Case Information

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Apellate 10, 06-15-00050-CR Trial NO, H-0029X

The Court of Appeals The Court of Appeals Sixth District DEC 1 &; 2015 Dearkana, Texas Dabra Autrey, Clerk

Texarkana, Texas

Debra K. Autrey, Clerk

Brad allen Ann appellent

$V$ . State of Texa) Appellert

Ho Se of appellent

Brad allen Ann Brad a. Ann # M88053 Michael Chist 2664 Fm 2054 Tennessee Cedony, TX 75336

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Table of Contents Idenity of Parties &; Counsil Index of Authorities Statement of Case Points Presented for Review

Howe 4 - Was there esrocious harm caused to dotindents right to have a fair trial by a bias judge at sentenemy phace of trial for 4 thom 1980 Statement of Facts Summary of Erisvement Argument of Authoritiy, Rrager of Relief Certificate of Compliance

16 17 18 19 $\therefore \dots 20$

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Identity of Parties d'Causil

appellent

Broad allen Dun TDCJ 1988053 Michael Unit 3664 FM 8054 Tennesse Colony, TX 75006 Appellants appeal Cansel Hon. Craig A. Fletcher attorney at Law 110 S. Bolivar, Ste#210 Marshall, TX 75670 Appellants Trial Cansel Hon. Scott Reetenwald 110 W. Fannin st. Marshall, TX 75670 State of Texas Hon. Coke Solomon Horrison Canty District attornay Hon. Kristin Kaye Herriun Canty cost. District attornay 200 West Houston sts. 206 Marshall, TX 75670 Trial Court Xdso Hon. Brad Morin 71st District Carrt Horrison Canty, TX 300 West Houston, Ste.#219 Marshall TX 75670

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Notes

Tors. Code. Crim. Proc.C.) Tors. Crin. Opp Tors. Code Lrim. Proc. Ann

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A little over 2 weeks before December 1, 2015, my wife of 10 years left me, we had been living in Lindi, T k in our 4 sarboon house with our 3 kids. I had been working 2 jobs at the time and running my own launcare business. My wife had chosen not to work. After she had left, I had determined through emails on her face book she had been having an affair with another man for at least 3 months. Caring those weeks she left, she moved out, took my kids and would not let me see them. For those few weeks we argued everyday, I had spirited out of control, I was not eating, I was severely depressed, mad, angry, I was beside myself and did not know what to do I had no family on my side that lived in the state of Texas other then my mom and we were not on good speaking terms. I had friends, but none. I could really turn to the guidance or help in the matter. I had reached out to her family, who had been my family for the last 10 years. However due to the fact that my wifes family was trying to help her hide her attack so I didn't have any evidence to take the kids from her, which I told her I was going to try and do if she didn't quit sooing this man with my kids until we were divorced and the kids had been counseled by someone on what's going on. I was so confused at what was soing on and how she was freeing me after 10 years, how hard she was trying to hide her boy friend. I couldn't control my emotions. I was mad at her one minute and apolssizing the next. There is evidence in thousands of text, video's I had sent her, messages I posted on Facebook, videos my co-worker recorded. Nothing which was entered as evidence for me at the trial, other than the videos my co-worker recorded, I had reached out to my Uncle Mark boss during those weeks. He had tried his best to comfort me and guide me. I also was reached out to by my wife's cousin Jason Kopecky, who had talked to me almost everyday up to the muder. He was one of the main witnesses.

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I wanted at my trial. His phone at was in my cell, he was a friend on my face book and my in-laws had his contact information. Yet my lawyer told me he could not find any such into and could not reach or find him. My wife had moved back to Marshall, T. with her step-sister which is almost 2 hours from Lindale. I had decided it was to hand for me to live in this big house by myself and if we did get a chance, it was a long way to drive to see my Kids. Is I decide to. at my staff and the kids staff she didn't get in storage and now back to Longview, T. with the only friend I had to move in with in that town. But moving back to Longview helped me to find work close to her and I was only 20 minutes away from seeing my Kids. Bring this time, were still arguing, I'm still crying and getting more and more depressed and mad. We had come to go. Always agreement by text and on the phone and that I would pay a lawyer and get it started, we also had agreed to tinily test me see the kids. I was support to see them the weekend after Thanksgiving of 2013. I had moved all my staff in storage and moved in with my friend Sherry - James Barth-Non, the Friday after Thanksgiving, my wife did not like him, we had a bad past together, however he had been with this lady for 7 years and her I tyr old daughter, he had gotten a nice brick house he was not the same friend he was when I got married, however my wife did not know that, so she, not me, suggested I I can't a hotel. Sunday and Monday, my off-days, to see the Kids until she could come over and meet Sherry old lady and see his house. This was also said by her in text. Saturday, I worked from 4p.m. to 8pm, at my part time job, then I driven to Tyter from Longview and work from 4 p.m.-7 a.m. at my fill- time job, then drove an hour and a half to Marshall to the

