Case Information

*1

32,505-04

21 December 2015

THE COURT OF CERUMAL APPAALS OF TERMS RECEIVED IN ADEA ACOSDA, CLUCK P.O. 20412308

CAPITOL STATION AUSTIN, TERMS 76711-2308 DEC 282015 A.C. WR-32,505-04 EXPANTE STEPHOL 5, DANS; TRIAL CY. NO. 23,477-A; PLUSG-07; "OBSERVED IN THE STAFF'S PHILOSIS OF FROIS AND CONCLUSION OF LAW HIMM STAFF'S ORIGINAL ANIMALS"

Dane He. Acosta: Grocenus. As I am the Adoic-Marinator Aracumí, Red Sea, I VENY, PROSPETALLY, BROUVEY THAT YOU FILE THE UNCLOSIS, SAID DOCUMENT WITH THE HOROAGLE COURT AND BROUVEY THAT YOU REVIVED TO ME AT THE BROOM- LISTED ADORES, THE CLERKS "NOTICE OF FILING".

PLANE NOTRE THAT AN EMMEY, HAND-WEITED COAL CF THIS SAME MISMUNITY IS PLAN WITH THE PACK COURT, DISSENT LLENTS, OFTHE IN THE HIIM SUSICIM, DISSENT COURT OF THE COURT, TERMS.

AHNNE YOU AND HAVE A SHEE AND MERKE CHRISTMAS.

VENY Simcושy, Stephen M. Davis

STEPHOL 15. DANS Y 1976027 STRENDBALON UNIT, TDESTIN 1200 PM 1655 ROSHARON, TERMS 77853

CC: PACK COURT DISSENT CLUCK EDEER 155. RICHARDS PACK COURT JUDICIAL BLDS. IOI W. MILLST., SUITE ZIL LIVINGSTON, TERMS 77351

*2 LAUSE NO. 23,477-A

To the Handerable Subse of the Hllm Subical District Cover:

Noul comes, Sttphial E. Davis, Applcomit, Peo se, in the Above-styld And Nurtient Case of Post-Conviction Harers COREUS, Puresuant to Article 11.07 of the Texas CODe of Criminal Pecuabure, And files this, His desection to state's finibitio of parts and conclusion of LAW WHO state's original ANsMEN, UNIER 33.1 of the Rules of Appralate Pecuabure.

In SUPPoer of this MOCtical, Applcomit will show this COUret the followinl:

$$\&\text{I.}\backslash \&\text{Pecuabueral History}$$

DUSUNUE 11,2015, Applicmf Filed His Post-Conviction Applicatual For wirt of Harers COREUS Puresuant to Article 11.07 of the Texas code of criminal Pecuabure. Applcomf. A Mewmal Month and Retrebsation "intellectual Disabilit" Patient for over five years was created in a one count inbicment with Pecsential of a comreale sustrance of a crem of less. Applicmf was coerced by COUret-Appointed Counsel with aecoptulor a plus- agreement in the Hllm District Cover of Pork County, 18008, in Case No. 23,477 And was Sautouled to TWAVE (12) YOnts Compriment in the Texas Department of Criminal Justice.

*3 APPIicant WAS DANIMS OF HIS FICHT TO APPEL HIS CONVICITON EN CANASA SONN E. WELLS, III, WHO DEVECED HIM HAT DOING SO. ON NOVEMBER 4, 2015, APPIicant FICD HIS FIRST SUPPLEMENT MOR- ORANDUM IN SUPPORT OF HIS HABERS. THE STAME, WHO REGREES A COM FICH THE CLERE, OF THE SUPPLEMENT MORORANDUM, SIDE-SUPPER ADOLESSING-DEGREES 3-7 IN THE STAME'S ORIGINAL ANSWER AND FIRINIES OF FIRTS AND CONICLusion OF LAW. ON DEVEMED 11, 2015, APPIicant FICD A "MORION FOR LEALS TO FICE A WET OF MANDRUUS AND HIS ORIGINAL APPLICATION FOR WET OF MANDRUUS" TO THE CAVE OF ORIGINAL APPERLS REGIVENIUS THE C. O.C.A. TO REGREET THE STAME TO WELUBS APPLICANT'S SUPPLEMENT IN THE HABERS PROGRENDD AND ADDECES THE GREENHIS 3-7 FUT FORTM IN ACCORDANCE WITH RULE 73.1 OF THE RULES OF APPALATE PROCERE.

II.

