Case Information

*1

In the Court of Criminal Appeals of Texas

RECEIVED IN COURT OF CRIMINAL APPEALS OCT 302015

In Re: Michael Dean Perry, Relator

AbelAcosta, Clerk

What to Supplement Secondan Meandamue

to the Honorable Justices of the Court of Criminal Appeals;

Comes now Michael Dean Perry, Relator, prose, and in the interest of justice, files this supplement to his previously file written meandames, and in support of his previously filed strict of habeas Lorgus Art. 11.07, and for good cause Relator would show the Court the following:

1. Relator avus that due to this unprovincious land arbitray acts of respondents very important experience and in penclimant evidence was itImtionally omitted (discarded) from the record in the case of bar. Notwithstanding all of the greedy violations and denial of Lorgus may process before, during and even after Relators dubious trial. Respondents not only discussed 20 plus exhibits in support of his habeas Lorgus, but the remanader of the remnant of those exhibits avowed back the Relators mission. Unit hap hazaidy packed a day in a too up envelope, with all of the staples missing. Unbelievably. If Relator had tried to submit his meandames, habeas Lorgus, or even his exhibits to this (just is such a start, they should leave been refused for Non-Compliance. Relator maintains and avers that he does not have access to a copy. Inacheme in his passion cell, something the Government is well avowed.

*2 For that Reason and more, Relator took great risks at Submitting his 70 exhibits to the state Louis T1888 district Louis's spacificially, the District Clerks office, and his tholo (2) wirt of habeas Corpus 11.07 whereas. Relator avers that a large part of his exhibits were one of a kind and Relator was us Table to wolle Capies there at, wre witty carbon paper! Relator will again attempt to submitt a portion of those exhibits, the ones that were 160 loss, discavded, or destroyed, albeit in piece-meal fashion nevertheless, the exhibits are exculpatory in nature, and Logentans' Lobesent. However, exhibits 71 and 72 were us a part of the original Elingibut nonetholes give meaning ful support to Relators avouments as set forth in his wirt of Habess Corpus 11.07, and tacitly, the the wirt of mundanus. See also exhibit* 73 the ovignia I Love sheet to the wirt of Habess Corpus 11.07 Louis I that has filed by Relator, of which the District Clerk has submitted to the Lult in response to its order in and of the mundanus. However, the District Clerk disobeyed the Louis's order by failing to submit a copy of the ovignia I Love sheet, the copy of the wirt of habeas Corpus 11.07 Louis I on 10/12/1005, the copy with the whited out Date! (emphasis supplied) Loneidence? In the interest of Justice and Fair play, Relator will take another great risk and submit exhibit 73, the ovignia I copy of the Love sheet of Louis I wirt of Habess Corpus 11.07 16.189-4-W I the one with the whited out Date. However, Relator will retain the love sheet of the wirt of Habess Corpus Louis I will the whited out Date, For any future investigation! 3. Relator further avers that his Prison Unit Ellis unit is currently on Lock Down status whereas, that Louduets a bi-annual Lock Down's Make down, there is no movement by offundus and no access to the Lend library, period. Relator avers that he is attempting to produce this wirt and others from his ting little cell of which he shaves with another prisoner, Measc. Foree ive the if I make a couple errors, pardon my grammar. 2.

*3

1. Relator avers that a brief disruption of the following exhibits may be in stouctory, and some of the exhibits are listed in the original exhibits list already submitted to this country, and with the original filing of Relators With a habeas Corpus. As Relator previously states to this honourable Court since Respondent never processed his whit of habeas Corpus, he should be permitted to add additional gewands and low exhibits, and in the interest of Justice, Right?
2. Exhibit** 30 Petition For Writ of Habeas Corpus Application For the Appointment of Counsel Post Conviction Anti-Do7 C.A.P. Habeas Corpus Elud on October 22, 2014. Relators Birth day! Erled in the 188th District, Court. Relator was deured relief whereas, the Court never responded.
3. Exhibit** 12 Letter to the Honourable ex-Sudge Lew Owned (3/18/14)
4. Exhibit 1C, 4, 2 Are letter from Relators who, the allegor, Victim evonerating Relator with Recent Statements Affidavity and the East that Alanna Went to the District Attorney's office and tried to diswiss the charges. A fact that the D.A. Hever disclosed. Also, exhibit is a letter from Relators whether whime the lewners, who states that the found Relators debit Lord in Alannas purse with a Zeio balance. Relator avus that over 8,000*2 was stolen out of his bank account while he was rotting enough in the Gregg County Sail adopting his disposs and unconsitution of that.
5. Exhibit 11, 11A, 11B, 11C, are letters written by Relator to his Court Appointed Attorney of Thail, then come trying to explain about the theft of his property to wit Debit Lord. We sceptice, Hayeoties, Goodstamp card, and about Alannas attempt to diswiss the unfounded charges. Even mentioning the Private Investigator issue, Again. The same and his buddies in the Haseeotors office didat want an Investigator. Subech see this house letter in response exhibit 12 where he states, not alig, that he has a recorded recent statement made by Alanna. Heleunny in his file: Alanna made this recording long before the 1 . The house. With held this evidence, the about a 800 dyy Violation Method Heorism Act.

3.

*4 see also exhibit 2241 Tim Lone knew better, he requested all of this information Long before trial, but never disclosed any of it to me. I only found out about the illegal search of my back pack 2 days before my dubious trial. Tim Lone claims that this was all your trial strategy, The illegal search of my Home was not disclosed to me until after my trial by my mother, Willna Melenney. She had no idea that this fact was never disclosed to me. Just like the innocous knife taken from my home by police. Only later to Lone give with the Hosecutor to claim that they'd follow. Found a knife in my back pack and they devise that plan of subterfuge of using a demonstrative knife. Tim Lone had to have known these facts all along. Look at Lew Armus Reply Brief, p.1-7! How else would Lew Arm known this? Have in Hons that some of Relators other property that was in his back pack and on his person was ever returned to him, including his 80000 prescription Eyeglasses and his 80000 upper dantures, All disappeared? 8. Exhibit 5 Alanna Melenney Indictum dated November 15, 2012 Officee: Fiandulent use of Identifying Information; Forgery the check was made payable to Tye Cheice Salter, this could very well be the name of the black male that was of 6 before police arrived at Relators home the night of the altered Assault. Alanna was already under investigation long before Relators arrest for stealing other peoples money. Just like the stole Relators money and his mother, and Alannas Grandmother, Henny, by an through bank Debit cards! Hrodus operandi! Exculpatory and lim peachumt Evidence? 9. see Exhibits 65A and 56 Alannas Order of Deferred Advocation and Judgment Adjudicating Grant whereas, Alannas office was in fact committed on August 11, 2012 of course she was in fear of the police! The police should have arrested her on that very night October 15, 2012! The Distinct Attorney-Head a deal with Alanna to testify at my trial! Alanna has only thought she could except a deal, get production, and then tell the seal that in an the sTauss, but Tanga Need was n'going to allow that to happen. As, Need bagered her in front of the juicy and further prejudiced Relator in the eyes of the Jury!

*5 Relator was that Alama had other changes pending but in and of the plea bayqain deal she had with Fanyo Reed those changes were discussed. Relator was that inone of this excel patory and inpeachment evidence was ever disclosed to him, either by the District Attorney or either once his Govt Appamts that Attorney or ever his Appellate Attorney. Relator only obtained the Lopes of said document as an appendix to tange Reeds of Affidavit to the state fear of Texas some 2 years after Relators Trial. 10. Exchelt 4 A Urager Tates Warning and Right Relator was that he was ad monshied by the urager Tate of his Right and right to Counsel: However, as is obvious (7) Relator refused Counsel and later filed a prize written for an Examining Trial in the 381 Govt, the Govt of Suisdation, on or about October 20, 2012 His Birthday. When there was no response, Relator filed a subsequent written for Examining Trial in the 1888 United Govt on or about October 30, 2012. Again with no response, Relator was that he had a fundamental Right to an Examining Trial under Civil Aft. 28. of the Trial by and through the day process claim of the Resident Amendment and Aft. 2 see 19 of the Texas Loust Tation. For the more, it is well established at the Eutity, Evigg County, Govt, have, that Relator is well versed in the Law and he had every such to represent his self at the Examining Trial. See Aft. 2 see 10 Mill of Right. At the Examining Trial, about any this could not already related to Relator would have learned of the illegal search and secure of not only his backpack, but his home as well. Even the names of all those other Police officers, especially the ones that went back to Relators home the following days and seaycher Relators Home without Comment and with our Seaych Mariant. Even, picking up the actually innocuous knife that was dropped by Relator: then taking it with them. You can search the record in vain and Govt won't find their names anywhere or the Leeation of that Paving knife or butter knife they took with them. 11. See exhibit 0 Section to Suppress Evidence that Wee Filed an February 25 2013, right before Relator obbieis Trial, Subter kige. Relator was thes

*6 a written to suppress Evidence is required to be filled at least to days proof to trial! theres do sound trial strategy involved in starting until just this days before trial to attempt to file the Suppresion section? See the stamp filed mark in the top right hand corner, Relator avers that this was all part of their clever little plan to think me into acquiring the suppression of evidence heaving subtுகிறது in misdirection. Whereas, it clearly states Home on the section as well! I should have found out about all of those pictures and the Epicic coming back the next day and that they had do search was right then their names, Right? Even their testimony, Right? The unname Volce officers would have had to disclose picking up the real innocuous knife from my home and taking it with him, Right? I'm love and Michael R. Lewis knew all of this all along Since Relator is a visit Writh and well vowed in the Law, everyone of them knew Relator would object and filed a dozen visits, Right? That's also facility conceder why Relator was howed in Solitary Government and subtracely denied access to the County Law lebrary. Even being assauted by Gringy County Guard, Adam Sloan. See exhibit*E Release Report.

1. Exhibit*E Release Report. Where as Relator was evvoneously avested, at his own home 58 W. Exoadubryst Longview the Eay Criminal Pressess. And just this days following his Dabysistors untimely death, Roni McKinna, the alleged victims another. While in 1941, a guard named Adam Sloan assaulted Relator for having two maft and two blankets that Supervisor Cple Waldow previously gave Relator, Relator filed a civil Rights suit. the Criminal Pressess charges were dismayed. However the civil Rights suit was still pending. As is obvious by the UWg shot, Relator is wearing his 800.00 eye glasses. Also his dabit card is usred, Maastocand 2228 Evrthermore. Will Semynai is usred as the detention officer. He was also a defendant in the civil Rights suit therefore, it was a conduct of interest for him to test the arting that! Right?

2. Exhibit*E The standing pictrial orders of both the 1248 and the Leads of the Court for Ecloing Criminal Cases, Relator avers that the order is self-explanating however, he will point out a couple of

6.