*7 pays 6 Hotel I had rented, the Daymont Hotel. I was severely tired; I had drank several (4-6) M mstar eneny drinks, because I also had to continue to stay up to spend the day with my kids and I would shop that night. Not only was I extremely tired, I had also argued with her and her boy friend until 5 a.m. that morning some of those conversations was recorded by my co-worker Ricky, who was worried I was soing to wreck while gaying and texting while driving. I had finally got to the hotel at around 7 a.m. Sunday Dec. 1, 205. I called her and told her let me take a shower and, set dressed and then bring the Kids, around 10 a.m. I called her and said to bring them. I wasted and waited, I went outside to wait and to smoke a cigarette. She kindly called and said they were at Mc Dineshly, the Kids were hungry dried the time, I said, but I said, I was very happy and the time was long. I said bring them on and they could eat a good breakfast with me at the waffle House, next door to the hotel. She said, yeh they'll like that. She finally sot there and I was so excited to see the kids and them me we got there stuff at. My wife asked me for a cigarette, we decided it was to cold for the kids, we went in, put the kids on the bed (certain's on and we won't in the bathroom to smoke while smoking I proceeded to roll her how much I loved her. Please don't throu away (2) years, please don't take my kids away, please don't take my kids away, please don't take my kids away, please don't leave me, except and I also asked her if she had cheated on me, I knew they were dating, but I did not know if they had had sex together, she told me, she did other, she may ask out, I was crying so hard and told her I hated her for what she was doing to me, she then saw me a boy, I did not let so of her, I just hugged her and cribed on her neck, she said to stop crying, to let her go, to save up, that I was only making it harder on myself. I could not let so, I was so happy and I was so threaty to her.

*8 page 7 could not just give up like that after 10 years. During this time I pulled out my pocket knife that I always carry, since before we were married. Unknowingly in a firt of rage and unaware of it, I stabed her to death, unto the trial I did not know I had stased her all times. I left the hotel with my youngest daughter, I had wanted to take all I and to tell them by and that I loved them and was so sorry for what I did. They did not see me kill them, and, but the oldest brianne heard something, she thought we were fighting, she was scared and did not want to come with me, her and my son were with the hotel employees and I know the' cups were on the way, so I left them, I tried to call everyone I knew and tell them what I did, after a few hours of driving and calming down a little I was on my way back to Marshall to turn myself in and was crossed 30 miles away for murder.

After being transferred to Marshall jail, I was siven a lawyer, Scott Reitmulld of Marshall. When he came to see me, I was a mess, I was on suicide watch. He said I know your upset, but is there anything you need to tell me or anyone I need to talk to that is what he had happened. I said yes, but I said about my courier and Jason, who was with a couple, they can been going on, I told him there it's were in my phone. Before I go on, I'm told my Prose or Direct Appeal is to be about errors in the trial, well I'm no lawyer and had about 70 days to do this and learn what I can I could as I could not afford to pay. Anyone here in prison who does know the law $100-2000 to help me. I have tard a few to guide me, show me, point me in the right direction for free, I believe my entire trial was an error, it was a joke, no dis-respect intended, but to say all deserve a fair trial, well. I did not get any, it was a one sided

