four, five - five different Per-Year matter Setings that I see. Right of the Top that you have been of - And here is Another back in January-2009, December-2009. If you had a Per-Year matter to Ease, That would have been the Time To Raise it." on That Point The Oral Court Should have Stored Court. Receeding. And to Call for an Evidentinary Henering - To Re-Solve Oral CounseL In Effective. uses, Iward BePendant Knowles.
The Oral Court has Clearly shown the ineffectiveness of Oral CounseL. Tward BePendant Knowles, In There owm words. - Saying: U.S. v. Davenport, 9th. E 2nd 1992 ( 4th CIR.1993) Oral CounseL's Failure To move to Sufferes Confession may Conf.te "Cause" Under Ineffective Assist Counsel for Reocedural BePAult Rule....
*4 Hasing: Clark v Blackburm; 19. E and, 136 (5th Cen 1990): John Counsell, failure to file may be from metions on the Pensive Issues, build to seek Pee-Value Discovery, failed to obtain a Tenuscriet of testimony before Grand Jury, wAdernited an Evidentinary Hearing to ReSolve the ineffective Counsel Claium.
The Plar Bargain was Signed after, The Teiad Court should have called the an Evidentinary Hearing to Resolve. The ineffective Assist Counsel.—Vering: 25. Chumery; 698. E and 764 (5th Cen. 1995). - John Counsell induced defendants quilty Plar, based on Eeroneous Advice, Residers the New Guilty Plen, itSELF in Voluntary and Unin Tallegently Entered, and Constit utors ineffective Assist Counsel Claium... Vasing, wVes. 192 (Uch Cen. 1996). A Guilty Pler does not preclude defendant teem Pussing Sixth Amendment claim of ineffective Assist Counsel Claium... Vasing, W.S.V Scott, 625. E and 622 (5th Cen. 1991). A Conviction on a Guilty Pler that is Entered Solely as a Result of faulty LeGAL Advice is a Muscarriate of Justice.
*5 Next The TeiAl Counsel and JaiAl Count discussed de Feudant' Knowles's ets.B. Senice Knowles was on medication, from the VA. WA Department in San Antoy, Tir. Jial Counsel Failure to Bue Hay Type of Per Teial investigation into the Crime he was changed with, as Knowles's manialstisfe. Vobing: weodand w Collins; 299 E and 1027 (s-10 Cm 1990); The Count held that A Remand was Reguised to deTernone wathre Pettinave was Per Indiced by Eounsel his Counsel's failure to in vestigate A Chewe To which, upon Counsell Advios Pettinave Wed guilty. Revealed and Remanded. Vesing: A4ad U Suqletany; 12.E 2d 1012 (11th Cm 1990) Jain Counsel's Failure to in Vestigate, de Feudant's Competency, obTain Pasion or military medical files Alive to of freing informed opinion That Defendant Should then guilty, Constitated in EFFeative Counsel. Vesing: Loyd E Smith; 815. E and 664 (s-15 Cm. 1897); Jail Counsel's failure To Per Sent Mitigating Evidence of de Feudant's mental disease or Defeat, Constitated in EFFeative Assist of Counsel and Re Guised Cundantiany herring.
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Now CANE The Sentencing Phase of the Term. the Term Count Gove de Gendens Kounds, - 45 yrs En on Cause's C R 2029-444, C R 2010-154, C R 2010-155, and 2010 yrs. on Cause "C R 2010-156. Run Con Certamity Be Gendens. Third Counsel was in Effective. Using 45.0 McKizen: 47 F 2nd 749 (5thCIR 1995). The Effective Resistance of Counsel at Sentencing Case Constitute "Cause" for Precedural Be Fault.
V
After Sentencing Term Counsel, Said to be Gendens Kounds. He would be Kneutes Birect Approx. By Term Counsel doing Kneutes's Direct Approx, he could Cover 449 bis inEfectiveness during Term. Using Evitte Lhucy 469 bis 357 ss L. Ed. and 521 los. S.Ct 250 Li9853. Bus Peacess GuHrantes Be Gendrint the Right to Effective Resistance Counsel on theST Direct Approx. WeHigibueros L. Gantman: 128. 7 2nd 1039 (3th CIR 1999): Term Counsel And Approxlate Counsel who Come from Since office as Term Counsel. Created a Conflict of Interest where Approxlate Counsel railed to Basic Term Counsel in Efective Resistance Counsel. Clinical on Direct Approx. which could have been Revizined based on The Record on Approx and Constituted "Causes" for Precedural Be Fault.
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Whzer Fure, Rezmisses Considered, Kemweth e Enewths ReSpectfully Requesi That This Honorable Court of Appetite, will Genowt, MoTion ture Evideative Hearing.
ReSpectfully Submitted
Hcwweth e Enewthes Puse,
Puck Unit L1781917
3400 wallace Puck Rd MavaseTn, Texas, 29768
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ORBEE
on This The days, come to be
Considered Applicants mation for Evidentiaxy Heredity and Remands And Send mation is here by
Signed And Entered this days: