Case Information

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Writ No. WR-61919-II Trial Cause No. 274972 -D

EXPANTE LOYD LANDON SORROW

RECEIVED IN COURT OF CRIMINAL APPEALS APR 242015

MOTION FOR REHEARING OF APPLICHY FOR CRIMINAL APPEALS

FOR WRIT OF HABEAS CORPUS ENAANC

TO THE HONORABLE COURT OF CRIMINAL APPEALS;

COMES NOW Loyd Landon SORROW, Applicant, pRo se in the above styled,and numbered cause, and respectfully submits this Motion for Rehearing EN BANC in accordance to Texas Rules of Appellate Proceclures # 76 (d) and (f), and Requests a written opinion pursuant to Rule # 72d, and a ruling under #781(6)(d) or 78.3 .

The applicant will offer the following in accordance to Texas Rules of Appellate Procedure Rule # 75 f, because there are substantial intervening circum stances on New Evidence supporting Actual Innocence, Brady / Giglio Violations, and Denial of Due Process Rights, provided by both Texas and United States Constitutions.

I.

Submitted with this Motion, I have provided a true and correct copy of an Affidavit by Maria Jan Santini, who was an eye witness of the States only witness Refusing to cooperate in any type of trial proceedings, Refuseing to cobrab erate any charges, Refuseing confrontation, Refuseing to speak to the states prosecutor, Refuseing any participation with the charges

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in the cause of 874978 , or to give witness for or against the applicant at atrimal.

Only three people was in the States Prosecutors of Eice, and Moela JAN Santini was one of them.

She only now revealed to me that the States witness withdrew.

The prosecutor came to me angry and in a loud voice told me we were going teia!'

He'NEVER' gave me in informatin' on about not having a witness or any evidence.

This sheds doubt on the truthfulness of the accuracy of the informatinn on the in- dictment on this case.

II.

Judge Wallace of the 263 rd Judicial Distaict Court of Harris County in Houston Texas, requested that the State presecutor give a response if my Due Process Rights have been violated in Regard to Ms. Santini's Affidavit.

The state said that it never Reccieved the affidavit and made a proposed answer with out Revieming the AEEidavit, and never answered if my Due Process Rights had been violated.

Thetreial court adopted the States Answer, without a hearing or sending a copy of the AEEidavit to the State, at which it was shuftled off to the Court of Criminal Appeals.

Now this same Habeas corpus petition has been dismissed without any answer on the New Evidence.

*3 III.

This new evidence should be taken seriously because it reveals prosecutorial misconduct, and establishes my claim of Innocence.

Article I sec. 12 to the Texas Constitution commands: "The merit of habeas corpus is a merit of of Right, and shall never be suspended.

A hearing is due on this new evidence to bring about the truth, and resolution on the merits to free an innocent man. Without it I can't appeal. See, Exparte Steno 30 s. 666 (Tev.Cell.Appl. 1575).

PRAVER

The applicant prays that this Honorable Court demands the applicants Habeas petition/application for a hearing on the merits of the case, and a review of the new evidence by the States Attorney's, with a proper answer about the Due Process Rights of the applicant as is required by their Oath of Office provided by State and Federal Constitutions.

UNWORN DECLARATION

I hereby swear for fear of perjury that all of the foregoing is true and correct to the best of my abilities and knowledge.

Loyd London S6RROW* 1924905 C. T. TERRElI UNIT—1820146 1300 FM 655 Rosharon, TX 77583

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CERTIFICATEDSERVICE

I Loyd LondonSorrows, do hereby certify that a teve and correct copy of the above motion for rehearsing, request for leave to File motion for rehearsing and the Affidavit by Marla San Santini has been/will be served to the State's Attorney pursuant to Texas Rules of Appellate Precedure # 79. 7 and 68.11 by sending a postage paid envelope to the Clerk Abel Acosta in the Court of Criminal Appeals to copy the Affidavit and send with the forementioned motions to;

State Presecuting Attorney of Texas Po. Box ${}^{\#12405}$ Austins, Texas 78711

sent to the above mention Clerk on 08-22-15.

$$\&\text{PRo-56}\backslash \&\text{\#1134905}\backslash \&\text{C.T. TexellUnit-1800\#16}\backslash \&1300\text{FM}655\backslash \&\text{Posharon, Texas,}7583$$

*5 Dear Abel Acosta; (clerk); Please find and present Maria J. Santini's Affidavit along with my supporting Affidavit, and my Motions for Rehearing, and File:

Because I have no access to a copy machine would you PLEASE - make (2) two copies of Marias and my Affidaritiand place away) stamped copy of each in the state prosecutors pre-postage paid envelope and one (1) in a envelope pre-postage paid addresse'd to me; stamped; and send us. post service.