*9 Pg#8 hanging. My own lawyer railroaded me, it was in the newspapers of East Texas and on all the news included a station in Louisiana (another state). Nothing sood was said about me before the trial, during the trial, nothing was said before the trial that my wife was having an affair. Only that estranged husband, M onstor, man lives with his maitel and kills her. I've seen trials on t.v. 1 never seen one were the defendant has no evidence entered for his defense, were the defendants witnesses are witnesses for the state instead. A lot of this may be for on 1107 or 2254, but I am pointing it out more the loss, as I said I between my trial was unfair, bias, sabotaged, and was a medical masseter in which they lied on me, Governor Gohnart got involved to pass a law, so it grew more attention, web-sites lied about what happened, my father-in-law Hank that lied on his web-site, the papers I needa lied. The papers I needa said I was arrested several times for assault family violence and that I had several arrest, not saying what for. True I had several arrest as a young man several years ago for traffic violations. I've only been arrested once for family violence, 1'd years before the murder, I posted my x-wife down for cheating on me, that's all, ste even seys on her statement I never was violent before or would she believe I would be after pushing, her, (not shown in trial-her report of police statement say), they would not have a warrant, but a year later the state did), react in I have no criminal record other than that one charge, papers and media 2009 spen my arrest for traffic violations to make me look like some swim, criminal, I had only criminal arrest and it was a misdemeanor. My attention to make me look like some swim, criminal, I had only criminal arrest and it was a misdemeanor. My attentory

*10 page 9 Said or did nothing about this, so it just rode that way for 15 months or sites, papers, t. V. After my first few visits with my attorney I set the impression that my lawyer did not want to help me and or be my lawyer. I'm Jownery, one month after the murder, I sent a written confession to my mother-in-law Cindy Kopecky's attorney, in that confession I stated in the opening, I do not think my lawyer wants to help me, should have went with my gut, but inmates and scords alone were telling me he was the best I could set for a murder trial, that he was sood, so I kept him speaking of my mother-in-law's attorney, she had one because I save her custody of the Kids and my father-in-law Hank Hunt, there dikemed, was living her dead me for the Kids. The judge that handled my trial, also handled my custody, with kids a year before. My father-in-law Hank Hunt told lots of lies about what he thought why the murder happened, basically had to make a bad situation, worse, so I believe, since the judge rided against me that I could never have any contact or visitation with my kids, I thought he might have formed a bias opinion about me than when later I mentioned this to my attorney, he said don't worry about it. I also asked my attorney to ask for a charge of venue from all the bad media publicity, he said he did not ever denied, he never did ask. I also asked for a block at an the case because of all the lies and sweeps and only bad coverage of me, he later only asked for no coverage allowed in the cart room, I also asked if I, he, we could make a statement to the media, set some facts straight, put my side out, he said no. Fact is I'm not no criminal, I was a hard working dad, husband, and I was a good friend.

*11 This had provide a nice house for my family, nice car for my wife, the had everything, I was not violent to my wife or kids, ever, me and my wife argued mostly about the last year about me not making enough and doing enough and me arguing and bitching at her because she would not work and help us, but she would bitch when I couldn't do enough, she hadn't worked in Syears. Some have me arguing and bitching made me a bad person, please, come on. I have no violent history, no criminal record, one charge is my whole life. Two of my most important witnesses, one ended up only a witness for the study, the other my lawyer "could not find" but his ill was in my phone and on my facebook, Mine, my wifes and her boyfriend tadds, phone, were dropped, victed. I sent my wife from my phone, I guess were lost from the dump or just not shum for me, I wanted them shown to show her said I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed. I made, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you could see in the victed, Ivicted, we, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed. I made, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved that and shown my depression, hurt, sadness that you could see in the victed, Ivicted, we, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I made, telling her, I the kids by before the murder, which the Ude sad, I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you could see in the victed, I was, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I made, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you could see in the victed, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I made, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I made, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, telling her, I the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I said have proved thet and shown my depression, hurt, sadness that you would see in the victed, I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before the murder, which the Ude said I was hight, about the suicide attempt, but the victed, I I was, the kids by before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before before the murder, I was, the momente, I was, there was larger victed, I had saved in my email on my phone, there still there, they were my suicide victed, I was, the kids by before before before the murder, I was, the momente, I was, there was larger victed, I was, the kids by before before before the momente, I was, the kids by before before before the murder, I was, the momente, I was, there was larger victed, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by before before before the momente, I was, the kids by 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*12 pay it. us together at my daughters birthday parties about 30 days before the murder, all was this, to me, I had no clue she was talking and seeing another man for at least 3 months. Messages from her family on my birthdays or her mom telling me how proud of me she was of how hard I worked and how hard I tried for my family. The head jury woman said on 1 v. after the trial, I saw it, she said we didn't give him sudden passion" because we all a good, if he loved her, he wouldn't have killed her"; well well, what else was there to believe, my lawyer showed nothing to prove otherwise, nothing to show me as a good man, good husband, I wanted the file from my assault cher, my lawyer didn't get it, so the jury only got my statement, which to them, they could be a he, made up, if I had had her statement to read, the police statement, it would worry, my testimony. My mother-in-law ciddy Kapah, had on the 8.900 stood, she said my son was going around making a "st bbing motion" saying I want a sword life my doubly", I told my lawyer to object she was lying, it was proven that my kids saw nothing and I have not spoken to him about what happened, so how could a dyr old who saw nothing and haven't spoken to me, know that, if it was true, they told him, my lawyer told me to shut up, he was the lawyer, "I had specific questions I wanted to ask my mother-in-law on the stand, he asked her none. When I asked why, Riek, was a witness for her the state, which I only saw the states witness list maybe a month or so before the trial, he said the DA set to him first, I said man I told you days after the murder to contact him, he said child, I will cross examine him, he's still here for us. I said yet, but the jury see's him being presented as there witness against me, even my, Aunt Kim Bobbitt was a witness for the state, even though her comment helped me, my witness were my

