Case Information
*1 To: Texas Court of Criminal Appeals Capital Station Abel Acosta-Clerk P.O. Bx 12308
Austin, TX 78711
In Re: Gabriel Cardona dwk 1444672 Texas Dpt. Criminal Justice James V. Alfred Wait 2101 FM 364 N Iowa Park, TX 76367
Dear Mr. Abel Acosta / Clerk,
Am forwarding "Affidavit in Support of Delay" on behalf of TOCL inmate Gabriel Cardona (TNK# 1444672). Mr. Cardona believes that he is experiencing delays, missteps, and obstacles to his seeking judicial relief that are not due to negligence or ignorance on his behalf and approached me and asked if I would forward this motion in hopes it will arrive safely and in its entirety (no missing pages) as some of his mailings have gone missing in part or entirely.
Thank you
Sincerely Mafon
RECEIVED IN COURT OF CRIMINAL APPEALS JUN 222015
Abel Acosta, Clerk
*2 Mr. Abel Aosta-Cle of the Court of Criminal Appests RE:REAWEST; FLE RAPER
Mr. A. A. O. .
Enclosed please find a request I filed on 06.15.15, don't know if you received it! I would like filed with the justices (if not received previously) I strongly believe the Webb County District Attorney and be District-clark are abusing my (1.6) rights. Tempering with my filings.
I was denied notarization but am waiting on certification of the proof of my filings. The mail room has been unreasonable delaying the certifying process. As soon as it's done I'll mail the proof.
Hurtiine and effort is greatly appreciated. NOTE: This vehicle, in the envelopes face, is because in ensuring there filings go through the mail room, I believe the mail room is also purposefully interfering with my Mailings. NOTE: I received 3 (three) notices of the writs being received.
W. - received notice received, notice - received notice I filed 4 (four) writs. Did not receive I believe ? Respectfully, Gabriel (Berdana All Red Unit 3101 F.M.369 W. AACCA PARK.TK 16367
*3 Ex Darte Craguel Dardova
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Affidavit 1. Gabriel Cardona, 4.13.86, being presently incarcerated in the All Red Unit under TOC. HUHU72, and being competent state as follows:
I am the applicant in the above entitled causes and do hereby state that an Ob.15.15, I filed a Reelest for stay of application (endosed) for wits no: 83,424-01, 83,424-02, 83,424-03, and 1 must assume 83,424-04. I filed 4 wits. I requested stay because documents, which are material are missing. I possess receipts, evidence that I duly filed said missing documents.
I am in an attempt to produce such evidence through certified mail, but the All Red Unit Wallborn has been unreasonable in its delay in processing the certified receipts. I sent a request on the 15 th and 17 th of this month of June. Have not received an answer. I have filed a Grievance Complaint. As soon as they are certified I will produce such proof of my filings.
As of this 18th day of June I have received D (ceo) answers or response from Webb County. Order or any matters pertaining to my writs. I mail this through this vehicle to ensure delivery.
Further affronts sayeth not.
True and Correct under-poralty of perjury.
Respectfully submitted Gabriel Cardona *1444672 All Red Unit
2197 F.M.369 W. John Park. TX 76367
*4
Court of Criminal Appeals No. wR-85,424 of .02 .03 [04] In the Texas Court of Criminal Appeals
RECIUEST FOR STAY ON ADJUGICATION OF WRIT OF HABEAS CORPUS; MISSING DOCUMENTS
Comes now Gabriel Cardona, applicant probe in the above entitled and numbered causes, and files this request to the Court of Criminal Appeals for stay in adjudication of writ of Habeas Corpus, and respectfully show the following:
1. "One writ Rule"
The applicant is aware of the one writ rule and believes that this rule is being indebted by the District Attorneys office and of the District Clerk for Webb Cairns, Laredo Tevas. Thus, the Honorable be Lopez or judge presiding, in all writs filed probe as behalf of the applicant, cannot make a proper determination, assess the facts, hence, adjudicate on the writs. Consequently, the applicant will be prejudiced in his ability to pursue habeas relief. There are missing documents.