OBSERCION TO THE STAME'S ORIGINAL ANSWER

APPIicant Remarks THE StME IS CLEMENT EXHIBITING-PRESSIVE EN DANIING HIS DUE-PROCESS OF LAW EN ONLY ADDESSING THE FIRST TWO GREENHIS OF HIS HABERS APPLICATION AND SIDE-SUPPING-HIS ORIGINAL GREENHIS THREE THEU SEVEN FUT FORTM IN HIS FIRST SUPPLEMENT MORORANDUM, WHICH HOLD STRENCE CONSTITUTIONAL MOLT IN SUPPORT OF THE HABERS.

ALTHOUGH, ASS. DISTRICT ATOCHEMIC C. M. ALLEN, HAS PERSONATES THE ISSUE OF DANIAL OF LEFFECTIVE ASSISTENCE OF COUNSET AT TRIAL, AND HAS INCLUDED AN OREN APPLICANT RESPONSING TO NO PARTICULAR QUESTIONS OF FIRCTUAL ISSUES TO E E RESCUSED, ASS. DISTRICT ATOCHEMIC ALLEN HAS OVERLCCDERS AND FIRICD TO ADDEES THE CRFER FIVE GREENHIS OF CONSTITUTIONAL MOLT WHICH APPLICANT HAS FUT FORTM AS WEL.

IN THE STAME'S FIRST ISSUE ON LAHAUCE MEALS AND CANASA WELLS' NOV- OBSERCION DUE TO HIS LARENNGY UNDER A CONFLECT OF MIRRUEST, (GREENHIS 5, P6. 9-11, GREENHIS 6, P6. 12-16, &; GREENHIS 7, P6. 17-22) FIRST SUPPLEMENT MORORANDUM) StME CONTAINS RULE 1009 (b) OF TEXAS RULES OF EXIDENCE IS "INAPPLICABLE TO LAHAUCE MEALS AS IT APPLIES TO IMMORRUENT OF WINNESSES." StME HONDRIER, IS INCORECT. ASS. DISTRICT ATOCHEMIC ALLEN FIRICD TO REALIZE THE FIRTS OF THE CASE CLEMENT. THE 1009 (b) APPLICATION IN THIS CASE STAME'S:

*4 EUSSELCE OF THE CONUCTION IS ABVISSELLE UNDER PEALAL CODIS StATUTE 12.35 CHILT 1515 PEORANUE VALUE, SUPPLIER BY SPECIFIC FACTS AND CIRCUISMICALS, SUBSTANTIALLY OUTWARDS ITS PRESUDICIAL EFFECT - WHICH IT DOES NOT THERE ARE NO SPECIFIC FACTS OR CIRCUISMICALS SUBSTANTIALLY OUTWARSHIJE ITS PRESUDICIAL EFFECT OF CODREING A MEALTALLY - REPRESdD "IMMELLECTUAL ANSABILITY" WITHUGSES WILD ARKENDS-WITH EARHANCERENDS AGAINST HINSELF WHICH CLAMELY SENUS PRESUDICE AND NO EFFECTIVE ASSISTENCE OF COURSE WHATSDOCEES, AS Stated IN APPICAUT'S FIRST SUPPLEMENTAL MORGERSHIPH, SEE: EX FACTE WHITE; 160 S.W. 3d 36,49 (Fax. CELM ARP 2004).

ASSISTANT DISRECT ATTCANAY ALLOM ALSO CLAIMS THAT APPLICANITS COURSE WAS NOT HUFFECTIVE FOR PHILLNIS-TO DRAFT TO THE ENTHANDERMENT ALLEGATIONS, AND THAT THE INDICTNENT WAS PLANED IN THAT H' DIS NOT StATE SPECIFIC NOTICE OF COURSE AGAINST APPLICANT. HS. ALLEM HAS RECOGNIZED THAT THUSSE ERECCIS ARE ACCUERTE. SDE StTte's WHT EXHIBIT C, INDICTMENT. MS. ALLEM THAN EVERLONES THE CONSTRUNGAL ERECCI IN A PLANED INDICTMENT WITHOUT THE PESPER. REMEDY OF CORECTION BY STIMULY." FUERHEE, APPLICANT STENDS AN ADVERSHIPMENT OF GUILY. PLLA AND STIPULANIAL OF EVIDENCE THAT HAS THE EARHANCERENT ALLEGATIONS IN THE CORRECT ORDER". THE StTTE HOWEVER, PRESIDITS NO AUTHELITY FOR SUCH ASSISTICAL, APPLICANT CONFARDS HIS RIGHT TO DUE-PROCESS AND EFFECTIVE ASSISTANCE OF COURSE UNDER ARTICLE I, SECTION 10, AND SECTION 19, OF THE TEEMS CONSTRUNG AND UNDER FIFTH, SIXTH AND POWERENTH ANIMALMANTS TO THE LALTER STANES CONSTRUNG WERE VIOURTED WHEA HIS COURT-APPONTAE COURSE LARGERED UNDER A COURLECT OF INTEREST AND CORECEE HIM INTO A PLANED OF GUILY' WITH EARHANCERENT ALLEGATIONS.