*7 spacific points 2. Affidavits of Search Mawants 4. Any agreement between the state and a co-del and an accomplier or in formant 5. The Criminal record of and pending charges against the alleged victim and any agreement between the state and such witnesses. Note: As soon as practicable after the appointment of counsel, the state shall provide all of this to counsel and move. No wonder they didn't want an examining trial or even a suppression heading! Of course the state and Relations Court Appointed Attorney-Validated the order too. Meant Five (5) days before trial the state shall produce the following: 1. All statements given by third parties which result in the issuance of arrest or search Mawants, or which result in the charges being brought against the Determinant including those used before the brand only. Let's go back to the above No. 5. All except parting statements include by any party or witness to this alleged offence. Which is in the possession of or within the knowledge of the possesting attorney or any of its agents, including any law enforcement agency, whether such statements were written or oral, which might in any manner be material to either the govit or innocence of the Determinant, or the punishment, if any, to be set in this case! (Manues pending charges and recent statements). 2. All photographs etc. 7. All evidence, physical evidence section by the state 12. All physical evidence, including famous relative evidence, Emphasis supplied) the state expects to use at trial. In this k outrast to these the Trial Orders, Tanya Reeds states in her Affidavits the state has that she is not required to give any notice before trial of the use of famous relative evidence. In fact, the respondents violated almost every one of the Court's very pain. He trial and trial discovery (tand ing Orders, Limine Orders, and in genuously, I might add) And with our Compunction. And this has carried on into that only the whist of habeas. Corpus, but the whist of mandamus as well! They won't even obey an Order from the Highest Court of Appeals in the state of Texas. What are ayus and asserts that due to all of the Violations aforesaid and a great deal more not even mentioned in this Fovom he was and is Continuing to be denied his right of Appeal whereas, visible claims

*8 That Could have been raised by Relator have been irrevocably lost. Even on a wirt of Habeas Corpus like the names of those other Police Officers, the innocuous Paving leufe Police Look from Relators Home. Effective. 14. Exhibit He letter from LeW Durn also exhibit 1415 Whuess. LeW Durn was well aware of the Evandy Violations I told him about, and he was wrong, the evidence does not have to be admissible to witt the innocuous leufe the Police Look From my Home without a Search Wewant. Also the the issue of ineffective assistance of Counsel. In starke Confrast, LeW raised several grounds of ineffective assistance of Counsel in Appellates. with but Faites to raised the issue in Hrotion For New Trial. Relator was that he has numerous other letters to and from LeW Durn that go into more detail about the issues Relator Wanted Drought up on his, appeal. Of which LeW Durn refused to do. Like the missing Witness: LeW Durn never lived a Private Investigation, either the Government would have paid for it. Sound Trial Strategy, Hardy but he did raise the illegal search and seizure of my Home and the retrieval of the innocuous leufe from my Home in his dubious Reply. Bricf that the Sext. Lour of Appeals completely ignored. All of this and more should have been raised in Hrotion for a New Trial. Like Relator did it his probe in Hrotion For New Trial. Of which should be part of the record, Right? 15. Exhibit A Presumption of Innocence / American Justice for the World to See. Even a terovist had the right to the presumption of innocence. And she said prosecutors should not be allowed to paint Abu Khatfal as dangerous in the eyes of prospectus jivors. If was probably more than the accused terovist deserves, but exactly what hee emptied to in the American Justice System, unless, of course you're a thorn in the side of Government. Like this, Pewy. The proof as a yt T Family balance was against his sister that just died. So keep that in mind when you go back, Tancy Needs, Jony Instruction. Sheep as a razor, heavy as an Bugnie block. (Demonstrative leufe Huretion, and all those side-bare). 16. Exhitt B Ex-OA says its too late For Discipline, the prosecutor is accused

4.

*9 of withholding evidence in 1987 case of which lead to the Michael Horizon Act. Relative thesultans that the Nice cutor in the case at bav also withheld evidence, the Jailhouse phone call between him and his niece, the allaged VeTion. The Assistant Distruct Attorney only used an except from that phone call. She never was had a search against the Jailhouse phone call also violating an Emergency Protective Order, even considering that an emergency protective order was most and ridiculous, since, to one was injured and Relative was in jail and not able to post bail himself and, also withheld the illegal search and secure of Relative back path and Home. All the other Police officers named, that Police vetriewed the Actual innoe- vous, knits Relative dropped on the floor in his home. The East that Alanna Tried to dismiss the changes long before Trial, that Alanna had pushing Eclongchanges, that she made a plea deal, and more... which begs the question, what else did the state withheld? Will Relative have to open? 25 years in Union before obtaining Justice? Will the Assistant Distruct Attorney's in the case at bav ever be held accountable for their many evourows and unprofessional acts? Violating dozens of yylos, why, more than the one rule Relative is accused of violating, Rede 6. 17. Exhobit 21 DeEeuse argues girls veeant was withheld and Defendant claims Trial Attorney was in effective for not objecting and Relative avus that This case Heivors his Case! Not only did the state IRespond withheld the alleged victims veeant statements, so did his court Appointed Attorney's the Sesth court of Repeats Eavits him Love for not Thaleng the proper ob- jectious at Trial. Thuk, failing to preserve error for their vevices, Buthe Wasn't in effective, HeusThave been Sound Trial strategy Right? Some thing could be said of Appellate Counsel, Alanna, Recent Leller that Relative Heated to LeW Down! Iim Love for that Watter, the supertecorded veeant statement from the alleged victim that he still retains in his file! Never having produced it before, during, or even after Trial. 5 years and Counting! 18. Exhobit 22 Loving endured an assault on bav. The Fourth Amendment! Although Relative wasn't physically assaulted this time like he was in the pwoi hampering with evidence case, of which the Civil Regltte sent he filed won't all the Way to a juig Trial. Relative avus that he was still

*10

The subject of an unreasonable and illeral search and secure whereas, its past time there samnambulant people. Make up to what is happening here, to what is being taken. Our Collective United States, Constitu tional Rights! In 1791, the Bill of Rights was va tified, including the Fourth Amendment, gvan anteering the sight of the people to be secure in their persojus, houses, papers and effect against unreasonable searches and seizures. Notwithstanding the fact that Relator was not sexually assaulted like this Woman was, never the less, the search of his person, houses, papers and effect (back pack) was unreasonable just the same and the resultant illegally ob T aimed evidence was used against them, a T his exogenous trust, of, which should, have been excluded as trust of the Possuous One Doctrine-Exclusioning Rule. And protected under the 14th Amendment the Process Clever of the United States, Constitu tion! Police stop and evisk (hand rubb) and beat with out trust, establishing probable cause and some of you shivg and say so what. 19. And finally we have to exhibit 79. The original Love sheet that tustules I through to for the filing of the witt of habeas corpus 11.07.1astivations! Including rule 6. said exhibit is marked as Count 2, the date it was filled and initialed by a deputy has been whitted out! Even the cause number was whitted out! Relator avers that since the same file date and cause number were stamped on page two of the Application for witt of Habeas Corpus, one could infer and/or ascertain that the act was erroneous, Right? Especially, since they whitted out both Applications and the introduction letter to the District clerte and tried to discard the whitted out Copies!

Prayer

Wherefore premises Loucidered, Relator respectfully prays that the Honourable Levitt Criminal Appeals consider the aversment as selforth in this motion and order the clere to include the exbibett here is as part of the record in this proceeding or in the alternative, issue a ruling with "pacificitymord" to preserve evis for any future appellate review, and such other, and further select to which he urac be justly entitled, at Law and in Equity or Just Love be shew. Respectfully Submitted. 10.

*11

Unsulara Declarationis

I. Michael Oen Beny tiontils 1836422 being presenstion incescuated in the texar Department of Lrumusis Surtice at the Ellis Unit 1697 Em 980 in Huntsville 7677343 Deelare undiv penalty of perjury that the above and foregorug is tive aus Lower. Exceutod as this the 28 th day of October 2015 By the Relator Wh eided Oen Beny tootils 1836423

Leticicntic at Sexwie

I. Michael Oen Beny tootils 1836422 do heie by Leticth that s tive aus Lowert lage of the above and Foregoing hection with exbibits and wusworn declavation and leticicate of sevwie have been sevved by plueing sewe in the U.S. marl, Eivs tllam postage prepard on this the 28 th day of Octabie 2015 By the Relatore W eided Oen Beny tootils 1836427 Retion Sevvie Reques tion: Michael Oen Beny tootils 1836423 Ellis Unit 1697 Em 980 Huntsville, 7677343 ad subjiciendum, Righit? $1l$ .

*12 In effective Assistance of Course at Trial and on Dixit Appeal! Michael Dean Kelly The state of Texas

188th District Court In And for Glogy County Texas

Appeal No. 06-13-00051-CR Malcouse No. 42, 139-A October 22, 2014

Petition for Whit of Hobcass Corpus Application for Appointment of Counsel Post Conviction Act in a Cl. R Habers Corpus

To the Honorable Judge of said Lourt:

Lomes now the Appellant, Miciback Dean. Perry, proceeding prose, and in forma pauperis, in the above styed and numbered cause, and moves this honorable court to grant the Appellant the telict he teques her in, and for good cause Appellant would show the following:

1. The accused in a criminal trial has a right to counsel under the sixth Americanint. U.S. Const. see also the Lady in the Hoc. Act, 1051. Right to Appointment of Counsel. by and the Fourteenth Americanint. The U.S. Const. to Tion. One process given by, also see: Rewold, Allabaus. 287 U.S. 45 (1932); E. Tricilland V. Wiskington, 466 U.S. 668, 104 S.C. 2052 90 L. 60.20674 (1994); United States V. Chronic, 466 U.S. 698, 104 S.C. 2039, 80 L. 60.20.1984) Also see, Evitt, V. Lucey 469 U.S. 105 S.C. 830,83 L. 602082 (1985). A defendant is entitled to effective assistance of counsel, not only at trial, but during his first Appeal as of right from his conviction, a criminal defendant is attempted to demonstrate the the conviction, with its consequences. The appeal, a criminal Appellant must face an adversary proceeding that like a trial is governed by in Tricate rules that he a lay person would be hopelessly.

See Lew Jesus Rephy Syric (Kuch 191-3) 1066 (Illegal search and secure)

*13

forbiding. An unive presen'td appellant like an un 1epresented deFeudant at Trial-is unable to protect the vital interests at state. (Suthominal representation on an appeal of right-like nominal, representation at Trial-does not suffice to render the procedure conc tituationally adecuate. A party who's counsel is unable to provide effectivirepresentation is in no better position than one who has no counsel at all' UHAU.S. at 996, 1055 et at 836 . A defendant whose counsel is unable to provide him with effectivc assistance on direct appeal and who is prejudiced by the deplication is thus entitled to a Real Appeal' see. Mayo V. Henderson, 12 F. 20528, 537 (206i); Certamind-U.S. 1155.6E 81,170 (1994); Claudio V. Soullg. 982 F2d 988, 806 (206ii 1992) Cert denied 508 U.S. 912,1135.6E 2347,124 LEd 20256 (1993); Fagon V. Washington, 942 F2d 1155,1156 (TTh (ii 1991) Generally speaking the per formance of appellate counsel is assessed using the same standards applied to Trial Counsel unders, StycklandY. Washington, Supra.; United States V. Chivenes, supra; We Fadland V. State 9285,W. 22492, 500 (Cex. Univ. Ann. 1996) Also see; Freeman Y. Lane. 962 F2d 1252, 1257 (TTh (ii 1992); Gringy Y. Greer. 800 F2d 644,646 (TTh (ii 1986) The bench marke for judging any claim of ineffectiveness mustbe whether Counsels conduct so under minenthe proper functioning of the adresceral process that the trial or Appeal cannot be relied on as having produced a just result, Styckland at 866, 1045.6E 2045. Whateas, effectivc advocacy does not require the Appellate Attorney to raise every non-finvolous issue under the sun, of course. Jones V. Evans. 463 U.S. 745,1035 et 3508, 77 L 6220987 (1993) After all; one of the principal functions of appellant counsel is Wannoning out the potential claims so that the coun' may focus on those with the best prospects. Page V. United States, 884 F2d 300, 302 (TTh (ii 1989) This is not to say that Counsels selection of the issues to pursue on appeal is beyond scouting. Wee it legitimate to dismiss a claim of ineffectivc assistance of counselor appeal solely because we found it in proper to reveal appellate counsels choice of issues. The right to efective assistance of counsel on appeal would be worthless. Gringy 800 F2d at 646 . Instead we engage in a pragmatic assessment of appellate counsels who be lacked.

$1\circ F8$

*14 Genuinely ETratlegic decisions that were arguably appropriate at the time, but with the benefit of hindsight, appear less than brilliant, will not be second guessed. Group 800 F2J at 646, Ltting United States V. Harris, 559 F2d 366,371 (7th Gr 1977) but When the appellate Council omits, without legitimate strategic purpose, a significant and obvious issue, will deem his performance deficient. Group 800 Fd at 646, Hollenback, 987 F2J at 1275, and when the United States may have yesuitted in a divusical of the conviction, or an order for a New Trial, we will deem the lack of effective Council. We just viciel (Group 800 F2J at 646) thus: When a claim of ineffective assistance of counsel is based on failure to raise viable issues, the Distructiowtowis Texamine the Trial Court recovd to determine whether appellate Council failed to present significant issues which could have been raised. Generally, only when igproved is sure are clearly stronger than some of those presented, will the Presumption of effective assistance of counsel be overcome, Group 800 F2J at 846; also see, Hollenback, 987 F2J at 1275. The ultimate question we ask is whether, but For Councels errors, there is a reasonable probability that the outloome of the proceedings would have been different. Froman, 962 F2J at 1258 (Appellants Trial Coover No. 49, 139-A and Perigs Direct Appeal No. 06-12-00057-CR Sixth Court of Ameals. Yearkanate.) 2. Appellant Michael Cam King filed his ourpro se Motion for a New Trial on or about Weavell 240, 2012. However, said Motion was Not Stamp filed by the clerk until April 23, 2013 Appellant would point out that his pro se Motion for New Trial was dated Weavell 29, 2013. The exact same date at his Appellate Actovecis Motion for a dowe Trial! It is who wonder the clerk failed to stamp file Appellants. No se Motion for New Trial, Inever to claim that his Appellants Actovecis was unamuse of all the issues raised in the pro se Motion for New Trial! Appellant overs that Mntonly not filed new Drun of What he Wantes included in the Motion for New trial, several of the issues concerned ineffective assistance of counsel at trial!