*13 dad, my boss, a jail press doctor and jail minis by lady, Mrs. Borders. I told him when the jail doctor was cross examined by the BA, they spen my depression around to say I was depressed from being in jail, isn't that typical of someone being locked for a long time, that may be true, but I told my lawyer to ask him what we talked about in our sessions, while I was on suicide several times. I asked him how did I do this, how did I get the nerve to kill my wife, will my kids ever friskin me. I can't handle the pain, I am so sad, my lawyer asked him none of that, I was not scared to be in jail, I'm a big data, I never once said any this, about this depressed from being in jail, my lawyer again told me to shut up, also when I placed swiftly to murder, I had no idea I was going to do that and when I did I thought I was some good to Felony I made - And I didn't know my father-in-law was there in court on how early before trial to see me enter my plan of sultry, he knew before I did what I was doing, when I signed paper, I asked my lawyer in this the best rate, he said yes, this is my plan, I said well, I don't know your plan, you never told me any this, when judge asked me are you sets glad with your lawyer, well it was so time, tried? day, I couldn't say no and piss him off, however he was going to rail road me one way or the other. My mother-in-law cinds also told my dad at her the murder, I know. Read loved my daughter and there kids, I don't know what happened, my dad was support to tell that, she text to him from Chody, well my dad didn't, after trial I got to see him, I said why didn't you tell that, he said my lawyer told him not to nothing was some help- ne, my lawyer told me, my dad forgot. Also, the one witness the state had best able, who during the trial, changed her story from the police to a new story during trial, which was to help the BA disprove my "sudden passion", I found out after trial, she is a CI for the cops, she was on a parole that I was so sad, my boss, a jail that I was not so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to do it, I was so glad to say, I was so glad to say, I was so glad to

*14 Pope. It's Violation, or said she was, but I do know for a turt she is a (I (satisf) for the cavity. Which makes sense why the only place of testimony she first to tell the cases, she tells the ivory everything else. She said marked for story to the cases, but that 'one piece of extra testimony she said during the trial, which helped the D.A. to try and prove against "Sedden Passion" (also during the trial the D.A. Coke Solomon, guessed several times during the trial, I know now and guessed then he was not allowed to guess about facts or scenario's to the ivory or guess he can only present facts of actual evidence to the ivory. I know at least up to two months before the trial I was on the front page of the marshal paper, on the news d'Raris Law" petition had close to 800,000 signoters online which drew more attention to the Cox. I believe without a doubt that there was so much negative, one sided, lies facts about me that there was no way to have a fair trial or set a fair sentence if there is one for my crime, but I did not receive a fair trial and was only made to look bad, evil, trash, seem to social, when I was not in cruyway any of those, however 4 people you could but a label like that to, all comitted murder and meant to kill those victim, all 4 sort loss time together than me. I may deserve life for what I did, but I do deserve a fair trial and fair and decent representation from my lawyer, with all that negative publicity, which none of the other 4 there for murder sort, or even after my murder, a woman killed her husband for the same thing and she got hardly no publicly at all, but when she did it said wife shastenshord for having an affair, to make it look instilled for her, but for me they say transfer murder's wife and no mention of her affair, to bias because a man killed a woman, woman does the same.

