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Prather, Jesse Kenneth
WR-31,418-06
| Tex. App. | Apr 23, 2015
|
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Case Information

*1

31, 418 − 069

*2 March 17, 2015

RE: WA. No: To be issued 458-31-418-06 TEial CT. No: 1034927-B 262nd Judicial District

Enclosed herewith please Find AN original copy of Applicants "Request for Judicial Notice" to be filled Among the papers in the above capationed matters.

Thank you For your assistance.

RespectFally Jesse K. Arather No: 1343046 Pews &;t Gazette

Enclosures/SC: CHcis Daniels Harris County, D.C.

RECEIVED IN COURT OF CRIMINAL APPEALS APR-23 2015

*3 In The Coart of Criminal Appeals Austin, Texas

Expant, Jesse K. Rather, X. 49. No: To Be Issued Applicant X 49.31-418.042

Applicant's Request for Judicial Notice

Applicant, Jesse K. Rather, Files this request for judicial notice. In support of such requested motion Applicant submit the Following:

Applicant's motion/request is filed pursuant to note 2016) of the "Tex. R. Evict." Applicant would ask the court to take judicial notice of Facts that respondent is departing from normal judicial practices in resolving time credit dispute with in Accordance with legislative statutes intent.

Applicant further request judicial notice to resolve previous precedent, and material facts of similarly situated jurisdictions resolution relating to the same subject matter "CL-147" time dispute correction of classification records.

The Texas Court of Criminal Appeals has jurisdiction and a judicial duty to determine if respondent has so far departed from solemn guided legal principles relating to CL-147 time dispute resolution matters, does respondents conclusion of law, or application of law have adverse results that are of constitutional significantly

*4 The Adverse party "Applicant" has the right to be heard as to whether fomdicial notice on particular issues on evidence is proper.

Honorable Bradley of the 202nd Judicial District Court erred and ignored applicants argument in employing the incorrect standard of review in determining the instant carit" time credits and correction of records contentions.

CL-147 is derived from legislation designed to protect inmates who seek corrections of disputed facts relating to time classification records eligible cover time derives from sewate bill 245.

Legislatore created the dispute time section by copy of enactments and amendments to peronmentcodes in which an inmate can petition through administrative channels a "CL-147" to correct time credit questions classification correction of records, they have 180 days to respond otherwise "applicant" can seek redress by petitioning the courts through a carit of habeas copos to order the corrections be made. "Irre Fitable material Facts" A applicant unsuccessful attempted to get the problem corrected administratively and diligently percoed the matters to no avail through TDESTs CL-147 2) Dispute Resolution Time Sections 180 days expired on August 19, 2014- Applicants carit was Filed on Jan 29, 2015 3) Applicant saith the corrections of time credits/records becomes eligible for review from Texas Board of Random and Parole waithin a 10 month time frame.

*5 1) Applicant has satisfied allproups of CL-147 analysis under legislative enactments in order forhabers relief to be prated. 2) Legislatore along with Texas Board of Cciminal Justice charged policy allowing the restoration of good time revoked as the result ofdisciplinary action 9-109 (the suspension last by a) (3) Executive and Administrative Directives in relation to disciplinary action and sanction "authorizes" reopening and corrections be made to inmates records "these avenues were exhausted" 3) Applicant cannot perform any labor related work as the results of medical conditions/restrictions and is thereby classified to medical speed which does not turn out for work assyements therefore I in entitled for classification to correct the correctime the laso state are can receive (octof2011 to9-12-13).

Applicant in concluding the requested judicial notice points out both respondent and states findings contradict and debank their own legal reasoning and argument in light of TECAs are in predeut case has relating to time dispute credit applications "overtaing" 28 year old case argument.

TOCTS Dispute Resolution Time Sectors Classification and Records office has failed to respond to Applicants CL-147 under the current statutes time line:

The Texas Court of Criminal Appeals should Fireel it mentorizes that other similarly situated geriodictians resolve time dispute questions differently by ordering affidavits from the Classification and Records Department Respectfully

Jesse E. Prather No: 1343046

*6 Certificate of Service I, the orderaipred authority do hereby certify that a tose and correct copy of the Eregating was served by placing same in the o.2. mail or the and day of march 2015 addressed to: TE. CT. Crim. App.

Clerical Coart P.0. Box 12308

Aosting TE. 78711

Clerical Harris Coatly Chris Daniels P.0. Box 46051

Houtton, TX. 77210-4651 Respectfully Tesse K. Rather No: 1343046

Case Details

Case Name: Prather, Jesse Kenneth
Court Name: Court of Appeals of Texas
Date Published: Apr 23, 2015
Docket Number: WR-31,418-06
Court Abbreviation: Tex. App.
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