*15 That he was denied a Fair and important Trial, That Defendant has denied as, coyury - Beady, Masterals! That There was an illegal Search, Sezive, of on by just his person and back pack, but his Home as well, see: Appellants, give Motion for New Trial- stamp filed April 23, 2013, of which is available for Appellant, youce, see; Robin V. State 240, S. 23, 919 (See (him And 2000) Let Donn was well aware of all the issues, Perry, Wanted included in his Motion for New Trial. Perry, Wountains that if the jing would have heard and seen all of the evidence in its entreaty, and not just the evidence provided by the those outorand Appellants in effective trial. Alornery, the trial would have had completely different outcome! The same could be said for his direct Appellant. Appellant, if there is no, was the same, also raised and preserved in a wirt of mandance filed in the sixth Court of Appellants on April 3, 2014, long before his direct Appellant, Appellant, Cenied! Appellant, even filed a wirt of mandance in the Texas Court of Criminal Appellants, Writ to W.R. 62, 970-05 (2014), 12/19/2012 (Examining Trial 2) (Motion for Wountains, 2012). 3. Appellant, ayers that his Court appointed Appellant, Cenied, failed to include Beady, violations in Motion for New Trial, whether this evidence is referred to as really discovered, is just a matter of, when opinion, is not a matter of, when opinion, is not a matter of, when opinion, if, by course, that was for the jing to decide and not the those outor or, court, appointed Cenied. Let Donn was well aware of all the Beady, violations long before he filed his dubious Motion for New Trial and susseveral Appellants, Writ, see, Michael, can tell us previously filed Motion for Appointment of Cenied, filed on July 29, 2013, Appellant, Wountains that his, court, Appointed Appellant, Cenied, refused and failed to include exculpatory evidence, Not only, in Motion for New Trial, but in his direct Appellant, Cenied, for relief, expressed to be included in his direct Appellant, who, for New Trial, Appellant, has had two with the final, exhones, that have submitted, Abhorred, sabry Affidants, since Trial, exhones, ating the Appellant, and proving, notice, who conduct as well as, aty, oring this conduct, those, utors and Court Appointed, Cenied!

*16 Appellant avers that he will submit these Affidavits in an Appendix to his wirt of Habeas Corpus. He saaiifications of the Allegations. Made in these affidavits whit be far reaching and will prove beyond a reasonable doubt that Appellant is actually innocent, like Appellant has maintained from the very beginning Appellants position has not changed since his initial false arrest and subsequent illegal and Unconstitutional imprisonment.

A. Appellant avus that from the initial appointment of his Appellate Course I ther has been a conflict of interest. Wheras, Leal Dunn was previously the Municipal Court Judge in Longview, the He in fact sentenced he to incarceration in various lines, All of which were used against me at my trial. I wotified Judge Dunn soon after he was court Appointed to my case that I didn't feel comfortable with an Attouring that previously sentenced he to imprisonment in various lines. I have all of our Coves pounded to back up my assertions. As if that were not enough, when I informed Judge Dunn about all the Rends, Violations Long before he filed the uniform for West trial and subsequent Appellates Brief. His Dunn adamantly refused to file a motion for a New trial stating some of those Rends Violations. I you know, all of the evidence the state and the Police Covered up! The illegal search of ungrtowne! The Police Officer Wike willsons picking up the KNIFE (butter knife) that I dropped in the house and took it with her! And never did disclose this fact. Yes, I have an unsin peace. hable Eige witness that provided me with a Sworn-Metrorism Affidavit. This witness also pyers, inforaliy, that the alleges Victim was not injured and Not Mysterical. Now did the Police have a Valid search Worried or Probable cause. Or consent to search? When Appellant informed his Appellate Attorney of all these Rends, Violations, He should have at the least, hurdg private investigaies in order to get to the bottom of it. Just like him, came and, while heed 15. Leads, there was absolutely 160 Investigaticin done. Pethod. In fact, Appellant had to do his own investigation from Prison' see Ake V. Oklahoma 470 U.S. 68, 27, 1053741087,1093,11385)

*17 Furthemore, on the issue of the Private Invesitssion, be inia a wirt wister in prison puts me in the unique position to revieal other people, cases and Appellates Briefs. I was ve view this other inuates brief, and his was in fact filed just a week after mine. He received 50 years for Murder. That's right 80 years less than the. And I doubt Kell anyone. The girls throat was cut from ear to ear and she bled out, with her knees on the floor and her upper body Layed acc iose the bed. I'm sorry across the bed. A shacking set of events. Anywaya Deadly Weapon in the Mounor of its use, right. A knife. I believe that, what they really mean, you actually have to cut someone? Not only did the Court furnish him with a Private In vestroator, Before Trial, but on his first Appeal-to Locate and Intervical Witnesses, Sound Familiai? Today Duan chastied him Couctor not having a Private Investigator, when all along he should kavior. By the day, you'd be hard pressed to cut some body's throat with a Butler Knife. Duty to Disclose. Brady's Haypland, 835.07.2972(1962) 5. Appellants attorney on Appeal even filed a Miction pursumito buetari. California, and he tried to quit. Mr. Duan was upset because Perry filed a ple se miction for New trial raising 17 grounds, of whete 13 are seperate and distinct from the mere 4 grounds raised and presented in Lew Dunus dubious brief, Miction for New trial. The Main ground that Mr. Duan left out that was pointed out by the Court of Appeals, is in effective assistance of Counsel, see Court Memorandum opinion p. 34. 20 footnote. Although the trial court heard Berly Miction for New trial, Berly presented to complaint or evidence relating to in effective assistance. Appoyetity, the Court of Appeals was confused about which miction for New trial the trial court heard, because Perry's ple se miction for New trial did complain of, intr a tia, in effective assistance of Counsel, and of more than one eg/egueiss/serious error, see: Prou V. U.S., 199 f 7 d 37 (1999) Although a revicative, Court must consider the whole of the record, a single, serious error none the less can support a claim of ineffectiv, assistance of counsel, even on Appeal, see, CATtieV, 477 U.S. aT496,1065.07.2639; Kimmelman V. Moxinson, 477 U.S. 365,393,1065.07.2574, 21 L60 2d 305

*18

(1986) United States v. Chronic,466 U.S. 648,657 n 20,1045 et 2093,90 L.E. 2265 (1986) JostTeke Perry's previous Courageonist ADornery on the tampering with Physical Evidence case whereas Kevin Settle called to object to the illegal enhancement of a prior probation sentence that was to Tachorizen by Law-Not eligible for enhancement purposes! Perry's sentence of 25 to LeEe was revised on Drect Appell and he in Eart receive a very reduced sentence of thine sevved. Of course, the Couret in that case said Hevin Settle was a tin effective, 90 Kigure! Of course the Appell's Couragees on to say that there is a strong recognition that Counsels conduct Eell within the wide range of reasonable professional assistance and that the challengesed action could be considered sound that strategy is o bter Euge! The sixth court of Appell's goes on to say that the pointof error on appeal must come or TWitt the objection made at Thal. Because Perry's Complaint on Appell were not asserited below, they do not compor Thith his objectionis at Thal and nothing is preserved. For our replew! (. 25 failed to preserve than! And justhow is this Considereal sound strategy, at Thal, or on Appell?

Waye

Wherefore, premists considered, Appellant respectfully prays that the Honorable Jude of said Court should criant Appellant The relief he veques Therein, Apporittment of Counsel to assist in the preparation of and subsequent Filing of a Writ of Habers Corpus Artill. 87 tex code Lrintroc and such other and further relief to which he may be justing entitled, at Law and Equity!

Respectfully Submitted, Michelin Eam Exeerter on this the 22 dans f Detaker 2014

*19

ussutein Declaration

I. MichaelDean Perry Tor talo 1838822 be ing pres entty iic caree vated in the texas Denatlant of Leimina! Suftice at the Easthen Unit 2665 frisoin Rd*1, Lovelady, 7675857 Declare under penalty pering that the above and Evregoring is true and Levrect.

Executed on this the 22 day of October 2014 By the Appetantix Michael Dean Perry Tor talo 1838822

certificate of service

I. Michael Dean Perry Tor talo 1838822 do hereby certitiy that a Tue and covect CODg of the above and Evcec oing Auotion for Annointanit of Counsel, unynbyn declaration, and certificate of sevice have been sevved by placeng same in the U.S. Maid, First Class postane prepand on this the 22 dng of Dctober 2014

By the Appellantix Michael Dean Perry tor talo 1838827 Retürn Sevice Requested: Michael Dean Perry 1838827 Easthen Unit $2665\mathrm{f}\mathrm{r}\mathrm{i}\mathrm{s}\mathrm{o}\mathrm{n}R{U}^{*}1$ Lovelady 7675857

Happy Birthday to me! (10-22-57) 8068

*20 Exhibit # 12 Motee to: Burn thate from Motanei. Dear Today Lest January, $3-18-14$ yes, I am in receipt of the states brief on March 17, 2016, even though she did in East Century. I is being asked on March 12, 2014. Don't know, of that, relevant, just though I would point at out and preserve that, even just in case. Now this disclosure - My right hand is what we still changed from the prior assault and as such, I am continuing to have very difficult time writing, Not that I wrote exceptually well before, it just have now! So expect some mistakes! I do not have the extra supplies to do a re-write everything I make an error. Or even the wherewith all. In still in AdJes! Exceptionally poor spelling as well, long! It's hard not to get distracted in here. The noise level at times! Oops! Somebody just dropped another banana in the case Haha! Certainly, wasn't, Oajuntar or Chase, they're still swinging on the banana tree branches! Do I sound better? In sorry, where was I? Oh, you, the next part of my disclosure, I just received the brief, I've only read it a couple of times so far, so this letter is just to let you know I got at and when! I will touch base with you on a couple of very obvious points, just for Laughs. Since I rarely have anything to laugh about anyone. You let I that broad speechless. She choked on a couple of issues. She spelled Alannas name wrong Multiple! Now times! I know that has nothing to do with the merits, but her, I hate it when someone who claims they care about me can't even spell my name correctly. And not just once, numerous times. Maybe the Appeals Court Judges End the same. Why! One can hope! You know, I wrote out this long letter last week because I had yet another epiphony did I spell that right? Why way, I'll share the letter with you sometimes in the future, but I will recite the first paragraph and see it you have the same reaction I did when you read what I know said about her putting the knife in the back pack (culpability) 12.54. Very hard to hide the knife! Indeed, the letter begins; Consider this: One of the testé for common responsibility is the question of whether the defendant knows the difference between right and wrong Police relieved knife from Hone, not back pack! 1062 (Having knife 4 inches long in handle)

*21 Rivmal Bill of Exception, Hbbass Corpus

If a civilizational language, sheaps, or form attempts to conceal his crime, it is assumed he knew his actions to be a crime. That is to be wrong! Boy, did I ever let the mail on the head with that one? They go on and as about the knife, even the Police Officer. But they never disclose the fact that the Police found the knife on the floor that I dropped and took it with him! How long do they think they can keep that a secret? I know also claims that I never written the illegal search of my home or the witness that I an off. Is she for real? Her brief is so full of sign, it makes me ill! Even though you didat include the illegal search of my home and the fact that all the evidence used at my trial was illegal, you did write a bell of a brief! I vown questions the fact that you didat cause certain issues in your Nation. For a New Year, my point exactly, That's what I attempted to do! Illegal Search of my home. No recorded staff, I.e.R. 38, 22 Evidence Not to be Used, E.R. 38, 22 Even the fact now of the wrong knife! All of that is why they didat want a hearing of our type, suppression, Examining trial, and for sure not a private Investigator. Look Today, Duna, you're a real smart guy and gave the only one in years that has at least tried to treat me decent! Even considering your extraordinary brief, I has why I can't understand why you would not raise the issue of the illegal search of my home! And 38, 22 + 38, 23! I knew the staff was going to put their neck out on the line when they wrote that brief! That's what narcessistic people do! I should know, I just got accused of being one myself! How on earth are they going to explain all that on beabeas corpus? You, too, for that matter! Especially, when I submit all these wretries I tried as exhibits! None of you will be able to chain that you didat know any better! I did tell him how and Michael Lewis all of it! Even the other witness, I just didat know the neyros name! And why should I? He was sheals friend, not mine! You could have filled a Cormel Bill of exception and had let him issue included in the record, like my wretries! If I was not being at that, it can't be used on appeal! Well, nobody bothered to the. I vown that when she wrote her brief, Let me hear him you.

