Case Information

*1 To The Court of Criminal Appeals of Texas

Court Clerk

RECEIVED IN COURT OF CRIMINAL APPEALS

RE: Procedure and Rules

WAR 25 2015

Abal Acosta, Clerk

I marked this supplement on the 5th day of March, 2015. This appart of my wirt of Habers Cougus! The 2nd and the 8th District courts of Harers County Refuse to go by the Procedures and Rules of Chapter 11 of the Code of Criminal Procedure Articles 11.07, 11.071, 11.072, 11.073, and 11.09. The 8th court room has Refused to Answer my wirt of Habers Corpus! Here is more proof of their refusal to go by the Procedure and Rules of the Articles, status of the laws.

Respectfully submitted, Donald Wayne Herod

DONALD Wayne HERODT 538539 McCONNELL UNIT

300 South Emily Drive BELVILLE, TX, 78102

March 18, 2015.

*2

CHRIS DANIEL

HARRIS COUNTY DISTRICT CLERK

DONALD WAYNE HEROD #1538539 MCCONNELL UNIT 3001 SOUTH EMILY DRIVE BEEVILLE, TEXAS 78102 Memorandum response to correspondence received: $\underset{―}{03/09}/\underset{―}{2015}$ Re: Cause No(s) $\underset{―}{0677275}$ . Dear Mr. Donald Wayne Herod, $✓$ Your motion/request $\underset{―}{\text{Writ of Habeas Corpus was filed with the District Clerk and on}}$ $\underset{―}{03/10/2015}$ the Court: $◻$ Took no action $$ Denied your Motion/Request $◻$ Granted your motion/request $◻$ Took action $◻$ Advised attorney of record $◻$ Other $◻$ Other: $$

*3 CAUSE NO. 70677275 WIRD CONED DANALD WAYNE HERON T.D.C. J.-C.I.D.NO. 1538539

RELATOR VS. THE STATE OF TEXAS AES pANDANT MOTTON FOR LEAVE TO FILE THIS ARTICLE II.OI SUBJLEMENT/UNDER ARTICLE II.OI'3 WRET OF HABEAS CORPUS

TO THE HONORABLE JUDGE OF SAID COURT: COMES NOW DONALD WAYNE HERON 1538539 , RELATOR IN THIS Above STYleL and NUmbereed CAUSE of ACTiON, IN THES MOTTON FOR LEAVE TO EeL TRES ARTICLE II.OI SUBJLEMENT/UNDER ARTICLE II.OI'3 WRET OF HABEAS CORPUS, AND WOULD SHOW THE COURT THE FOLLOWING?

HISTORY CHAPTER II OF THE CODE OF CRITICAL PROCEDURE ARTICLE'S AGE ABOUT HABEAS CORPUS, BUT THEY ARE NOT ALL ALIKE, TAKE ARTICLE II.OI IT IS FOR CONSTITUTIONAL ERROR'S AND INEFFECTIVE ASSITANCE OF LOUNISEL! ARTICLE II.OI'3 Is ALl ABOUT CHALLENGING THE CONVICITION USERS RELEVANT SCIENTIFIC EUIDENCE TO WHICH IN THIS CASE IT WOULD be BREATH, BLOOD, OR URINE! THAT EUIDENCE WAS SUPPOSER IS HAVE BEEN TAKEN AT THE TIME OF ARREST AT THE POLICE DEPARTMENT STATION! NO WHERE ON THE II.OI'S FORM DOES RELEVANT SCIENTIFIC EUIDENCE COME TO PLAY. THAT FORM IS FOR II.OI USENOTFOR II.OI'3 WHERE WAS THE BODY FLUIDS AT THAT WAS USED FOR TESTING?

*4 TEXAS STATE LAW LIBRARY DECENDER 9th 2013 Accounting To The Statutory History, Code of Cermional procedure article 18.01 was enacted in Act 1965 59th leg., vol. 2 p. 317 , CH. 732 Transpotation code 724.012 was enacted in Act 1995, 74thleg., CH. 165 SEC.1, EFF. SEPT. 127,1995. We were unable to locate a separate law fitted the "NO Refusal Act," from our research, "NO Refusal." weekends are enabled by the two statutes listed above, specifically chapter 724 of the Transpotation Code, Chapter 724 of the Transpotation Code concerns "Implied Consent." The following is an EXCERPIT FROM AN AITOANEY'S BLOG ON DWI/DUI To combat these issues, Police Departments across the state have begun insistiting "NO-Refusal weekends,"-A Program that allows law enforcement to collect a blood sample from people pulled over for suspected DWI regard Less of whether the individual Refuses Testing. In Texas all Derivers are considered to have given Implied CONCENTITO PRovide a Breath or Blood sample ( $h$ TIPP // dwi. of Fwatt orneys. com/ARTICLES/TEXAS- -DRUNK-Deriving-NO-REfies al WEEKENdS. Shtmi) I Refused Testing WHERE is that Blood sample

*5

• Texas Criminal and traffic law "Penal code"

49,01 (1) "Alcohol consentration" means the number of grams of alcohol per; (A) 210 liters of breath; (B) 100 milliliters of blood; or (c) 67 milliliters of urine (2) Intoxicate means (A) not having the use of normal mental or physical faculties "BY" Reason of introduction of Alcohol; or (B) Having an Alcohol consentration of 0.08% or more section 201 proof beyond a reasonable doubt

All persons are presumed to be innocent and no person may be convicted of an offense unless "each element of the office is proved beyond a reasonable doubt. where was the alcohol at? What partof my Body fluid were used in testing? Which test was used?

*6 The Relator Prays that This Court Grant This Relief In Full and Reverse the Total Courts OROER EXECUTED ON THIS THE 5th Day of MARCH, 2015 Respectfully Submitted, Donald Wayne Merard Donald Wayne Herod 7538539 McConnell unit 3001 South Easly Drive BELVILLE, TX, 78102

Inmates UnSworn Declaration I Donald Wayne Herod, Being Presently-Incaretable in the Texas Department of Criminal Justice CORRECTIUAL-FASTETUTON DIVISION ATTHE McCONHEL UNIT IN BELVILLE, TX, HERE By UNDER THE PENALYSIS OF PERJURY DECLARE that the above to be TruEAN CORRECT

EXECUTED ON THIS THE 5th Day of MARCH, 2015 Respectfully Submitted, Donald Wayne Merard Donald Wayne Herod 7538539 McConnell unit 3001 South Easly Drive BELVILLE, TX, 78102

WRIP HEARINDS 1.1. HAMM 3.19.