Case Information
*1
70,410-63
CHARLES JACKSON TOCJ-ID : 1101342 MARK STILES 3060 FM 3514 OCT 122015 BEAUMONT TX. 77705
ADOIALOSS, OIAR
ABEL ACUSTA, CLERK COURT OF CRIMINAL APPEALS OF TEXAS P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711
WRIL NO. C-1-010414-0810273-8
DATE: 10-06-2015
QEAR CLERK,
PLEASE FIND INCLOSED THE FOLLOWING PRO SE DOCUMENTS REGUARDING APPLICANT'S 11.07 WRIT APPLICATION. PLEASE FIND ENCLOSED APPLICANT'S QUECTION TO THE STATE'S PROPOSED MEMORANDUR FACTS FINDINGS AND CONCLUSIONS OF LAW, AS WELL AS APPLICANT'S ADVISERMENT FOR THE COURT TO TAKE JUDICAL NOTICE. APPLICANT WOULD ALSO ASK THE CLERK TO FILE DATE AND STAHP AND MOTIFY APPUIEANT OF THIS FILING. THANK YOU FOR YOUR PROKPT ATTENTION IN THIS MATTER.
*2
APPLICANT'S ADVISEMENT FOR THE COURT TO TAKE
JUDICAL NOTICE
TO: THE HONORABLE JUDGE OF SAID COURT: NOW COMES CHARLES ALFRED JACKSON, APPLICANT IN THE ABOVE NUMBERED CAUSE PRO SE AND ASK THIS COURT TO TAKE JUDICIAL NOTICE OF THE FOLLOWING FACTS REGUARDING HIS WRIT PURSAUNT TO 'RULE 201 OF THE FED. R. OF EVIDENCE AND WOULD SHOW THE COURT THE FOLLOWING FACTS,
FACT ONE THE APPLICANT HAS FILED HIS 11.07 WRIT APPLICATION ON SEPTEMBER 28, 2015 THE TARRANT COUNTY DISTRICT ATTORNEY DID THE STATES PROPOSED FACTS FINDINGS AND CONCLUSIONS OF LAW AND THE APPLICANT RECEIVED IT ON 10-02-2015. THE APPLICANT IMMEADITLY STARTED DOING HIS OBJECTION AND COMPLETED IT ON THE 4th OF OCTOBER 2015 AND MAILED IT ON 10-05-2015. BUT ON 10-06-2015 APPLICANT RECIEVED THE ORDER FROM THE JUDGE ADOPTING THE STATE. PROPOSED FACTS FINDING AND CONCLUSIONS OF LAW . ALLOF THIS WAS DONE WITHOUT THE COURT GIVING APPLICANT A CHANCE TO OBJECT. THE TRIAL COURT JUDGE ACCEPTED THE STATES PROPOSED FACTS FINDINGS AND CONCLUSIONS WITHOUT EVER CONSIDERING APPLICANT'S OBJECTION . THE APPLICANT PRESENTS EVIDENCE OF THIS IN THE FORM OF H2O TOCJ-ID OFFICIAL LAYIN PASS FOR LEGAL MAIL ON THE DATES ABOVE .IN LIGHT OF THE EVIDENCE PRESENTED APPLICANT REQUEST THAT THIS COURT ACCEPT HIS OBJECTION
FACT TWO APPLICANT WOULD AQUISE THIS COURT TO TAKE JUDICAL NOTICE OF THE FACT THAT THE TRIAL JUDGE ALSO MADE AN MODIFICATION TO THE FINDING OF FACTS no. 113 WITHOUT APPLICANT BEING ABLE TO OBJECT.