*22 Please Mail this Puzzle Isolber phase call, Not part of record! As Sourth WARMant You sorry the Anna, I wasn't quite finished. Like I already said, a lot of instructions. I just handed a cap bill of shampoo for a shot of cheap coffee. Good to the Lost Drop! No, not Maxwell House, I wish. Any way, you didn't mention it you got any previous letter mailed to you last week! The one with Manuas recant. Notorized statement, Well, actually two of them! And her letter! And a couple of postage stamps? You remember, you paid the 200 postage due on one of my letters? And one stamp is to use to mail back my messs Notorized statement and letter. Look, Judge Anna, I never made the statement to my mess that ten going to stab you bitch. How can the state exp in her brief that was never ever mentioned at that? And the Tail Phone conversation? Judge Anna, I've tried to shoot straight with you from the very beginning. What are my chances on Sweet Appen I, Coastdening Growins Weakest brief? Should I wisstotal submit overaddendings/supplements to my Mondawes and include all of my noise markers that I liked with Affindavit that the Police recovered my actual knife and took it with them, then did it disclose it. Look Judge Anna, I'm not looking to just be acquitted and ex赖orated. I want damage! I can't see me rotting away in Ad sey several more years hoping for success in Habes logos. I don't know that, much faith in our judecent System! Especially with people like Tanna Reed and Ian Brown at the helm. God forbid! You know, I figured Brown would like for at least another extension, she just kind of fristled out at the end! And, I don't know it! I can live through any more beatings! Who knows what these reduces will do next. Let me know about how long you think it will take too time to rule on the care and it's should like the Mondawes. Even though I didn't know what actually happened to the knife, I did know that I dropped it on the floor and did not retrieve it and then put it in my back pack. It's pecially with all four of them attacking me-cussing me and calling the Police of me! Of course they would have yetled to the Police-Yes, watch out, he picked the knife back up and put it in his back pack, especially the two steps!

*23

*24 Moscéé. Récrétion / Moscurtorial Huscoushaitt/Éthutôt 4/5 Heu, uncle Michael Hysterical Well, Maybe I should start to say the DfE really tried to screw me. They offered me Trouveths in Estuive coontts rehab and as Confused and distressed as I was I tack it! But I dary later I wrote my lawyer and told him I do not want rehab instead I Want State. Iail that why I want be an prabation anymore and I can just get my time done! So he got me into court again last Friday and I signed a waillet and I got a months State Jail, I already have almost a months behind me and right I don't they are doing Do percent of state fail time because it is so packedso so I should be home in august. My fiance Bobby Has been there taking care of mim so, don't I don't know about her, he is really and truely and amassing man. Bobby tried to get those statements not that can since my name is on it. I will do it as soon as I get out of state Jail, miss you uncle Michael and I love you and I hope you know that well I'm just writing you to check up.

*25 Fing. Wmax. Exhibit4 Doc 32,2012 newont have over. my thymb Micbore. Diedl Lardia Phonus Phear I was going to See a You 2 Mm. 1540 When I looked in my sale, I saw good Wosn't There. I looked every Whip in my room and Can't find It So a while ago I went in Olana's Food on 14 May in her puros. I failed for a balance and it was 2 eRO I am no angry I could eat nalay. S I new she was stealing from me. I had to Deposit my Lost Savings B Stourge in the Pans 2014 though I'd ad coured every thing but just. I got you dyoidnalt that, e.g. Thats 2 Mo. 1 a A Rour I've been over drawn. Quess. why? It Sure. Wrsonit My Loosy snath. 2 I want happen Hedt mo. if 2 have to Sualow my leeg. Now I don't know I have to hide it. 2 want you home. I have no more to talk to. They want drop charges.

*26 Ehihit? 12;45 am (4)

*27 I came out of my room you ever already but side with the pieces. I only taped to the female and maddy to get beyond my heart a young the still. Come back. I just have I run his off again! My hand heuts so but when I existe. I stiee haven't written to sreaties done. she sent me that case. And another thing Ithanna didit care Ithanna didat might, that I did a dail and she was. The hope forho called before. They like to care yous then some kind of paves. Maybe she never stay away your thanne and I can her off again. Sargiv hasn't been around sings. Nows died. She doesn't care about thanne only to use her name to get Gavi. Yionuy and clamosa money heeped at her that car. I think we funaely got real

*28 Of we ther Shunke that used to come around. Deensa met this Q'kalel. Buy who, Prince in marshae, He seems to be s written with her and LONRKS III in asphalt, Pacing Things. He brought her a Marlowe and brought over some food. 2 don't know what happened. sent 2 was 8/06, over draft that I'm. We going to be rough. Souta get this in the mair. 15 Whoma. a, b, c.

*29

*30 Michael Dean Perry TDCNO1838827 Olyinolly, exbubit 22 A

Byrd Unit TDC: 21 F.M. 247 Huntsville, Texas 77320

Dear Michael: I. I received your letter of March 4, 2013. You were shipped to TDC before I could see you. Therefore, I will attempt to address your questions and issues in this letter. Enclosed you will find all pretrial motions that you filed in the case. Also enclosed are the original letters from your family. The next set of enclosures are copies of the pages from my file that you do not have. Lastly, you will find enclosed a copy of the standing pre-trial orders in all felony cases that cover most standard pre-trial matters and take the place of most pre-trial motions that were once filed. The sections of enclosures are separated by a sheet of yellow legal pad as I assume a paper clip or staple is not allowed. 2. Tion Con Elatout Cced about These Motions:

As to the various issues raised in your letter, I will address them, basically, in the order of your letter. Some of the comments may seem disjointed but if you look at your letter and compare the comments, it should all make fairly good sense. It is true that there was no record of your Motion for a Private Investigator or a Motion for an Examining Trial. The examining trial motion would have been properly filed in the JP Court and not the District Clerk's file so it sort of makes sense that it was not in that file. However, I have enclosed all motions filed in the District Clerk file and the investigator motion is not present. One of the other motions mentions it but the motion itself is not in the file. 3. While Leads Lled about the Heolestie Eer,

Your next comment that requires a response begins your criticism of my services as your attorney. One of the freedoms available to you is the freedom to think what you wish. Therefore, if you choose to believe the untrue and insulting lie that I somehow conspized to harm you and achieve the result that occurred in your case, you are free to believe that lie, if I wished to conspire to harm you, it seems I would not have worked so hard in this case of the prior appeal if you wish to utilize logic in Temporomishit determining fault in your current circumstance. If the truth matters to you, I was and am extremely phystical, I disappointed in the result of your trial and I do not believe justice was served in the result. I think there are several potential areas regarding the direct appeal. You also chose to make some remarks about Lew Dunn. As you may or may not know, he was Desmond Jackson's appeal attorney in the case that was reversed-all public record. As to your specific criticism of me, the first is in regard to not asking Chase Neal the name of the other potential witness we learned about at trial. I have been trying state criminal cases for almost 30 years and have developed some instincts regarding trial strategy. I almost never ask

*31

Mo Mwats Suresitigates,

a question on cross examination that I do not already know the answer to unless I am sure the answer can do no harm $\int$ felt that asking the name of the other person would give Chase Neal the opportunity. to make up any lie he wished. I felt and still feel that allowing that issue to continue to show the. inadequate investigation by the police was better strategy than giving him the opportunity to lie.

You also accuse me of allowing the prosecutors to violate your due process rights. You are wrong but without specificity, I can not respond specifically. You also criticize the fact that I did not ask which of your hands held the knife. It does not matter-the point was whether or not you made a threat with the knife. You also criticize my not asking what alcohol or drugs the folks in Alanna's room used. I had no evidence they had used and to question that issue when I had no such evidence, would be exceptionally poor trial strategy. Alanna had already denied that they used and I could not prove otherwise. 5. You allude to a conversation you had with Kirk Haddix. Since I was not privy to the conversation, I do not know what was said. The prosecutors and others may have believed you would be convicted but I believed that it was not a foregone conclusion (The fact that he came and took your fingerprints prior to trial did not alarm me. I have been through trials where the prints are not taken until trial and it takes a lot of time for the fingerprinting and the comparison by the expert. It was not alarming that the State believed you would not stipulate to the convictions, so sending Haddix to take the prints early is neither suspicious or surprising. In your letter, you mention the motion by the State regarding expert witnesses. A copy of the motion is enclosed. This is the routine motion the State files in every felony case in Gregg County. It is neither unusual or suspicious. I showed the motion to you at trial when you asked about Haddix. If I intended to hide the motion from you, it seems strange I would show you the motion when you asked about the matter. I Jlld My Stipilat, So MoV HEV! Heo, Worlow! 6. You next continue criticizing that I did not object to the prosecutor's questioning of Alanna. Once again I felt and still feel that it was sound trial strategy to make only the objections that were_ made. If I had appeared to be trying to help Alanna, it would have been poor trial strategy. Having the State appear to attack their own witness-their purported victim- was proper trial strategy. You also allude to the fact that I did not try and impeach Alanna regarding the theft type allegations about the debit card, etc. As I explained to you before trial, she was our friendly witness-even in the face of the attack on her by the State. Trying to impeach a friendly witness is a ridiculous trial strategy. Since I have mentioned the concept of trial strategy several times, you may think that since the result in the trial was bad that the trial strategy was also bad. Unfortunately, io the trial of cases-especially criminal casesfound strategysometimes simply does noachieve the desired result. Sometimes the fact finder simply isn't buying into the concept. We have no control over that phenomenon-it is simply a sad truth in trials. The case, candidly, went very well from an evidentiary and strategic perspective. The jury simply did not side with us. Unfortunately, that happens and that is the(isk) you look). 7. Your next criticism is in relation to the Judge sending a message to the jury shortly after deliberation began. That was not unusual or alarming either, as the jury got the case late in the day. You also suggest the State violated the rules of discovery without me objecting. You do not bother to inform me what rules or issues you suggest were not handled properly. I am unaware of any discovery violation.

Rules of Discovery Wardy Vg lascous 2063 No search. Warlan? Kurk 610 m home! Wrehal Motion Pet Anthony tole Pet

*32 All these pretious shillogel savetod my Home 'See Metem to suppess that I did not object to. You also suggest the juror was not really sick, I heard the telephone message she left and I discussed the matter with you before the Judge excused her and replaced her with the alternate juror. The lady sounded very ill and if you wanted to make an issue of the matter, you should have told me so. You next suggest that I knew about the State's intention of using the knife used at trial as demonstrative evidence. Once again, if you choose to believe that lie, you may do so. If you recall, I objected to the use at trial Later in your letter, you ask about the tape recorded conversation I had with Alanna and your mother. It is on a micro-cassette in my file. I assume you do not have access to such a recorder to play it. I will continue to retain it in my file and maybe we can figure a practical way to let you hear it if you wish. I would have been glad to play it to you before trial if you had simply asked Alanna testified at trial regarding the same issues we discussed on the tape. Exhonorers me. 6. You ask for my Bar Number. It is 04660350 . You also ask for Ms. Reed's. I do not know it and do not feel compelled to provide it to you. It's not a conspiracy-I am sure you can obtain it. She has worked for the Gregg County DA's office for several years now. I think she had a different last name when she came to work there. "Reed" is her married name.

Lew Dunn's address is P.O.Box 2226: Longview, Texas 75606. His phone number is 903-7576711 . 9. I have tried to address the issues you raise in your letter. I understand your bitterness and share your disappointment. I am always disappointed when the wonderful concept of the promise of justice in this country is not fulfilled. In an effort to try and make the system live up to the promise is why I do what I do. Sometimes it works but sometimes it does not. Since you have decided to accuse me of being a part of some conspiracy to harm you, I can only assume that you now blame me, as well as others, for your current plight. Normally, I would just leave it at that. However, when you are trying to find blame regarding your unfortunate circumstance and try to identify the enemies that are responsible, you may consider looking in the next available mirror, and you may find your worst enemy. I sin! You love 10. The jail called me and told me that you had left your property for me to retrieve. I respectfully decline to do so. If the property is the clothing I purchased for trial, the jail can have them to use for someone else. If the property is something else, you may want to get someone else to retrieve it as the jail person who called me said it needed to be picked up within 30 days. 11. If you want to write me further, the responses will probably be much shorter than this letter. This took quite some time and I have a lot of folks I am trying to help. Youl $s$ hel.