THE ULTRA STANES SUPPLIER COURT HELD IN HISSOWE V. FERE, SUPPLA, NINETH-SERGE PER CENT OF RODERAL CONVICITOUS AND NINETHFOUR PER CENT OF StTTE CONVICTOUSS ARE THE RESULT OF GUILY' PLLAE. (RECONSTITING-REASS ACCOUNT FOR 9596 OF ALL CRITINAL CONVICTOUS). THE REALLY IS THAT PLLA- BERGANIS MAJOR BECOME SO CERTEAL TO THE ADMINISTRANOI OF THE CRITINAL SUSTICE SYSTEM THAT DEPLASE COURSEL HAS REPONSIELITIES IN THE PLLA-BERGANIS PRACTES, RESPONSIELITIES THAT MUST BE MET TO RODER ADDEQUATE ASSISTANCE OF COURSE THAT THE SIXTH-ARTERD MENT REGUILERS

*5 W THE CERUMAL PROCESS AT CERICAL STAGES. WHILE THE WABEOWAFT OF CONSULS PAPFORTANICE IN THIS CASE IS CLEAR BROWTH AND THE STIRM-ARMEDMENT RIGHT TO EFFECTIVE ASSISTANCE OF CONSULS EXTEANS TO THE CONSIDERATION OF ALL CERICAL STAGES OF THE CERUMAL PROCESSING. HISSOWEL V. FERE, 556 U.S. (2012). ; MONTEFO V. LOUISIANA, 556 U.S. 778,786 ; HILL V. LOCKHART, 474 U.S. 52.

TO DETERMINE WHETHER APPLICANTS TRIAL ATTOWGd WAS WIEFFECTIVE, TRIAL CONSULS PAPFORTANICE WILL BE SUDGED UNDER THE LAW WHICH EXISTED AT THE TIME OF TRIAL. EX PAPRE BUTLER, 384 S.W. 2 d 782,783-784 (TEX, CERM, APP. 1994) (CINAG-SPELCELAND AND LOCKHART V. FECTWELL, 506 U.S. $$ , 113 S.Ct. 832,1221 IEd. 2d 180 (1995). HISSOWEL V. FERE, 132 S.Ct. 1399 IS THAT LAW.

THE STAME ALSO CONALANS IN ITS ANSWER THAT APPLICANIT FAILDS APPLICANI FALLDS TO KAISE MANUAL HEALTH ISSUES BEFORE TRIAL ON HIS HARRER APPLICANIAL. IN THE FIRST ISSUE HERE, APPLICANTS CONSUL, MR. WELLS, SHOONS IN HIS APPIDANIT (STAME'S EXHIBIT B), THAT HIS CIIIATT PERVIDED NO INFORMATION, NO DOCUMENTATION, OR EVERY MENINGUED THAT HE WAS A MANUAL HEALTH PATIOTT. HOWEVER, ASSISTANT DISTRICT ATTOWGd ON PAPRE 4 H OF HIE ANSWER FOR THE STAME THAT APPLICANI' IS IS PEOVISE DOCUMENTATION OF HIS MANUAL HEALTH ISSUES EN, STANING: "THE APPLICANIT PEAIDES ONE DOCUMENT THAT SUGGES'T THAT HE HAS SOME MANUAL HEALTH ISSUES." THUS ADDITING THE APPLICANI DID, IN FECT, NOTIFY ALL PAPRIES OF HIS APPLICANI. HELTH CONDITION AND THAT HIS CONSEL NON CALLY PROVIDED THE TELLIN IN HIS APPADANIT, BUT WITHED EXCULPATIENT AND MINIANING CUISED FROM THE CALET, WHICH, IF BUT FORTH, WALD HANE MADE A CONSIDERABLE DIFERENCE IN THE TRIAL AND WALD HANE APPLICED THE CUTICNCE OF THE TRIAL. STRECKLAND V. WASHINGTON, 466 U.S. 688, (1994) ; ADOPTED FOR TEXAS CONSTITUTION IN HENWANDSZ V. STAME, 726 S.W. 2 d 53,57 (TEX, CERM, APP. 1986). This, IN FECT, SHOULS THAT THE APPLICANI'S CONALANI' IS VALUE IN THAT THE BEFORE CANSAL'S FAILURE TO WHEZTIGANE POTENTALLY EXCULPATIENT AND MINIANINGEVIDENCE WHICH WALD BE MATERIAL AT TRIAL, BEYRIED DETERMINE OF EFFECTIVE ASSISTANCE OF CONSEL IN VICANIAL OF HIS CONSTITUTION RIGHTS. SCE EX PAPRE ANEXOUNTA, S.W. 3d $$ (TEX, CERM. APP. 2006); ALSO SEES APPLICANI'S FIRST SUPPLUMENT MEASUREDUM, GROUND 4, P6. 8.

