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Valier, Nkrumah Lamunba
WR-77,638-11
| Tex. App. | May 5, 2015
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Case Information

*1 Mr. N. K. Lunnah, Lumumba Vdiet 1963-160.1546114 Bethart Unit 11950 FR 998 Bethart, Texas 79022 April 1, 2015 To: Clark Court of Criminal Appeals P. D. Box 12308, Capital Station

Austin, Texas 78711 Re: Cause no. 1030025-C Dear Clark: Please find enclosed and File Applicants Dejection To The States Proposed Findings of Fact. Conclusions of Law. And order.

Please bring to the attention of the Court and the Applicant is requesting a evidentiary hearing concerning the BNR evidence was false and material that was illegally obtained on July 2005 in cause no. 1150025 that effected the out come of the test results in cause no. 1030025 the primary case. Please notice the Applicant at above address when this objection was filed and all rulings of the court in this matter.

There's your for age and all assistance in this matter.

Respectfully N. K. Lunnah, Zumumba Vdiet

RECEIVED IN COURT OF CRIMINAL APPEALS MAY 052015

Abel Acosta, Cien.

*2

Causens. 1030025 -C EXPANTE IN THE 184TH BISTRICTCobUT NEXPUMAN LUMUMBA VALIER, OF Applicant HARRIS COUNTTY, TEXAS

APPLICANTS DRAIECTIGNS TO THE STATES PROPOSER F IUNGINGS OF FACT. CONCLUSTONS OF LAU. AND DRIER

On March 12,2015 Judge San krocher in the 184th district Court of Harris County. Taxes recommended that relief be dismissed. The Applicant nskobject to the State's Proposed Findings of Fact. Conclusions of Law. And Order based on the following finding of fact and conclusions of law:

  1. The Applicant is presently confined pursuant to a conviction in the primary case, the Applicant has involved the proper jurisdiction of Article II, 67 of the Taxas Code of Criminal Procedure. The Weedy Discovered Evidence was not made available to the Applicant until March 19,2014 by Assistant Attorney General Melisa L. Hergis. In the Respondent stephans Motion For Summary Judgment with Brief in Support in Civil Action No. HIS-3257 on page 12 established that Judge San krocher in the 184th district Court of Harris County. Taxas was the trial Judge in cause no. 1150625. The Applicant is now serving 40 years in prison on cause no. 1150625 due to the State's failure to disclose to the Applicant cause no. 1150625 prior to the plan accresment in the primary case. And the State continued not to disclose this information to the Applicant during the First filing of cause no. 1030025 -A on October 9,2015. See Brady V. Maryland, 373 U.S. 83, 87, 83 S.Ct. 1194,16

*3

  1. Ed. 2d (19163). The Applicant is entitled to have cause no. 1030625 VOIDED based on the government's violation of the Brady Rule, which requires the government in a criminal prosecution to disclose to an accused Favorable material evidence. Whether a Brady Violation occurred is a two port inquiry. First, the prosecution must have failed to disclose "evidence Favorable to an accussof" that is relevant to guilt of punishment. The Applicant would not have placed guilty in the primary case. Cause no. 1030625 and would have insisted on a trial had he knew that cause no. 1150625 was pending against him. The State and the appointed counsel knew of the BMR match in July 2005 in cause no. 1150625 giving them the identity of the applicant, but failed to disclose that relevant evidence to the Applicant. The States' intentional misconduct resulted in the Applicant's present conviction in cause no. 1150625 and the primary case. Cause no. 1030625 was used in the punishment phase of trial to enhance the sentence to 40 years.
  2. The evidence was false and material involving the illegally obtained BMR on 24 ly 2005 in cause no. 1150625 and effected the outcome of the test results in cause no. 1030625 . The BMR was obtained involution of the law under Article 38.23.64 violating my fourth Amendment Rights. The State is guilty of misconduct by engaging in "bery lobbing", in which "results were actually arrived at by que 55 worth or using evidence or results from another analysis. The Applicant was being sued by Cordelia Rogers to establish if he was the father of Calsh Rogers in 2005. Testing was done at the same lab. Cordelia Rogers is related to Tiffany Rogers in cause no. 1150625 and they shared a courtment with Vernesse Carlo Sylvester in cause no. 1030625 on Fonders and 15. Belfort in S.W. Houston. The Judge in the 184th District Court did not issue a court order to obtain the Applicant's BMR in July 2005. In Lura Ghan the Supervisor of the Houston Police Department already had the applicant's BMR sample prior to Judge San Kroeker issued the court order in the primary cause no. 1030625. Where did the State get the BMR sample so run test on July 2005 on cause no. 1030625 ?

*4 So Exporte Turner, 394 S.w. 3d 513 (Tex. Crim. App. 2013), and Exporte Hobbs, 393 S.w. 3d 780 (Tex. Crim. App. 2013). The Applications admits that he had consented sex with the prostitute Vernessa Sylvester in April 2005. But the indietment in cause no. 1030025 alleged March 23, 2005, it would be scientifically impossible for the State to find the Applications bNAF in a rape hit done on March 23,2005. When he did not engage into consented sex with Vernessa Sylvester until April 2005. There why Vernessa Sylvester felt the police that "Shrumah Valier the Earber that I know who works at the barber shop next door to where I lived was the man sexually assaulted the on March 23,2005. This is because the State illegally manufactured evidence to falsely iner ininate the application for rape using the illegally obtained bNA evidence in July 2005. 2. The appoisted counsel was ineffective when he advised the applicant to plan guilty in cause no. 1030025 when he knew or should've known of the bNA evidence linking his client to cause no. 1150625 in July 2005. The trial counsel was ineffective when he failed to advise his client that he was also reresenting him on cause no 1150625 or that it was pending with the primary case being heard by Judge San Krocker in the 184th District Court. The trial attorney was ineffective when he failed to object and motion to dismiss the bNA evidence obtained inviolation of the Law under Article 38,23 (c). That violated the applicant's 4 th Amendment rights. The trial attorney was ineffective when he advised the applicant that his bNA cleared him of all 25 sexual assault cases ran against him with the primary case. The trial counsel was ineffective when he failed to make sure that cause no. 1150625 was properly disposed of and dismissed on September 11, 2006 within the primary case. It not for the counsels errors, the applicant would not have placed guilty and would have insisted on going to trial. See Hill v. Loeghart, 474 U.S. 52 (1885) and Strickland v. Washington, 466 U.S. 668 (687), 104 S.C. 2052, 2064.80 L.Ed. 2d 1674, 1693 (1884).

Note Executed on: 4-1-15 Respectfully submitted: 45hrumah 5 rumunba Valier

*5 Cause No. 1030025-C EX PARTE NSKRLHWH LUMMER VALIER, REPLICANT

THE REPLICANT CATIFICS that I have served a copy of Replicants Dejection To The States Proposed Findings of Fact, Conclusions of Law, and Order in Cause number 1030025-C to the Court of Criminal Appeals on April 1, 2015, by mail as follows:

Clark Countr of CRIMONAL RREELS P.D. BOX 12308, CARTTOL STATION

POSTLNS, TEXAS 78711

Respectfully Submitted, Nihnundh Zumundra Valicr NSHILUND HUMMER VALIER TOCE-NSO. 15416714 Replicant, ProSe Reichert Unit 11950 FMI 988 Reichert, Texas 79022

Case Details

Case Name: Valier, Nkrumah Lamunba
Court Name: Court of Appeals of Texas
Date Published: May 5, 2015
Docket Number: WR-77,638-11
Court Abbreviation: Tex. App.
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