*15 pase 14 same thing, oh he deserved to be killed. A habirual criminal with several major felonies, not contributing to society, goes to Kill someone, yet a 20 years, a a man wasky, путь hard to take care of his family, no criminal record, is basled beyond belief in the media, trial for what, do DAs's 15 minutes or frame because it got national attention of a congressman, because it sold papers, made for a good story, treated me like I was some Tod Burdy or something, some sedistic serial killer or evil man who just tortured his wife or kids. I was just a register guy trying to make it, who hast every thing and was backed in a corner, but on the curb, who trash, because my wife was lazy, didn't want to work, wanted me to do it all and bitched at me when it wasn't enough, instead of helping, she took the easy way out, or as she told me, she wanted 'Some me time' so she went out with another man, who had liked her since high school. I really and truly don't know what the hell happened, I never guessed in 10 years my wife would leave me or could be so cold hearted about it. I never guessed in a million years I could be so hurt, crushed, that I could kill her. But I could kill her. But I could kill her. But I was a dozen other things to tell, I think this wasn't longer than I intended, will save the rest for ever later if I need it, but I hope you can see the injustice I was done by my lawyer, she, I am at my trial. In the end I didn't think the jury quite understood what "Golden Passion" meant, only that it offered less time, I also think the way the time for sentencing was presented, they thought they had to give me "Golden Passion" or 19, the D.A asked for. I dose think they understood they could have save me say, 30,40 as an mutter I chose, However they decided to give me the 19, the D.A asked for.

*16

Page 15

Points Presented for Review

Error 1- Was there egregious harm caused to defendant's risk to have a fair trial by a bias judge at sentancity phase to $3^{\text{th}}{H}^{\text{th}}U.s$ , Const. Amend. $L$ ]

*17 On December 1, 2013 in a local model in Harrison Cantry, TX, Kari Ann was stabed to death by her husband who she had left a few weeks before and told her husband after 10 years she wanted a divorce, it was also established during those few weeds before the murder that Mrs. Ann was having an affair. Appellent, Brad allon Ann was subsequently arrested for her murder, Appellent entered a plea of "guilt" to the offense of murder. Appellent thought he was entering a plea of "switt" to a lesser chorse of murder. A jury trial was commenced to determine the appropriate punishment. offers only a short (3) day trial for murder, the jury rejected Appellents contention that the murder was a result, of a "sudden passion" and returned a verdict and assessed Appellents punishment at (99) ninety-nine years in Texas Dept. of Criminal Justice frisons and a fine of 410,000. If the law says you deserve a fair trial, then I didn't set one. My trial was a joke, a one side hanging, I believe my a torney Mr. Reckinwald was in caboot, with the DA Mr. Solomon. Witnesses being called for DA, evidence not entered for evidence for me, the lies in the media, about what happened, my criminal record, which in only ickorse in 200's before the murder. My lawyer entered nothing to show I was a good man, no pictures of me, my wife (Kids) dozen of text messages that were dumped from the photos were not entered, some extremely crucial to my defense. The jury said on TV I didn't him my wife that's why I killed her, they had already formed an opinion from my bad media coverage, my lawyer showed them nothing to say or show other ways. Mr. Solomon I may not set this head appeal right, but I am very smart if I am 2 more choices to set it right, and I will set it right. I will get a fair trial I did a bad think of I am not a bad person.