4.

*6 IN YMG SEGAIN ISSUE IN STATES ANSWER, ASS. DISTRICT ATTDEMIER ALLEN ALLENES, IN MAPSORS PROCEDURGES, THE APPICANIT AUST ALLENSE SUPPLICHAT FECTS WHICH, IF TENE, WOULD CONTIILE HIM TO RELIEF." CITING LEY PART MADANADO, 658 S.W.Zd 114-116 (TRE.CEUM.APP. FRE). IT IS OBVIOUS FROM THIS CLARM THAT ITS. ALLEN, HAS NOT REAID THE MAKERS EXHIBITS FUT FORTH W THIS HAREWS PROCEDURG EH THE CLERK OF SAID COURT. IF SHO HAD, ASS. DISTRICT ATTDEMIER ALLEN WOULD MAVE BENLIZED THE SUPPLICHAT FECTS OF: ON SUNE 12,2015, LISTED AS EXHIBIT "A", II PRESS PARKS OF TEL-COLUTY MEDICAL-MEALTH MEDICAL DOCUMENTS WHICH INCLUDED KINGWOOD PINKS PSYCHIATRIC MOSEITAL PAPERS OF TREATMENT OF APPLICHAT CONSULV 1, 2015, EXHIBIT "C", 23 PARKS OF MEDICAL PAPERS OF CLINICAL EARTH DIAGNESIS: ON SULY 28, 2015, EXHIBIT "D", DOCUMENTS OF "CORRECTIONAL MANAGED CARE" MEDICAL MEDICAL CLINICAL NOTES, FRESCREENED "CARBARAZEPINE" 200 MO. , TWICE A DAN. THIS, IN FACT, SHOUS THAT APPLICANT HAS FUT FORTH A PERPANDERANCE OF LALIDANCE WHICH ALLENSE SUPPLICHAT FECTS, WHICH, AND TENE, AND DO CONTIILE HIM TO RELIEF. LEY PART MADANADDO, 668 S.W.Zd 114-116 (TRE. CELM. APP. 1985); ALSO SEE: APPLICANIT'S SUPPLUMENTAL MEDICAMINUM. (GRND. 3, P6.5-7.

FURTHER, ME. WHILL CONTRAINS THAT HIS NOT CULV HAS A LICENSE TO PRACTICE LAW IN THIS STATE OF TEXAS, ELUT, ALSO HAS A MEDICAL LICENSE AS WILL. APPLICANT OBSERTS TO ME. WHILL APPIGAUT IN WHICH HE CLAMS TO DIAGNOSE HIS CLIGHT IN A PSYCHIATRIC ANALYSIS EN STANDS: "AT NO THIS DIS I FORM THE OTHNION THAT HE DIS NOT UNDESTHAND THE CONSERUANCES OF HIS ACCOUS. I FUT THAT HE DANIS WAS ECTM CORRETAIT AT THE TIME CE HIS ALGA AND SAME AT THE TIME OF HIS OPERASE." THIS IS WHAT ME. WHILL FUT FOREWARD IN HIS APPIGAUT TO THE COURT. KNOWINGF FULL WILL OF HIS CLIGHT'S MEDICAL ISSUES AND MEDICAIION, MENARSE TAKING AT THE TIME OF TRIAL. THIS WAS LEVON STANDS EN ASSISTANT DISTRICT ATTDEMIER ALLEN IN HIGST STATES ORIGINAL ANSWER EN P6. 14. STANDS: "THIS APPLICANT PROVIDES ONE DOCUMENT THAT SUGGESSE ME HAND SONE MEDICAL MEAALTH ISSUES." CONCLOPMENT THAT AL PARTIES IN THE TRIAL HAD FULL KNOWLEDGE OF APPLICANIT'S MEDICAL MEAALTH ISSUES DISABILITIES AND TOCK FULL ADVANCEDCE OF THAT FACT.