Tim Cone

*33 We will be in Daxter Park! Waver!, exhibitill Mr. Iny Gove Levent all of Mrs in adVauer, theft of Huls ner Webit Card ges, I have a great deal of Time on My hands. I can't really file an objection to the Magistrates report. Until I receive one! Judging by pastexperience with Judith Corthere, she's very unpredictable, but then again protectabe! Hard to explain, it's like I can pretty much guess how she will rule, but by the same token, I don't want to do a bunch of unnecessary work for nothing! (Later forced to Kefwie due to Disability) I know Mr. Cone, you are probably thinking by now, what have I go ten. My self into with Pray! I can't stress the fact about the Knife being found in my back pack. I'm not even sure what happened to all my Marcolies. Life Mr. Cone, all of the Pain Hills and Muscle relaxants. I had just received from the Doctor. They were with my bellcold and Cellphone All stolen! Motive, I think so. Wouldat' you? I can, even remember, not how many I had left, I've been worried so much about my debit card and going to prison for life! Hils of some less I wleep, Look Mr. Cone the more I can for with my bellend professional courtress in here, the more I'm convinced about my first impression about the knife and hout. Ended up in my back pack! I usually had my pills in my back pack, not makeuike. I already botte my leader in my pocket! Why are it I wisted I need to go to the Section for a knife? Besides. That they say that they dreamed me' took the knife away from me! Maye of them say anything different? They water. Warin the notice. Very Water out he has a knife in this back pack! You'll tuly Mr. Cone, I can't remember ever having a kifelum knife in my back pack! It's not to say a streton to believe I was setup! They needed me out of the way, murder to

*34 Keyall of my money and pills! Remember Dayin'ter and Alanna StaTe a completely different story! Dayin'ter started that's tired to stab her first! But she is the only one! Alanna refused to give a family violence statement to Police say that it would be hard because they are family! The story changes, and so is different from each person! How are the Police going to change me with the assault on Alanna, but not Dayin'ter? Not that I want the additional change; but it does raise reasonable doubt! None of the other witnesses state that I tried to stab or upperest Dayin'ter! She's the one that called Police! How do they explain No obvious injuries to Alanna? The mark on her lip could be a fever blister, a burn from a joint or a hot crack pipe! Keep in Mind, chascis a crack cocain dealer! Along with movijiane! She doesn't have an abnormally factap, Keep in Mind, she's overweight! Now she has those two belong changes, Evcgery friend! My she stoke Worries out of her. Hestress bank account with two bank cords! Note! While booking him in, he advise res gestae that Alanna was stivinny with on drugs, that's why she attacked me! Look Mr. Cone, I don't want to hurt my miscerber. Another had just died! All I thought I was going to just for 1000 to 1500000 I at least! Not a English belong I had No I deal about a kinder! I believe that my niece was connected that I would probably just serve about 70 days in jail like last time! She's that violence or drunk! Take your pick! But it's my luke and freedom on the Line, I willing to go to any long, to get my freedom back! There has got to be someway to in preach the witnesses. Tell me again why we need a contrivance? Like I said, there a great deal of people scheduled for court on the 25 - 003. Why would they go to trial with me first? These guys have murder cases and have been waiting to go to trial a lof long, with me! I'd go don't think the state with the ready written IED dogs, then by all means let me know! I'd you can't be ready by the 25 - 00 let me know that too!

*35 I'm soving Mr. Cone, but I just had another brain part! What'd they change their story and say that I actually threatened Oajuntae and chase with the knife and my niece Alanna jumped into the mix in their defence? IT would sound reasonable wouldn't it? But would that change the charge, and could they then re-charge me with a different charge? Or is that like Double Jeopardy? Look Mr. Cone, call me crazy, but look at that Police best of when I was arrested as the lampwing with evidence case! I was also arrested than for any packet assault of a girl with a deadly weapon, yes, a knife! And also controlled substance! But I was only tired and convicted on the 3rd degree felony! They say that Lobbering never strikes twice in the same spot. Is that there??? They can't bring up that old charge than was dismissed can they? As far as I know right now, they don't know about it, unless of course the sheriff killed them as it. I just had another brain part, Try this one out, Alanna and her Mother Rosi, previously, stole my debit card, and we arrested for CT, and goTaway with it, yes, somehow my mother was involved, sound Eannlaw? Now, Alanne is broke, No Mother to buy her drugs, chase and his crack Whores, Oajuntae's death. Show up with some crack, Alanna has no money! They see me passed or on the couch and steal my billfuls! Alanna already knows how to steal my debit card, and obviously, by the recent Tule, Elong, changes of Forgerland Fraud size has a history of this, Type of Theft. She's probably done a lot more, we just don't know about it yet! God, I'm so cause, No wonder The B.A. don't want to prosecute Alanne yet, hell, get me first, before they discredit Alanne, then get her! Maybe ever chase, Dawn and Oajuntae! I don't know what the hell they been up to! Maybe that's why they're quite

*36 No, I'm not finished. I also want a copy of the New Indertment. Notice I didn't call it an Amended Indertment because it's Not? I was notywin prior Notice What's ever? Lyou didat like a proper objection to preserve error on appeal! Same with the Lour's Change! There's more fun Lone! So blatant are the errors on your part and the acts of the DA, I can only conclude. Don't it was all intentional! The list of violations are endless! I'm not only perplexed, but discussed! Just like that A.D.A. Talking that (Demonsitative Kucke) in her hand and pointing at at they mece in a posting position in Event of the yuig! Decourse the appeals Lourt can't see that, Thurs No Vider! ThrecEoreto, No error preserved for appropriate teswer you sure as hell didn't object. Lyou never set the Know that Police Went into my house with oura service Waven't find took some parties of the Bedroom door, which to obtain some evidence against the Just like Scorching Wey back pack! Lyou even failed I object at that! Infamenially too I might add!

*37 Michael Mearion, Act

Diann lived to drop the changes at DA office Before Wail, 'Posewior Never disclosed this,' Cepy Mr. Tim Cone six, $12-10-12$

Long time so hear from you! In fact I thought I Would hear from you by now! I wanted to discuss with you the fact that my recent Alanna Mekaney called the DA and informed them that she wishes to diswise the changes! I just received a letter from my Mother explaining this, My Mother informed me that the DA told my niece that she had to attend a family violence class; get a certificate, then sign an affidavit of non-posecutten, something to the reflect. Hard for me to really tell exactly what's up. from this Solitary Continentell, and so why to talk to them by phone! (Soid if would take 4 to 6 weeks!) Is not sure what's up about that black girl I've Tave That I allegedly prevented from calling TH! My Mother tells me that she has a habit of calling the police and that she has ran her off from her house previously, and just now again! Look Mr. Cone, there is of the essence here! The sooner my meal drops the changes, the sooner I can get out! It serves no purpose to wait around and possibly get indicted! The interesting with an emergency call is a Class A thirds memor, Sorry so sloppy! Anyway, I'm not so sure that black girl will follow through! For the served I'm might be willing to plead guilty to the thirds memor! But not to a colony period! I will go to a juiry trial again, take my) chances on Appen! Mease I can see the soon! I told my family to tell you!

*38 E. 44-17

IE you remember correctly, you told me at Trial, when I asked you Eur Copies of all the Matrons filled in my case, pro se or otherwise, you said Eur me to just write you a letter and make the request and then you would Send me those Matrons, write and other important documents, which I will require on a future wirtel habeas corpus, Notwithstanding my direct appeal! I know there's the Trial record and transcripts, but I don't have the Wrens to purchase all of that and I will have to try to obtain those records by way of in Europe paupers status? Please just send me what you can or will you are a where that I have to why to make copies unless I don't by hand! And show these people what even give me my more paper or envelopes, Imagine that! I you tell me that there is no record of me filing for an Examiner Trial or Private Investigator, but obviously they did receive my habeas corpus for access to the Lawlizrany. Something just don't sit right with me. All of a sudden chase that slip up and mentions another witness, which leaves us to wonder are there any more? No follow up by you or the D.A. as far as determining this person's name! Didat better questioning the other witnesses to find out the gives name or if there was more witnesses? Now all of a sudden my written Eur a private investigator takes on a serious meaning, don't I'He come? Exculpatory Process No, I did not receive a Eari and in partiel Trial. Everybody des to busy with their wittch meat! Don't take this the wrong way this come, I appreciate all your hand work, the chateas, talking to my mere, the thing with my mother! All sure window dressing, but when you get down to the bare parts, you let the P.A./Mrs Reed walk all over my due process right! When Detertive Metris came to Ennse printme on 2-20-13 I had an Epiphany! I'm about to be convicted with out a trial and Mr. Mcaddie confirmed that for me at Trial when I spoke with him. (Don't let them me and him!) I wanted this letter to be I did Not Stipulati to Ploi AEV see Memorandom Opinionall lies!

*39 Brief. but they never are, are they? like I said, Mrs. Read walked all over my the process and equal protection rights and right in front of the jug and live to. Is that What this was all about? Publicity? I will find out Somenby, somehow! This why the shovell and all of them were there! I may be naive but I in do I stupid! May be you could also send me a News paper clipping? I have knew doubt I made the ideas! I'm being better dollar, you did too! Sovey if I sound a little better, I'd gooos and a ? ? ? Eneo &;n Ene will do that to you! You knew Mr. Leve, there's a few times when I started to get up and object to some of the questing, like berating my niece, What do they call it? Eaggering the witness/verlin' Unbelievable! You never did drill these that about the other witness or expand on that foot with the other witnesses! When you knew! Alianza was running my case why didn't you drill her about my delit card and the fact that she was out on band for the same thing? The I real was over too quickly! And this gall rushed the Sovey! Gall should have just left him alone! And what about this juice that didn't shew up, do we have a written Decters excuse? Something Fishy about that as well! Look we, Leve, I'm no fool! I'll my objections weren't brought up at Trial, I can't use them on direct appeal, but I sure can on habeas corps! That's why it's important for me to have a record of my complaints/objections Like this letter. Why didn't you warn me that the D.A. was going to bring their own 'knife' (Denonstrative of course) you knew well in advance! Which makes me wonder what else you will be I'd from me? After I've had a few more days to go over my notes and other documents I'll know more, Especially after I got to a Unit with a Land Salvage! And get a copy of the Trial manuscripts Please Mr. Leve, what we what you can or are willing to, I'doutune to die in pressen! you know as well as I do the perishment about to the crime! Oh, and my Earnings letters too! And that gave law where they can very their own 'knife at trial! Prove it to me! 3-4-13 M. w. 12

*40 No Hiveft Investing for / No Examining You! No Stipulation to pleai AIV see You comes letter! Mr. Tim Cone Sir. 3-4-17 0 Please Forgive My Manneres on the day at judgment, It's not every day that a person receives Tdo bageser aggravated Sentences and Not one, but five 20,000 Eines, well that's fatal! I meant Tdo 10,000 Eines! What, they didn't think like in Piven was enough? Let's Eare it this come, In! 53 years old and not in perfect health! 30 years that before In even eligible for Wealth! I'll be 63 years old! And where give tell do they think In! going to come up with 20,000 E 2 ? What if out? Am I better? you better believe it! Be that as if May, Would you please mail me copies at all that stuff I sent you? Including my Families letters? I'll mendall that stuff when I like my Writ of heless corpus I have no doubt that my directapped, in and of the Good old Boy Network will be above as was my trial!

Thank you for doing that Thing with my Mother, that lives very cessiderate of you! I should never have asked her to come 'Broke My heart! And I'm sure it broke bus as well! And there people showed No respect!

Please include my Appeal Afternaigil Eill name and address so that I can contact him when necessary and it you don't mind, please include and Heitian's punctual I Eved, whether I used on or not, and especially that Heitian live a Private Investigator! Justent to show the Loultat Appents and the State level that my Substantiot Pue Express Kig his wise vie listed you know, Company process and cross-examination, the little Things! Of course I will need the trial tigrestipity And heot about Tanga Reeds I sav No. I want to file a complaint for Postcultarian Mincunduct. Pueria great deal of things she did at Trial that I Tread but a Eartitute the Code of ethics, And Westfitt you never even objected to! you know Mr. Lene, I expected this type of be havciv from some of these other lawyers, but not you! you disappanted the Sour!! There was a Company going on against me for the livilights out! That's against the Deal! Over?