11. Missing Documents
- The Applicant duly filed a Memorandum of Law for each writ Applicotion. The Applicant filed a redueled confession for cause no: 2005 Cen ( 530 DIM), in support of his point of argument. The Applicant filed witnesses' statements for cause nos: 2005 Cen ( 552 DIM), 2006 Cen 441 DIM). The Applicant filed newly discovered evidence or newly available evidence, testing from Janet Pineda and Christia Lorano for cause no: 2005 Cen 441 DIM), in support of Brand 2 and Grand 10, Actual Insurance claim. Applicant filed excerpts of Decket, Judgment, and Plea Agreement in support of his claim re: Federal Sentence. Applicant filed a general request for Due Credibility of claims wherein he explains his delay and reasons for such delay. Applicant provided Exhibits for such delay. The Applicant also provided the States Exhibit landz for cause nos: 2005 Cen ( 530 DIM and 2006 Cen 441 DIM and explained how the wording on item 13 is erroneous, then Canuel Almaras arrested the agreement as it pertains to the court and misled the item 15 wording. Proof that Canseel did not explain anything re: agreement, to app licont as that plan was entered then and there.
The above was filed under a single package with 5 sealed envelopes. They were addressed to the District Clerk Esther Degollado under Cert.mail Certfied no: 70141820000120489285 with total weight of 3 lbs 5.70 oz. Delivery date being:04/50/15. The 30 th day of April 2015. 12. The Applicant filed a separate letter which contained Applicant's Affidavit of Facts: Applicant explained his relationship with both Coursels, David Almaras and Fausto Sosa. Applicant's decision to plead guilty, his understanding of the cases and proceedings. Said Affidavit of Facts was of 12 pages. The Applicant also sent a 2 page
*5
explanation to the Clerk of such filings, Overall, and requested the Clerk to notify the Applicant of delivery and if any documents missing, Neither did the Clerk.
The abuse was filed under a single package with address of Justice Center District Clerks office. It was mailed via certified mail, total weight of 2.70 oz. Delivery date being 05.04.15, that is the 5 th day of May, 2015. Rehum receipt requested was signed, stamped, and received by the Applicant. Certi no far this package is 7014152000012044 S293.
III. Reasons
- Applicant makes this request because he received a letter from his brother Luis Cardona, who called the Honorables secretary and was notified that only the Writ pages (presumably) 75 pages' were received. The applicants brother inquired about the second letter, certified, and was notified that it was not received.
- The Applicant makes this request because he believes the adjudication of such writs is against his interests i.e. denied, and believes that if such is the case i.e.denial it is because of the missing documents. Which when construed liberally, or as the applicant styled his petitions, in the cumulative error concept, establishes he did not make an knowing, voluntary and intelligent admission of guilt.
IV. Prace of delivery
The Applicant has the receipts from the Post office and certified receipts, including Rehum Receipt requested forms as proof that he mailed the abuse stated and missing documents. The Applicant will make them available as soon as the notarization takes place. It will be mailed via certified mail. Possibly the 18 th - 19 th of this month of June.
V. Conclusions
WHEREFORE, PREMISES CONSIDERED, the applicant prays this court of Criminal Appeals to stay in adjudication of the writs, on behalf of the Applicant, pending verification of proof, so that Applicant will not be prejudiced, i.e. praecularly dyffailed, if he successively files another hurt, and not be cited with Abuse of wort. That is, if the adjudication is against applicants interests ie.denied. And to further relief to which he may be entitled.
Respectfully submitted: 6.15 .15 (original submixted) Gabriel Cardona HUH167? All Red Unit 201 F.M. 369 N. Joyepack TX 76367
*6 The following is a true and accurate translation of the Applionts brotars letter re: Three Call to the "judge's secretary": "... About the certified packages that you told mom they did receive it but only 73 pages that you sent. The certified letter they did not received it. The package was received on the 5 th day of May at 3 p.m. And the pudges secretary told me that the b.A already responded and that the Gart has a month to make a derision. That f within a month, that is the sth day of June, they, dint decide then they will submit it to the Supreme Gart Court of Criminal Appenle]. That is all I was told"... received 10.12 .15 (Originalsubmission) True, accurate, under penalty of perjury. Submitted 6.15 .15 Translated by me: Habrief Cardina * KHW1672 All Red Unit 2161 F.1M. 369 N. Ioffe Park IX 76367