*18 Sronk. was there egrestious harm caused to detendants right to have; fair trial by a bias judge at sentencing phase of the trial and pre-trial to 5th U.S. Gart. AmendC7 See juy notes pages 181,182,183 of Mssler Index. Sent to judge of carr during juy delibration of sentencing and finding of guilt to "Xaden Passion or " Morder I" from the juy panel as p. 181 asking to see $t$ the Kite d 2 - The phato of the Kite in her (Karl Rons) neck which record fails to show courts addressmant. See RRRRR6, p45;46] during juy deliberation (stert to fivil) record fails to cite to notes being read in open cart for detence objection or approval to courts response to said notes. Also seo (RR6,p161 record only cites (Chage Rulowly) as also a L (RR4, p22) cites only (Indictment read in violation to art 36.27. Tonss Code of (riminal Procedure state requirements) all communication must be made part of record see Ulbrel u State 85 S.W. 3d 725,728-29 (2006) or II. Applicable law para.cites, when trial court responds sats tentively to a juy question during deliberation, that communication essentially amants to an additional or a appiemental juy instruction see Daniell u. state 848 S.W. 2d 145,147 (1993) and Hudson U State 128 S.W. 2d 267,371 (2004). When detendants does not object to any error in the juy charge, such do Dorders is entitled to a roversal of the juys verdict "only if" the roviaying carr determines that the error caused defendant such "egresias harm" that he or she was deprived of a fair trial Almanya 686 S.W. 2d 157,171 (1994). Underwood 927 S.W. 2d 661,663 (1996). Direct evidence of harm is not necessary in order to establish egresias harm. Hill 30 S.W. 3d 505, 507-08 (2006) See Id. Villapend at, Iv.Curehision, Sec. Foot note) 1,2d3 cite to art. 36.27 requirements to status of Tons. Code, from RreE7, as defendant has a right to a fair trial and due process of 5th, 14th U.S.Cant. Amendment). King U State 453 S.W. 2d 266,711 (1997). those U. Bell 541 U.S. 578 (2006). The trial judge has an absolute sua sponte duty to prepare a juy charge, that accurately sets out the law applicable to the specific cettense charged. See Budev State 631 S.W. 2d 732,738 Tons. Crimsop (1982) (pharithy. 4p) It is a rounible error, because it entringed on detendants right to a fair trial by juy. Art. 36.141/20009 the loyal duty and responsibility on the trial judge to prepare for the juy a proper and correct charge on the law, and the law as may be applied to the facts adduced. I hid. This is a loyal duty that must be performed by the trial judge, not the DA, a therays, court clerk or anyone else. In this case, it was prepared and corrected for the DA for the state. Id. Mlork also hends my kiddy

*19 case a year before the murder trial. As was given a lot of false information by my father-in-law Frank Hunt who was only my mother-in-law (only Kapata, for cxclusly or my kids), I was giving them to Mr. Cindy. I believe I was the main lead a conflict of interest in being my mother trial judge. I believe he could have or did harm a bias opinion about me from that custody, trial, and from all the media coverage. I not that booked me repeatedly, that gave it for custody was $1,0963. He also allowed 180 preferences to the above jury, of 21 states, my attorney objected and if was ovvided by judge. I believe picture showed very that more happened than actually did. My difference between my 180 pin of stats, and 21 pies of actual stress, I was told by attorney that judge mark also denied a change of vorner, I believe that action alone denied me a few trial, I was on three news, stations, one in Indiana every week, I was in the Marshall paper, most of the time trant page, There was so much negative publicity from the media for a person who has no criminal record, so undone history, I pushed my x-wife 12 years ago down into a laxendry basket, that it, that doesn't make me a horrible, violent perriminal person. My trial was a one-sided bashing, with 10 positive evidence entered for me.

*20 Erroy's was there egressous harm caused to defendant's right to have a fair trial by a bias judge at sentering plase of trial. I believe by Mr. Morin handling my costed trial of my high which my father-in-law Frank Hunt told a lot of lies to the court about what happened in the murder. This trial was a year before the murder trial. I believe that Mr. Morin could have dwel possibility that form a bias opinion of me from that trial and all the negative publicity. I have no criminal record and yet I was backed by the media and local news papers. I asked for a change of venue, my attorney said I was doubted. I kept no chance of a fair and unbiaj jury, anybody could see that even the guards said so. The judge also only stopped the media from cowning in the court room, after the damage was done and that district stop any, this bit pictures of me. I also had to use one of my stories to cut a potential bias jury member who knew and went to church with my wites (with my wites (with) mom, my attbriay objected and he still det her stay to allowed 1800 pictures of 21 stats. I believe that was one will and made the jury think and see more than there was. That was objected and overruled by the judge. I think you, my friend, have a conflict of interest for him and I believed he formed a bias and had full opinion of me.

*21 I believe the trial court committed a reversible error by causing me to disdardant egregious harm by a bias judge at sentencing phase of the trial. I helow this error caused me to have an unfair trial and the judge to make bias decisions against me.

Appellant prays this court will reverse and remand the sentence in case of H-0029X and remand this case for a new trial.

Thank for Bendadamun

*22 I used the law books provided here at the Lour Library of the TOLS Michaels Unit. I also used info. From other inmates briefs pre-peered by there atternay. I also used info. provided by in mates who would he pme, since I only had a couple of months to learn the law which takes a lawyer years to learn. I did the best I could since my lawyer dropped me and I hope I met your standards as best as I could. I don't think that was fair to be dropod dweeks before the deadline with know word from my attorney in 6 months, except to say I, erith e-boyy