*41 METic reviewing my notes, the ones I have wumbed that I shuided you! Everything pretty much happened at Thai that I peedized. Imagine that! Almost perbation! Trails being our delcermy for a conspray. Please provide me with a list of all the people who actually testable for the state. And all of the adhering states have shinber, yes, including Sunn and even Today Estabian! Well, you people can't give me the gas chamber! Let's see what else I can shake up! Lord Kuen's I will have plenty of time! My Case, you even with bold to states expectantness list from me! Since January 18, 2013 Unbelievable, you lied to me! How Cooled your! What else did you with bold from me? This goes allay beyond me! Eractive assistance of counsel to you, since past at the toospray, the whole time! You know about the nation for a private investigetent, you and your Goodies didatment on investigation! Heut down the other police officers at the scene didat testity at Thai. Here you a karid my voice going to scend up their testimony as well! Always didat even testity like you said she who. Mais bave that tape recorded statement you told me, on book! You even lend about that! Nowe we were, being the tape recorded statement up here right! I feel I! And yes, I have made topics at these letters to prescript of the higher people who in time! Judicial Misconduct!

I have the knife we inadmission so to the Return of that down bodywom days of the 2014. Everything that the Belie ded that might be having a Wacrant should have been supposed. Even the putture of Maman Eare-Futia covered her into these fixtures because at first she refused. There never was a search amount, you're been laying all that time!

Minhon

*42 My, Tim Cone Six, That's right, me again! No, I do not give up, you should know that by now Mr. Cone! I've been patiently awbiting the test of discovery! Where exactly is it? There's a few items that are very obvious! Humbw one, the alleged pictures of my niece, Alanna? You know, the pictures of her alleged injuries, Where are they? My Dacle Jack? Also, what about the alleged Knife? At least some Pictures? What about the Drug Paraphernalia Charge? You do know that I received 12 days time served! The bond was 450000 ! However, I couldn't find a single reference to this in the Police Report, and Discovery! Why not? I requested an Examining trial, What happened? Look Mr. Cone, you do know that I'm a Writ writer, don't you? I'm well aware of the discovery rules! Especially my Dce Progress Regulfs! You know, the 1st, 5th 6th and 14th Amendment, inferalia The Texas Constitution. Still of Regulfs! Or how about Clint Eastwood? Don'tis down my back and tell myits. Kaining! Haha! Please contact me ASAP! Let's discuss this long before Trealys, Thank you for your consideration in this matter, I Look forward. Muctal Don may Mr. Tim Conkes the third letter to Mr. Tim Cone, Thustar!)

5 Executed on this the 12 days February, 2013 P. 1062 By the Defendants' Mactal Don may ${}^{\text{*}}35845$

*43

THE STATE OF TEXAS vs. ALANNA MCKINNEY DOB 06/28/1993

OFFENSE: FRAUDULENT USE OF IDENTIFYING INFORMATION; FORGERY

Presented in open court by the Grand Jury, a quorum being present and filed this $15\mathrm{t}\mathrm{h}$ day of November, 2012.

Barbara Duncan Clerk of District Court

By: Baiting Adors

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURORS, duly selected, empanelled, sworn, charged, and organized as such for the County of Gregg, State of Texas, at the July - December Term, 2012, of the ${124}^{\text{th}}$ District Court for said County, upon their oaths present in and to said Court that on or about the 11th day of August, 2012, and anterior to the presentrnent of this Indictment, in the County and State aforesaid, ALANNA MCKINNEY, hereinafter called Defendant, did then and there

COUNT I

with intent to harm or defraud another, and without the consent of T. Salter, use less than five items of identifying information of T. Salter, th-wit: the name and date of birth, and the driver's license number, by presenting the identifying information to cash a check,

COUNT II

And the grand jurors aforesaid, upon their oaths aforesaid, do further present in and to said Court that on or about the ${15}^{\text{th}}$ day of August, 2012, in said county and state, and anterior to the presentment of this indictment, the said Defendant did then and there, with intent to defraud or harm another, pass to S. Patel a forged writing, knowing such writing to be forged, and such writing had been so completed that it purported to be the act of $K$ sampson who did not authorize the act, and said writing was a clieck of the tenor-following number 1205 made payable to Tys Scherec Salter in an amount of $\$862.00$ ,

AGAINST THE PEACE AND DIGNITY OF THE STATE.

*44 CASE NO. 42023-B COUNT I INCIDENT NO./TRN: 9199741482 A001

| The State of Texas | § | In The 124TH District | | :--: | :--: | :--: | | | § | | | V. | § | COURT | | | § | | | ALANNA RENEE MCKINNEY | § | GREGG COUNTY, TEXAS | | | § | | | STATE ID NO.: TX50220577 | § | |

ORDER OF DEFERRED ADJUDICATION

| Judge Presiding: | HON. ALFONSO CHARLES | Date Order Entered: | 5/30/2013 | | :--: | :--: | :--: | :--: | | Attorney for State: | CHRIS PARKER | Attorney for Defendant: | ALEX TYRA | | Offense: | | | | | FRAUD USE/POSS IDENTIFYING INFO #ITEMS $\<5$ | | | | | Chazles Instrubient: | | Statute for Offense: | | | IYOUTMENT | | 32.51(c)(1) Penal Code | | | Date of Offense: | | | | | 8/11/2012 | | | | | Vexres ofoffense: | | Plea to Offense: | Findings on Deadly Weapon: | | STATE JAIL FELONY | | GUILTY | N/A | | Terms of Plea Bargain: | | | | | 3 YEARS DEFERRED ADJUDICATION | | | | | Plea to $1^{\text{st}}$ Enhancement | N/A | Plea to $2^{\text{nd}}$ Enhancement/Habitual | | | Paragraph: | | Paragraph: | N/A | | Findings on $1^{\text{st}}$ Enhancement | | Findings on $2^{\text{nd}}$ | | | Paragraph: | N/A | Enhancement/Habitual Paragraph: | N/A |

ADJUDICATION OF GUILT DEFERRED; DEFENDANT PLACED ON COMMUNITY SUPERVISION.

| Period of COMMUNITY SUPERVISION: THREE (3) YEARS | | | | | :--: | :--: | :--: | :--: | | EINE: | Court Costs: | Restitution: | Restitution Payable to: | | $ 750.00 | $ 309.00 | $ 862.00 | $⊠$ VICTIM (see below) $◻$ AGENCY/AGENT (see below) |

Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code CRIM. Proc. chapter 62 The age of the victim at the time of the offense was N/A . Time DAYS Credited: NOTES: N/A All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. This cause was called for trial in Gregg County, Texas. The State appeared by her District Attorney as named above. Counsel (Waiver of Counsel (select one) Defendant appeared in person with Counsel. Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

*45 COURT ORDERED FINGERPRINTING OF DEFENDANT'S RIGHT THUMB DONE-IN-OPEN-COURT-(ART:38:33 TCCP)

*46

| Case No. 42023-B | | | | :--: | :--: | :--: | | INGIDENT NO./TRN: 9199741482 | | | | The State of Texas | § | IN THE 124TH DISTRICT | | v. | § | COURT | | ALANNA RENNEE MCKINNEY | § | GREGG COUNTY, TEXAS | | State ID No.: TX50220577 | § | |

JUDGMENT ADJUDICATING GUILT

| Judge Presiding: | HON. ALFONSO CHARLES | Date Judgment
Entered: | $3/7/2014 | | :--: | :--: | :--: | :--: | | Attorney for State: | CHRIS BOTTO | Attorney for
Defendant: | ALEX TYRA | | Date of Original Community Supervision Order: | | Statute for Offense: | | | $5/30/2013$ | | 32.51 (c)(1) Penal Code | | | Offense for which Defendant Convicted: | | | | | PRRUD USE/POSS INDENTIFYING INFORMATION | | | | | Date of Offense: $8/11/2012$ | | | | | Degree: | | Plea to Motion to Adjudicate: | Findings on Deadly Weapon: | | SVAPE JAIL FELONY | | TRUE | N/A | | Terms of Plea Bargain: | | | | | N/A | | | | | Date Sentence Imposed: | $3/7/2014$ | Date Sentence to Commence: | $3/7/2014$ |

THIS SENTENCE SHALL RUN CONCURRENTLY.

| $◻$ SENTENCE OF CONFINEMENT SUSPENDED, DEPENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A . | | | | | | :--: | :--: | :--: | :--: | :--: | | Fine: | | Court Costs: | Restitution: | Restitution Payable to: | | $ 750.00 | | $ 376.00 | $ 796.00 | $⊠$ VICTIM (see below) $◻$ AGENCY/AGENT (see below) |

Sex Offender Registration Requirements do not apply to the Defendant. Tex. Code CRIm. Proc. chapter 62 The age of the victim at the time of the offense was N/A . If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order. From $1/25/2013$ to $2/2/2013$ From $1/25/2014$ to $3/7/2014$ From to From to From to From to If Defendant is to serve sentence in county jail or is given credit toward fine and costs, enter days credited below. N/A DAYS NOTES: N/A

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference. The Court previously deferred adjudication of guilt in this case. Subsequently, the Court heard the matter of Defendant's compliance with and obedience to the terms and conditions of the Court's Order of Deferred Adjudication of Guilt. The State appeared by her District Attorney.

Counsel / Waiver of Counsel (select one)

Defendant appeared in person with Counsel. Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court. After hearing and considering the evidence presented by both sides, the Court Finds the following: (1) The Court previously found the Defendant to be qualified for community supervision; (2) The Court Deferred further proceedings, made no finding of guilt, and rendered no judgment; (3) The Court issued an order placing Defendant on community supervision for a period of THREE(3) YEARS; (4) The Court assessed a fine of $\$750.00$ ; (5) While on community supervision, Defendant violated the terms and conditions of community supervision as set out in the State's ORIGINAL Motion to Adjudicate Guilt as follows:

*47

DATE SIGNED

CLERK: L.R.

MAA 17204

COURT ORDERED FINGERPRINTING OF DEFENDANT'S RIGHT THUMB DONE IN OPEN COURT (ART.38.33 TCCP)

*48 STATE OF TEXAS $COUNTYOFGREGG$

BEFORE ME, the undersigned magistrate of the State of Texas, on this day personally appeared , , , in custody of , , , a peace officer, and said person was given the following warnings and rights by me:

(1) You are charged with the offense of An affidavit charging you with this offense (has / has not) been filed in this Court.

(2) You have a right to hire a lawyer and have him/her present prior to and during any interview and questioning by peace officers or attorneys representing the State. If you are too poor to afford a lawyer, you have the right to request the appointment of a lawyer to be present prior to and during any such interview and questioning. You may have reasonable time and opportunity to consult your lawyer if you desire.

• If you think you are too poor to hire a lawyer and you are in jail, then Pre-Trial Services will come see you in jail and help you fill out an application for a court appointed lawyer.

• If you think you are too poor to hire a lawyer and you later make bond, then you must go see Pre-Trial Services located at 103 W. Whaley Street, Longview, Texas 75601, (903) 236-8422, to fill out an application for a court appointed lawyer.

(3) You have the right to remain silent.

(4) You are not required to make a statement at all, and any statement you make may be used in evidence against you at your trial.

(5) You have a right to stop any interview or questioning at any time.

(6) You have the right to have an examining trial. Filed for Oct. 22, 2012.

*Your bail is set at $? 25.00.

*Bail not determined.

*Bail is denied.

(7) Do you request the appointment of counsel?

THE ABOVE WARNINGS AND RIGHTS HAVE BEEN READ TO ME AND IT FULLY UNDERSTAND MY RIGHTS.

STATE OF MÄRNING:

STATE:

REMARKS:

STANDERSTAND MY RIGHTS.