*7 SEE: STAte's WELT EXHIEIT B, AFPIDAUT OF SOMM B. WELLS, III, AND STAte's ORIGNAL ANSWER, Pg. 44.

IN COLLCLUSION, APPIICANUT HEATS EOM THE PRoLIGS OF STRECKLAND V. WASHINGTON, AS HE EXPLAINED IN HIS SUPERMEDITAL MOROONINGUM. SHE APPIICANUT'S FIRST SUPPLEMENT MOROONINGUM FILDS ON NOVEMBER 4, 2015, WITH THE POK CANUTY CLARK OF THE COURS APPIICANUT FRENLY CLANTS THAT BUT FOR CONSER'S INEFFECTIVE ASSISTANCE, HE WALLD HANE, IN FACT, NOT ALWAS GUILY TO 12 YONES CONFINICHANT TO TBCS FOR LESS THAN A BREAK OF CONITRoLLOO SUESTANCE. SWE MISSOURI V. FREE, 132 S.Ct. 1391 (2012).

CONCLUSION AND PRAIDER Applicant BROOKES THAT THE COURT OF CRINGUAL APPARLS REMAND BACK TO THE TRAIL COURT FOR FUERHOR PROCEDURES OF HIS 11.07 APPIICANOI, AN EXIDUATIARY HARRING OF THE FACTS BEFORE AND UPON THE FUNDINGS OF THAT HARRING TO REVNASE APPIICANUT FROM HIS UNCONSTITUTIONAL CONFIIGEMENT OF 12 YONES TBCS.

MINERCFARE, PERISSE CONSIDERES, APPIICANUT, STREPING E. DANS, PRAINS THAT THIS HONORASSLE COURT OF CRINGUAL APPARLS REMAND EACK TO THE TRAIL COURT FOR FUERHOR PROCEDURES HIS 11.07 APPIICANOI, AD RANIOR AL SUEOR ISSUES OF MEET AND TO GRAINT REVUEF FROM HIS UNCONSTITUTIONAL CONFINICHENT.

FLEEPETFALLY SUERITIES, SSELFING

6.

*8

HIMATE DeCLARATION

I. STEPHAN EARL DANIS, BENNIG PERSWATY HOMMERMANN AT THE STRIME-RELOND WHY OF THE TEXAS DEPARTMENT OF CERUMAL JUSTICE, LOCATIONS IN EARZORIA CANNY, TEXAS, AND WIDNE PERSWATY OF EARSEWAY PERSWANT TO 28 U.S.C. $1746,STATETHATTHETRATS$ IN THIS ORSTE SANTHAL ARE TICK AND CORRELt.

EXECUTED ON THIS 20TH DAY OF DEPARTMED, 2015.

PERSWATYALY SUMPLIERS,

COMPRENATE OF SERVICE

I. STEPHAN EARL DANIS, BENNIG PERSWATY HOMMERMANN IN EARZORIA CANNY, TEXAS, AND WIDNE PERSWATY OF EARSEWAY PERSWANT TO 28 U.S.C. $1746,DOAFFIEMTHATTHALEHEREETDEAHACEDACOMCF$ " ORESWATY AD THE STAPE'S FINDINGS OF FECTS AND CONCLUSIORS OF LAW WITH STAPE'S ORIGINAL ANALYSIS." TO THE PRESSM MALE-ROOM OFFICIALS FOR DEALWAST TO THE FOLONING:

ID EDEEYE'S. RICHARDS POLR Co. BISTRICT CLUBIC CERUMAL JUSTICE BLDG. 101 W. HILL ST., SUITE 216 LIVINGSTEAM, TEXAS 77351

2) ASSIA ACOSTA, C. LUNK CAGE OF CERUMAL APANALS P.O. P.O. 12308

CAFFITOL STEPHAN AUSINE, TEXAS 78711-2308

EXECUTED ON THIS 21st DAY OF DEPARTME, 2015.

CAFFITOLANT, S. H. M.