Case Information
*1 The Court of Appeals Sixth District
JUL 2 4 2015
Clerk Debra K. Autrishy Autrey, Clerk
I received your letter RE: Appellate case number: 06-15-03077-CR, 06-15-03093-CR / Trial Court
case number CF-14-1377, CF-14-1378 on 7-15-15. Your letter dated July 8, 2015 took 7 days to reach me and Im sure will take even longer to leave the Unit. I can't control that and I apologize. Im sending this letter to you today, 7-16-15, and will hold the envelope up to the camera before I put it in the mail box. Hisa, I will call home today and make it aware to my family exactly what I have written to you to prove this letter was sent as Im telling you. I am also sending you a copy of the letter sent to Judge Danny Ubdson showing I am in compliance with Rule 25.2 (2)(8) in which I asked permission to appeal. He granted this request because he sent me the forms which I filled out and then sent to you. I pray that you please grant my appeal and any other belief to which I am allowed including Appt. of counsel.
Thank you for your time, Shayed W. Schade
Muss School
*2 2 of 2 Memorandana of cases
- US v Oliver 630 F3d 397 (2011): Plea agreements are contractual in nature and are to be construed accordingly. Also, US v Roberts 624 F3d 241.
- Smith v State 23 SW 3d 601 (Tx app. Ct. Houston, 2000); Also RE: Swarthout 982 SW 2d 92. A plea of guilty in a plea bargained case is not an absolute waiwer of the right to a direct appeal regardless of the declarations, or lack thereof, in the notice of appeal, and regardless of the trial courts denial of permission to appeal.
- Rule 40(8)(1)-must obtain trial courts permission to appeal...
- Mirror - Image Rule is doctrine that acceptance of a contractual after must be positive, unconditional, unequivocal, and unambiguous.
- Def whose plea contained a waiwer of appeal may always avoid waiwer in the limited grounds waiwer was tainted by TAC. US v White 307 F3d 336; Also, Cantu v State 993 SW 2d 712.
- Navarro v State 147 SW 2d 1081. An accused can appeal his case even though he entered a plea of guilty.
- The plea process is akin to contract negotiations - Et parte Williams 637 SW 2d 943 (1982); Moore v State 295 SW 3d 329(2009); Et parte Tovar 901 SW 2d 484(1995); State v Wilson 324 SW 3d 595 (2010).
*3 Sudge Danny Woodson, Your Honor I am reguesting an appeal on Cause No. CF-14-1377 and Cause No. CF-14-1378, I am claiming there was Ineffective Assistance of Counsel from Mr. Steven Lawrence. Simmons Bar code Number: 00795650 and my waiver of appeal was tainted by Ineffective Assistance of Counsel. On two separate occasions Mr. Simmons suggested that I should commit suicide. The night before I was sentenced in your court he came to my cell and during our conversation he suggested for the second time during counsel that I should kill myself. In the early hours of the next morning on March 17, 2014 I attempted suicide and was rushed to E.T.M.C. At 9:01 AM 3-17-2014 I was discharged and taken directly to your court room. I was still bleeding through my bandages when I was before you. Your Honor my Lawyer was negotiating in bed faith and I was not in the right state of mind because of my suicide attempt and also I was under the influence of narcotics, several mgs of Klonopin and also several hundred mgs of Venomtime. To enter into a contract in a criminal setting should not have been allowed by my attorney that morning of 3-17-2014. On these allegations I am requesting an appeal: Thank you and God Bless, Irevey Schade, Stout Schacke.