STATE: 1 ADDRESS: 10-15-2012

10/30/2006 Traumatic ReTreeside Amnesia

Tink

WITNESS NAME:

10/30/2006 Traumatic RETreeside Amnesia

*49 | The State of Texas | § | In The 188TH District | |----------------|---------|---------| | V. | § | Court | | | § | GREGG Country, Texas | | | § | |

JUDGMENT OF CONVICTION BY JURY

| Judge Presiding: | Hon. DAVID BRABHAM | Date Judgment Entered: | 2/28/2013 | |------------------|---------------------|---------------------|--------------------------| | Attorney for State: | TANYA REED | Attorney for Defendant: | TIM CONE | | Offense for which Defendant Convicted: | CT. I-ASSAULT FAMILY VIOLENCE WITH PRIOR CONVICTION | CT. II-AGGRAVATED ASSAULT WITH A DEADLY WEAPON | | | Charging Instrument: | Statute for Offense: | 22.01 (b)(2)(A) Penal Code | | | INDICTMENT | 22.02 (a)(2) Penal Code | | | | Date of Offense: 10/15/2012 | | | | | Degree of Offense: 3^{RD} DEGREE CT I 2^{ND} DEGREE CT II | | | | | | Verdict of Jury: | | | | | | GUILTY | | | | | | Plea to 1st Enhancement Paragraph: | NOT TRUE | Plea to 2^{nd} Enhancement/Habitual Paragraph: | NOT TRUE | | Findings on 1st Enhancement Paragraph: | TRUE | Findings on 2^{nd} Enhancement/Habitual Paragraph: | TRUE | | Punished Assessed by: | Date Sentence Imposed: | Date Sentence to Commence: | | | JURY | 2/28/2013 | 2/28/2013 | |

Punishment and Place of Confinement: 60 YEARS INSTITUTIONAL DIVISION, TDCJ

THIS SENTENCE SHALL RUN CONCURRENTLY.

| | SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A | |----------|---------------------| | Fine: | Court Costs: | Restitution: | Restitution Payable to: | | $10,000.00|$ 324.00 | $N/A|$ \square$ VICTIM (see below) | | ATTY: $5100.00 | | | | | | Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRIM. PROC. chapter 62. The age of the victim at the time of the offense was N/A | | Time | If Defendant is to serve sentence in TDCJ, enter incarceration periods in chronological order, From 10/16/2012 to 2/28/2013 | From to | From to | | Credited: | From to | From to | From to | | | If Defendant is to serve sentence in county jail or is given credit toward fine and costs; enter days credited below, N/A DAYS NOTES: N/A | | |

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by reference.

This cause was called for trial in Gregg County, Texas. The State appeared by her District Attorney.

Counsel/Waiver of Counsel (select one)

Defendant appeared in person with Counsel.

Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

*50

MAGISTRATE'S EMERGENCY PROTECTIVE ORDER

On the 16th day of October, 2012 there came the request of NIKKI WILLIAMS Applicant who is the victim, $◻$ the victim's guardian; $⊠$ a peace officer; or $◻$ the State's attorney.

Applicant is seeking [OPTIONAL: The court, on its own motion, has determined that the statutory requirements have been satisfied to invoke the court's authority under Article 17.292, Texas Code of Criminal Procedure to issue] a Magistrate's Emergency Protective Order against MICHAEL DEAN PERRY, Defendant, based on the findings set forth below.

FINDINGS

The court finds that, on October 15, 2012 MICHAEL DEAN PERRY Defendant was arrested by N. Williams duly authorized Longview Police Department for the offense of family violence as defined in Section 71.004, Texas Family Code; involving serious bodily injury; AND/OR involving use or exhibition of a deadly weapon; AND/OR an act in furtherance of stalking, an offense under Section 42.072; Texas Penal Code. [OPTIONAL: The court further finds that, Defendant, is licensed to carry a concealed handgun, such license being issued by the State of Texas; and]

The court further finds that application was properly made and [OPTIONAL: The court, on its own motion, finds] there is good cause to issue a Magistrate's Emergency Protective Order. [OPTIONAL ADDITIONAL FINDING: The court finds that (Applicant has requested confidentiality of addresses) or (confidentiality of addresses is necessary) for the protection of the persons named herein].

THEREFORE, it is the JUDGMENT of this court that NIKKI WILLIAMS, Applicant shall have Judgment against MICHAEL DEAN PERRY, Defendant, according to the terms of the court's Order set out below.

WARNING

"A VIOLATION OF THIS ORDER BY COMMISSION OF AN ACT PROHIBITED BY THE ORDER MAY BE PUNISHABLE BY A FINE OF AS MUCH AS $\$4,000.00$ OR BY CONFINEMENT IN JAIL FOR AS LONG AS ONE YEAR OR BY BOTH. AN ACT THAT RESULTS IN FAMILY VIOLENCE OR A STALKING OFFENSE MAY BE PROSECUTED AS A SEPARATE MISDEMEANOR OR FELONY OFFENSE. IF THE ACT IS PROSECUTED AS A SEPARATE FELONY OFFENSE, IT IS PUNISHABLE BY CONFINEMENT IN PRISON FOR AT LEAST TWO YEARS. THE POSSESSION OF A FIREARM BY A PERSON OTHER THAN A PEACE OFFICER, AS DEFINED BY SECTION 1.07, PENAL CODE, ACTIVELY ENGAGED IN EMPLOYMENT AS A SWORN, FULL-TIME PAID EMPLOYEE OF A STATE AGENCY OR POLITICAL SUBDIVISION, WHO IS SUBJECT TO THIS ORDER MAY BE PROSECUTED AS A SEPARATE OFFENSE PUNISHABLE BY CONFINEMENT OR IMPRISONMENT. "NO PERSON, INCLUDING A PERSON WHO IS PROTECTED BY THIS ORDER, MAY GIVE PERMISSION TO ANYONE TO IGNORE OR VIOLATE ANY PROVISION OF THIS ORDER. DURING THE TIME IN WHICH THIS ORDER IS VALID, EVERY PROVISION OF THIS ORDER IS IN FULL FORCE AND EFFECT UNLESS A COURT CHANGES THE ORDER"

It is a Misdemeanor offense to violate a protective order by communicating with the person protected by this order, or by going near the residence or place of employment of the person protected. It is our decisions have respected the private realm of family life which the state councT ente

Since Us, Massachusetts, 721 U.S. 158,166 (1944) an opinion of the United States supreme counT

*51

a FELONY punishable by a possible prison sentence to violate this order by threatening bodily harm, causing bodily harm, or by stalking the person protected by this order.

ORDER OF THE COURT

It is the ORDER of this court, pursuant to Article 17.292, Texas Code of Criminal Procedure, that MICHAEL DEAN PERRY, Defendant, shall be prohibited from (check all that apply): $◻$ committing family violence as defined in Section 71.004, Texas Family Code, against those persons listed above or an assault on the person seeking protection; AND/OR $◻$ committing an act in furtherance of stalking, an offense under Section 42.072, Texas Penal Code, against those persons listed above; AND/OR $◻$ communicating - $◻$ directly with a member of the family or household, or with the person seeking protection, in a threatening or harassing manner; AND/OR $◻$ a threat through any person to a member of the family or household, or to the person seeking protection; AND/OR $◻$ going to or within 200 yards of - (For the next two items, give specific addresses in the spaces provided, unless confidentiality of addresses is ordered) the residence, place of employment, or business of a member of the family or household, or the person seeking protection 5 W Broadway Court, Longview, Texas and/or any other residence. $◻$ the residence, child care facility, or school where a child protected under the ORDER resides or attends CONFIDENTIALITY OF ADDRESSES IS ORDERED, USE THE FOLLOWING: "Any residence of (name/s of victim/s) in County, Texas" AND/OR "Any place of employment/business of (name/s of victim/s) in, Texas"; AND/OR "Any child care facility/school of (name/s of child/children) in County, Texas"

IT IS FURTHER ORDERED that, the Defendant be served as copy of this ORDER in open court at the conclusion of this hearing, and that said ORDER SMALL BE IN FULL FORCE AND TAKE EFFECT when served upon Defendant for a period of sixty-one (61) days from the date of this Order shown below when served upon Defendant; and [OPTIONAL: IT IS FURTHER ORDERED that Defendant's concealed handgun license is hereby SUSPENDED and, upon demand by the Texas Department of Public Safety, Defendant shall surrender the license to the Department; and the suspension shall be effective for the duration of this Order.]

IT IS FURTHER ORDERED that copies of this ORDER shall be sent immediately to the following persons or organizations (check all that apply): $◻$ Chief of Police of Longview $◻$ Sheriff of Gregg County $◻$ Constable of Gregg County Precinct #2 $◻$ Victim Alanna McKinney $◻$ School $◻$ Day Care Facility

*52

This MAGISTRATE'S EMERGENCY PROTECTIVE ORDER is signed and entered on the 17th day of October, 2012, in the above-named and numbered cause.

DEFENDANT'S ACKNOWLEDGEMENT OF SERVICE OF EMERGENCY PROTECTIVE ORDER

132-EPO-12

I, MICHAEL DEAN PERRY, Defendant, hereby acknowledge that on the date written below, I received a copy of the Magistrate's Emergency Protective Order issued in Docket No. 132-EPO-12, which was read to me in the open court at the time I appeared for a Magistrate's hearing.

OFFICER'S RETURN

CAME TO HAND on the 17th day of October, 2012 at $$ during the Magistrate's hearing; and

EXECUTED on the 17th day of October, 2012at $$ during the Magistrate's hearing in Gregg County, Texas by personal delivery to, MICHAEL DEAN PERRY, Defendant.

*53

CAUSE NO. 42,139-A

THE STATE OF TEXAS

VSS

MICHAEL DEAN PERRY

IN THE 188 ${}^{\text{th}}$ DISTRICT COURT

IN AND FOR GREGG COUNTY, TEXAS

MOTION TO SUPRESS EVIDENCE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, Defendant in the above styled and numbered cause and files for his/her Motion to Suppress any evidence confiscated by a law enforcement officer and in support thereof would show the Court as follows:

Testimony of law enforcement officers, their agents, and all other persons working in connection with such officers and agents as to the finding of any seized evidence.

III.

In support of the Motion the Defendant would show the Court that the matters seized were the result of an illegal search of the Defendant, in violation of the Defendant's constitutional rights under the Fourth and Fourteenth Amendments to the United States Constitution, Art. I, Section 9 of the Texas Constitution, and Art. 38.23 C.C.P. Juvy in strecition threundatory, WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court will conduct a hearing on this motion, and after said hearing, that this Honorable Court will order

Never disclosed the Search of Vny Home or taking the unneceous knife from Home on Oct. 16, 2012!

*54

any and all evidence taken from the Defendant by law enforcement officers suppressed for the aforementioned reasons and for such other and further reasons which may develop during said hearing and the subsequent to said hearing this Honorable Court order all matters seized from the Defendant suppressed at trial.

Respectfully submitted,

Tim Cone P.O. Box 413

Gilmer, Texas 75644 903-725-6270 and 903-725-5494 (Fax) State Bar #04660350

ATTORNEY FOR DEFENDANT

CERTIFICATE OF SERVICE

As Attorney of Record for Defendant, I do hereby Certify that a true and correct Copy of the above and Foregoing document was this date provided to the Attorney for the State.

Date: $2/21/18$

Tim Cone, Attorney P.O. Box 413

Gilmer, Texas 75644 903-725-6270 and 903-725-5494 (Fax) State Bar # 0466030

*55

*56

124 ${}^{\text{TH}}$ DISTRICT COURT and 188 ${}^{\text{TH}}$ DISTRICT COURT STANDING PRE-TRIAL ORDER FLLONY CRIMINAL CASES

Pre-Trial Disclosure:

As soon as practicable after the appointment or retention of counsel, the State shall provide defense counsel with:

1. A copy of all contessions, admissions, and statements in writing signed by the Defendant or set down and preserved in connection with the offense for which the Defendant is charged, including audio and/or videotaped statements.
2. A copy of all affidavys for the issuance of all search and/or arrest warrants for the Defendant or which resulted in the charges to the Defendant or evidence to be used against the Defendant or probable cause affidavits if the arrest was without a warrant.
3. Statements of any other co-defendants or parties to the offense.
4. Any agreement between the State and a co-defendant, acceptance or informant, whether written or oral. The criminal record of and pending charges against the alleged victim and any prosecution civilian witnesses and any agreement between the State and such witnesses. All exculpatory statements made by any party or witness to this alleged offense which is in the possession of or within the knowledge of the prosecuting attorney or any of its agents, including any law enforcement agency, whether such statements were written or oral, which might in any manner be material to either the guilt or innocence of the Defendant, or the punishment, if any to be set in this case.

Bectrial and Trial Disclosure:

At least five (5) days prior to the trial setting, the State shall produce the following documents and information of make available for inspection to counsel:

1. All statements given by third parties which resulted in the issuance of arrest or search warrants, or which resulted in charges being brought against the Defendant including those used before the Grand Jury to obtain an indictment.
2. All written warnings, admonitions, rights or waivers given by the State to the Defendant before the Defendant gave any oral statements, admissions, confessions or testimony.
3. All statements made by any suspect, expert, party, or witness to this alleged offense that may tend to exculpate the Defendant, or mitigate punishment.