Sorry to have to ask this but I guess it could be said my hands a retired:

Thank You soooo!! very much

P.S. please find (4) five extra stamps

Loyd L. Sогои 134905 c. 7. Tervell Unit-18001416 1300 FN 655 Rosharon Texas 77593 needed.

Thank You!

*6 UNISWORN DECLARATION and, Affidavit of Maria J. Santini

STATE OF TEXAS ) 55.

COUNTY OF HARRIS)

I. D. Maria J. J. Santini being of sound mind, and first July 5 WORN does now say and depose the following, "New Evidence":

1. On May 20, 2002, I personally witnessed Heather Susanne Santini invoke her "Constitutional Right" to be silent, and refused to give testimony, or to be a witness against, or for the accused Loyd London Sorrow, or participate in any court proceedings.

2) The states prosecuting attorney attempted several times to get Ms. Heather S. Santini, to speak and received no cooperation from her, in the cause of 874975.

1. Heather S. Santini's accusations would not have been given at trial against Loyd London Sorrow in the 363rd Judicial District Court cause 874975.

DECLARATION

I declare under penalty of perjury that my name is MARIA J. J. Santini, and that all of the above is true and correct to the best of my knowledge and beliefs.

C.C. File 1 of 3

*7 AFFIDAVIT OF LOYD LANDON SORROW

STATE OF TEXAS…)

(55. COUNTY OF BRAZORIA)

Loyd London Sorrow, being firstdaily sworn does now say and depose the following:

1. I have personally known Maria Jan Foster-Santini for about 37 years, and know her to speak truthfull.
2. Maria J. Santini is the mother of Heather Susanne Santini.
3. Ms. Santini (Mada) was present on the day of the plea agreement in the cause of 874978, in the year 2002.
4. I was unaware that Ms. M. Santini was present in the States prosecutors interview before trial proceedings began in the cause of 874978, presiding in the 263rd Judicial Court of Harris County Texas, on May, 20th 2002, trying to get Heather S. Santini to speakestestry.
5. This informat. on was only learned when Mrs. M. Santini brought our son to see me here at the C.T. Ternell Unit-T.D.C. for a Saturday, October 19, 2013, and sent AECdavit on December 16, 2013 and another Uns. women Declaration, and AECdavit on, or about on February, 19th, 2014. I merely have contact with her, or write her.
6. Ms. Maria Santini revealed and presented www evidence by AECdavit, that exculpatory evidence was with her. I found me on the day of my plea of guilt, in exchange for 7yrs Deferred Adj. Education Community Supervision, under Texas Code of Criminal Procedure Article 42 1/2 sec. 36d), by the State of Texas, prosecutor of Harris County.
7. I affirm, and personally recognize Ms. M. Santini’s isigniture on both AECdavit, one, dated on 12/16/2013 and her Uns. women Declaration AECdavit on 02/14/2084.

*8 DECLARATION.

I Loyd London Sorrow, Mient- T.O.C. 113495 does MOW swear under penalty of perjury that all of the fore mentioned facts are true and correct to the best of my beliefs, recollections, and knowledge.

Loyd London Sorrow 1134905 C.T. TERREll Unit 1- Root 16 1300 F.M. 655 RoshaRON, Texas 77583

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Writ No. WR-61,919-II
Trial Cause No. 274972 -D

INTHE COURT OF CRIMINAL APPEALS

IN THE STATE OF TEXAS

EXPARTE LOYD LANDON SORROW

APPLICATION FOR LEAVE TO FILE MOTION FOR REHEARING OF APPLICATION WRIT OF HABEAS CORPUS

TO THE HONORABLE JUDGES OF SAID COURT; Loyd Landon SORROW, Applicant, ProSe, Respectfully moves this honorable court for leave tB. File the attached Motion for Rehearing of his Application for Writ of Habeas Corpus on Actual Innocence, Brady/Giglio violation supported by New Evidence Not EVER before available, and included within.

Loyd Landon SORROW-TD.C3\%1134905 C.T.TERREllUnit - IBnot 216 1300 F.M. 655 Rostearon, Texas, 77583