*3 FACT THREE APPLICANT WOULD ALSO BRING TO THIS COURTS ATTENTION THAT THE APPELLATE COUNSEL DONALD GANDY DENIED APPLICANT HIS RIGHT TO P.D.R. WHERE THIS COURT HAD TO CORRECT THIS SOME YEYEARS LATER PLEASE SEE: ( COURT OF CRIMINAL APPEALS ORDER FOR THE WRIT OF EXPARTE CHARLES ALFRED JACKSON WRIT NO: WR-79,910-01) APPLICANT INFORMS THAT EVEN THOUGH THE APPELLATE COUNSEL DONALD GANDY CLAIMS TRIAL STRATEGY THE FACT STILL REMAINS THAT ON DIRECT APPEAL HE FILED A GROUND OF ERROR STATING THAT THE TRIAL COURT ERRED IN ADMITTING COMPLAINTANT'S MADE TO THE SEXUAL ASSAULT NUSE EXAMINER SANE AT THE HOSPITALTHIS GROUND WAS RULED ON BY THE SECOND COURT OF APPEALS AS NOT BEING PROPERLY PERSERVED FOR APPELLATE REVIEW DUE TO TRIAL COUNSEL NOT OBJECTING EACH AND EVERY TIME THE COMPLAINED OF STATEMENT WAS BROUGHT UP OR FOR NOT ASKING FOR A RUNNING OBJECTION THE APPELLATE COUNSEL ALSO FILED APPLICANT'S DIRECT APPEAL WITHOUT THE VOIR DIRE THE TRIAL COUBT HAD TO SUPPLIMENT THE RECORD 11 YEARS LATER. SEE( STATE'S FACTS FINDINGS AND CONCLUSIONS FOR WRIT NO WR-79,910-01 EXPARTE CHARLES ALFRED JACKSON) IN CLOSING FACT THREE APPELLATE COUNSEL WAS INEFFECTIVE FROM THE START OF APPLICANT'S DIRECT APPEAL. FACT FOUR APPLICANT WOULD ALSO BRING TO THE COURTS ATTENTION GROUND EIGHT OF HIS WRIT APPLICATION. WHERE THE DISTRICT ATTORNEY HAS FAILED TO ADDRESS THE FULL COMPLIMENTS OF HIS GROUND OF ERROR. IN GROUND EIGHT THE APPLICANT CONTENDS THAT HIS TRIAL COUNSEL FAILED TO OBJECT THE IMPROPER COMMUNICATION BETWEEN THE COURT AND THE JURY AND THAT THE TRIAL COURT GAVE THE JURY ADDITIONAL INSTRUCTIONS ALL IN VIOLATION OF ART. 36.27 AND 36.28 OF THE CODE OF CRIMINAL PROCEDURE
*4 THE STATE IN IT'S FACTS FINDING AND CONCLUSIONS OF LAW HAVE FAILED TO ADDRESS ANY OF THE VIOLATED PROVISIONS OF ART 36.27 AND 36.28 AND APPLICANT WOULD REQUEST THIS COURT TO TAKE JUDICIAL NOTICE OF THIS GROUND AND EVERY OTHER GROUND IN HIS WRIT APPLICATION. APPLICANT WOULD ASK THIS COURT TO DO WHAT THE TRIAL COURT SHOULD DONE AND THAT IS TO CONSTRUE HIS WRIT APPLICATION AND ALL DOCUMENTS OF HIS WRIT LIBERALLY WITH AN EVE TOWARDS THE ATTAINMENT OF SUBSTANTI JUSTICE, INORDER TO PROTECT THIS PETITIONER'S RIGHT AND DUE PROCESS, OF LAW HUGHES V. ROWEY, 101 S.Ct. 173 (1980).
THE APPLICANT DOES NOT FELL THAT THE TRIAL COURT WOULD PROTECT HIS DUE PROCESS RIGHT NOR DOES HE FELL THAT THE DISTRICT ATTIRNEY WOULD PROTECT HIS DUE PROCESS RIGHT BECAUSE THE TRIAL JUDGE OF THIS APPLICANT'S CASE BACK IN MARCH OF 2002 JUDGE SHARRON WILSON IS NOW THE HEAD DISTRICT ATTORNEY OF TARRANT COUNTY, APPLICANT WOULD ASK THIS COURT TO TAKE NOTICE OF THIS FACT BECAUSE THERE IS A MAJOR CONFLICT OF INTREST
*5
UNSWORN DECLARATION
I CHARLES ALFRED JACKSON, TOCJ-ID NUMBER 1101342 BEING PRESENTLY INCARCERATED AT THE MARK W. STILES UNIT OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE IN JEFFERSON COUNTY, TEXAS DECLARE UNDER PENALTY OF PERJURY THAT THE ABOVE IS TRUE AND CORRECT.
CERTIFICATE OF SERVICE
A TRUE COPY OF THE ABOVE APPLICANTS ABOVE OBJECTION TO THE STATE'S PROPOSED MEMORANDUMFACTS FINDINGS AND CONCLUSIONS AND CONCLUSIONS OF L'AW AS APPLICANT'S ADVISMENT FOR THE COURT OF CRIMINAL APPEALS TO TAKE JUDICIAL NOTICE OF THE APPLICANTS JUDICIAL FACTSHAS BEEN MAILED TO THE COURT OF CRIMINAL APPEALS CLERK ABEL ACOSTA P.O.BOX 12308, CAPITOL'STATION, AUSTIN, TEXAS 78711 on the 7thday of october 2015.
BEAUMONT, TEXAS 77705