*57

1. All physical evidence seized from the Defendant by the State, or seized from or provided by witnesses, accomplices, or parties to the State.
2. The prior criminal record of all witnesses whom the State intends to call as witnesses during the trial of this cause against the Defendant, including all arrests and conviction.
3. All documents, objects and tangible things which are in the custody and control of the State or any of the State's agents as a result of the investigation which resulted in charges being brought and which are material evidence in this case as to the Defendant's guilty or innocence of as to punishment, if any.
4. All physical evidence'seized by the State in connection with this case. All photographs, videotapes, and audiotapes that depict or purport to depict the Defendant in any interview with representatives of any law enforcement agencies of the District Attorney's Office, or any other agent of the state of Texas or the United States.
5. All photographs, videotapes, and audiotapes of the alleged crime, or incidents surrounding the alleged crime(s) that depict or purport to depict the Defendant.
6. All medical records/EMT records, nurse's notes, doctor's orders, or any other documents which reflect medical care given to the alleged victim(s) as a result of the alleged offense in the State's possession.
7. A)list of the names and addresses of all witnesses the State-intends to call at any stage of the trial (including anticipated rebuttal witnesses).
8. All physical evidence, including demonstrative evidence, the State expects to use at trial.
9. The results and reports of all scientific tests, experiments, comparisons, or procedures the State expects to use at trial.
10. The results of any physical or mental examinations of the Defendant and the prosecution witnesses.

The Defendant shall be required to submit to a fingerprint procedure that is suitable for comparison by an expert to be completed the day prior to the trial of the case or on the day of the trial whichever is requested by the State.

The State and Defense shall be required to provide the name and address of each expert witness that either side intends to use at trial at least 20 days before the day of trial pursuant to Article 39.14CCP and Rules 702, 703 and 705 of the Texas Rules of Evidence.

Pre-Trial Motions and Settings:

1. No Pre-Trial Motions covering the above listed orders need be filed by the Defense or the State.

*58

1. Any Pre-Frial Motions not covered by the listed orders such as a Motion to Suppress must be filed on or before the ${14}^{\text{th}}$ day following the Defendant's arraignment unless special permission from the Court has been given. Without special permission and after such time has elapsed without the filing of the Motion, the Motion will be waived or denied.
2. All hearings on the Pre-Trial Motions not covered by these orders must be heard prior to the day of trial at the convenience of the Court or be carried with trial at the discretion of the Court.

Trial Disclosures:

In the-interest of avolding unnecessary delay, and to avoid the necessity of asking for an extended recess to review witness statements and writings used to refresh recollection, the State shall produce by $3:30p.m$ . on the day before a witness is scheduled to testify;

Any statement of the witness, as that term is defined by Texas Rules of Criminal Evidence Rule 615, whether in final or rough draft. 2. Any writings used to refresh the recollection of the witness.

All law enforcement offense, investigation, and accident reports.

Nothing herein shall preclude the State or the Defendant from seeking modified or additional discovery or to change the time limited for productions.

In Limine Orders:
No: Prevul Family Violence Conviction
by Genousvative Existence.

The prosecutor and defense attorney shall be bound by the following Limine Orders and each shall instruct all their witnesses to refrain from mentioning the following or asking questions on the following in the presence of the jury until the Court has determined its admissibility outside the presence of the jury, the basis of which that the probative value of any mention of the following is substantially outweighed by the danger of unfair prejudice to the Defendant, pursuant to Rule 403 Texas Rules of Criminal Evidence:

1. A personal opinion as to the guilt of the Defendant or the appropriate punishment upon conviction.
2. That the State has no right to appeal an acquittal in a criminal case.
3. That any person has been offered or taken a polygraph examination.
4. That the prosecutor represents the complainant, the members of the jury panel and/or the public.
5. That the defendant has conferred with defense counsel concerning the case.
6. That it is the duty of the prosecutor to seek a conviction of the Defendant (Article 2.01, Texas Code of Criminal Procedure); or that the prosecutor has been trained and skilled in the area seeking convictions; or that the prosecutor's continued employment and/or compensation as an assistant district attorney with the Gregg County District Attorney's Office rests upon obtaining a conviction in this case.

*59

1. Refer to the prosecuting authority or the prosecutor as the "Government" or "Government's attorney." Pursuant to Article 3.02 of the Code of Criminal Procedure, a criminal action is prosecuted in the name of the State of Texas against the accused, and is conducted by some person acting under the authority granted by law. Accordingly, the prosecuting authority should be referred to as the "State of Texas" and the attorney for the State of Texas, as the District Attorney or an "Assistant District Attorney."
2. The Defendant took, or offered to take, a polygraph examination concerning his alleged involvement in the offense charged in the indictment herein.
3. The punishment assessed by jury or court in any co-defendant's case.
4. The terms of any plea bargaining in this case, or any co-defendant's case.
5. The Defendant was offered immunity for his testimony.
6. Any of Defendant's co-defendants: a. were found not guilty by a jury; b. had charges against them in this matter dismissed; c. were offered immunity for their testimony; d. are willing to take the polygraph; or e. were given a probated sentence.

The general character or reputation of the victim or the Defendant. Any witnesses have any arrests, convictions, or juvenile records. Any act of misconduct on the part of the Defendant or any witness, including the alleged victim in this case, not amounting to a final conviction for a felony or misdemeanor involving moral turpitude. Any evidence concerning the reputation for truth and veracity of a witness. Any evidence concerning the reputation of any witness being peaceable and law abiding. Evidence of previous sexual conduct of the complainant (Rule 412, Texas Rules of Criminal Evidence). There is a pending indictment against one of the State's witnesses. (Article 38.29, C.C.P.). The Defendant has been in jail since the day of the offense; or, conditions of incarceration in county jail prior to trial; or any past, present or future conditions of incarceration in the Institutional Division of the Texas Department of Criminal Justice in the event of conviction and sentence to same, including but not limited to: a. potential sexual abuse of defendant; or, b. potential inmate violence toward defendant. There was prior mistrial in this case. The effect, if any, of any changes if the Penal Code, Code of Criminal Procedure, or any other law, on this particular offense. Any self-serving statements made by the Defendant or co-defendants in writing or orally to any person concerning the allegations in this case.

*60

1. That there was a civil matter or is a civil matter and any conclusions resulting from that civil matter or any inferences thereof, arising out of this case.
2. The consequences, if any of a conviction in this case on the Defendant or any member of the Defendant's family regarding citizenship, deportation, the exclusion from admission to this county, or the denial of naturalization under federal law.

Adopted as a Local Rule by the ${124}^{\text{th}}$ District Court Judge, Alfonso Charles and ${188}^{\text{th}}$ District Court Judge, David Brabham, on this 25th day of February, 2011.

Judge Alfonso Charles ${124}^{\text{th}}$ District Judge

Judge David Brabham ${188}^{\text{th}}$ District Judge

*61 Dear Mr. Perry: I have received your most recent letter yesterday, March 27, 2013. I enclose copies of documents I have filed to begin the appeal process, including a Motion for New Trial. The hearing on the Motion for New Trial has been set for Monday, April 29, 2013, at 2:00 PM. I will notify the DA and the Court in a few weeks to get the bench warrant out for you to attend the hearing.

I have not had time to get a copy of the Motion for New Trial that you say you have filed. Your hearing is a month away. You state in your letter that the name of a potential witness was never disclosed to you. Do you have a name, address, and telephone number of that person? What would he/she have testified to if they had been available for trial? For there to be a Brady violation, there must be (1) admissible evidence (2) withheld by the State (3) that was "material" to the case that is, there was a reasonable probability that, had the evidence been disclosed, the outcome of the trial would have been different, (4) that neither you nor your counsel could have gotten using diligence, and (5) that the evidence was "favorable to the accused."

You raise many items about Mr. Cone, about what he did or did not do. It looks to me like those are the kinds of points best left to a post-conviction habeas. The appellate courts, particularly on direct appeal, are reluctant to second-guess the trial counsel's strategy in making decisions to do this or not do that. I have recently completed the trial part of a habeas for another inmate, and it took almost a year to gather up all of the information and put together a strong case for ineffectiveness and file the application. Even then, the trial court here denied relief, and now it's all been forwarded to Austin for review by the CCA. I realistically do not believe that 4 weeks is sufficient time to gather information, talk to witnesses, evaluate documents, and then decide, after all that,

*62 whether to not to make an issue of this. You may disagree with me on this, but that is my honest, professional, judgment on the issue. It's a matter of time, and scope (extent) of the evidence, and then corroborating the evidence, and then deciding whether or not to pursue it. Besides those issues, you need to be cautious about raising that issue on direct appeal, get denied on direct appeal, and then be denied relief on habeas (on that issue) because it would already have been presented for review. As you may or may not know, the standards found in Strickland operate in the assessment of counsel's efforts. Attached is a brief "memo" I put together recently on the question.

In any event, get back with me on the "missing witness" situation.

*63

LEW DUNN
ATTORNEY AT LAW
P.O. BOX 2226
LONGVIEW, TEXAS 75606-2226
TELEPHONE 903-757-6711
FAX 903-757-6712

March 25, 2013 Ms. Grelynn Freeman Court Reporter, ${188}^{\text{th}}$ District Court Gregg County Courthouse 100 E. Methvin Longview, TX 75601 RE: Cause No. 42,139-A The State of Texas vs. Michael Dean Perry 188th Judicial District Court Dear Ms. Freeman: I have been appointed to represent the above Appellant in his appeal from a jury trial that ended with sentencing on February 28, 2013. This was a jury trial on both guilt/innocence and punishment. I need a complete Statement of Facts in the abovereferenced case, including any and all pre-trial hearings, including any hearing on the suppression of any evidence and/or other pre-trial motions heard by the trial court, any admonishments by the Court, voir dire, the jury trial on the plea of "not guilty" and the jury trial on punishment, all opening and closing statements of counsel, any and all other hearings, including side-bar conferences, any post-conviction hearings, including any status hearings, hearing on motion for new trial, all evidence, objections by counsel, and rulings by the trial court, and arguments of counsel, and any and all exhibits. If there are any other post-trial hearings, I am requesting a record on those also.

CC: Mrs. Barbara Duncan, District Clerk Ms. Zan Colson Brown, Assistant Criminal District Attorney Mr. Michael Dean Perry

*64

LEW DUNN
ATTORNEY AT LAW
P.O. BOX 2226
LONGVIEW, TEXAS 75606-2226
TELEPHONE 903-757-6711
FAX 903-757-6712

March 28, 2013

Mr. Michael Dean Perry #1838827 Byrd Unit, 21 FM 247 Huntsville, TX 77320 RE: Cause # 42,139-A State of Texas vs. Michael Dean Perry On Appeal from the 188th Judicial District Court Dear Mr. Perry: I have received your most recent letter yesterday, March 27, 2013. I enclose copies of documents I have filed to begin the appeal process, including a Motion for New Trial. The hearing on the Motion for New Trial has been set for Monday, April 29, 2013, at 2:00 PM. I will notify the DA and the Court in a few weeks to get the bench warrant out for you to attend the hearing.

I have not had time to get a copy of the Motion for New Trial that you say you have filed. Your hearing is a month away. (You state in your letter that the name of a potential witness was never disclosed to you) Do you have a name, address, and telephone number of that person?) What would he/she have testified to if they had been available for trial? For there to be a Brady violation, there must be (1) admissible evidence (2) withheld by the State (3) that was "material" to the case that is, there was a reasonable probability that, had the evidence been disclosed, the outcome of the trial would have been different, (4) that neither you nor your counsel could have gotten using diligence, and (5) that the evidence was "favorable to the accused."

You raise many items about Mr. Cone, about what he did or did not do. It looks to me like those are the kinds of points best left to a post-conviction habeas. The appellate courts, particularly on direct appeal, are reluctant to second-guess the trial counsel's strategy in making decisions to do this or not do that. I have recently completed the trial part of a habeas for another inmate, and it took almost a year to gather up all of the information and put together a strong case for ineffectiveness and file the application. Even then, the trial court here denied relief, and now it's all been forwarded to Austin for review by the CCA. I realistically do not believe that 4 weeks is sufficient time to gather information, talk to witnesses, evaluate documents, and then decide, after all that,

*65 whether to not to make an issue of this. You may disagree with me on this, but that is my honest, professional, judgment on the issue. It's a matter of time, and scope (extent) of the evidence, and then corroborating the evidence, and then deciding whether or not to pursue it. Besides those issues, you need to be cautious about raising that issue on direct appeal, get denied on direct appeal, and then be denied relief on habeas (on that issue) because it would already have been presented for review. As you may or may not know, the standards found in Strickland operate in the assessment of counsel's efforts. Attached is a brief "memo" I put together recently on the question.

In any event, get back with me on the "missing witness" situation.

Attorney at Law Texas State Bar #06244600