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Taylor, Benjamin Haley
WR-83,037-01
| Tex. App. | Oct 14, 2015
|
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Case Information

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To the honorable Judge of said court, comes now the defendant Benjamin H. Taylor, cause no: 72106, prays what the court of the above styled cause no show relief unto the petitioner for a writ of Hahes Corpus, under Article 1408.....

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(2)

date of November 28th, 20/4. According to Government Code of the Texas Code of Criminal Procedures 509.282 states that a parale panel, a disignee of the board, or the department shall dispose of the charges against an inmate or person before the 11 st day after the date on which a warrant issued if the inmate or person is arrested only on a charge that the inmate or person has committed an administrative violation of a condition of release and the /5 th day after the date on which the parole panel, désignee, or department would otherwise be repeired to dispose of the charges under this section. unless the inmate or person is released from custody and a summons is issued under section 508.255 requiring the inmate or person to appear for a hearing tender. Section 508.281.

(1) (2)

Upon the initial search warrant of petitioners Taylor personal search, illegally police/respondents retrieved unrelated evidence due to a narcotic search warrant officials recovered (3) handguns non-related to police findings, along with other adults inside the residence at the time of the arrest. Retitioner Taylor has no common interest nor any relevance to the arresting residence along with the other (3) adults at the scene, where police officials confiscated unrelated handguns that were illegally seized by police/obtectives that were not related to the alleged offender. According to Article 18.0/1)(2)(3) and (3) of the Texas Code of Criminal Procedures, that a " specific offense has been illegally committed" as well as the specifically described property

*3 OR items that are to be searched for or seized constitute evidence of that offense or evidence that a particular person has so clearly committed that offense and that the property or items constituting evidence to be searched for or seized are located at or on the particular person, place, or thing to be searched at the time of the incident.

Ground (3) Petitioner Taylor is presumed to be innocent beyond a large reasonable doubt. Petitioner Taylor is held illegally captive against his will at the Bell County

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11

Why Writ Should Issue

The petitioner has attempted to resolve his mandatory supervision through the Rrole Division in Bell County, city of Temple, Te. and through the TOCJ Coordinator within the Bell County Law Enforcement Administration. Today neither parties have responded to the petitioners request to resolve the "Blue Warrant Issue."

Petitioner Taylor has served more than half of his mandatory supervision at liberty, approximately fourteen (iv) months street time. He has also served the remaining twelve (i2) months of his forty-eight (48) months equal to four (v) years of his sentence confined on a parole violation warrant issued by the Rrole Division November 19, 2013 where he still Remains in the custody of the State of Texas.

Therefore, the state of Texas Rrole Division should honor Mr. Taylor request that the "Blue Warrant" be removed, allowing Mr. Taylor the opportunity to secure his freedom, purpose to regain his liberty, and also so giving him access to move forward along with the chance to pursue his life goals. While being able to connect with his family and to continue to live peaceable.

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III
Prayer for Relist

Wherefore, Premises considered the petitioner prous that the 27th fudicial District Court grants petitioners Taylor Writ of Habers Corpus to which he may be in all ways entitled to in this proceeding.

Respectfully Submitted, Date: 10 / 12 / 15

II3 W Central Ave. Belton, Te. 76513

Dansates Declaration.

I, Bergamin H. Taylor, am the above petitioner being currently incarcerated in Dell Pounty fail, declare under penalty of perjury that, according to my facts and beliefs, the facts do state that the above application are true and correct.

Igned on: October 12 2015

Case Details

Case Name: Taylor, Benjamin Haley
Court Name: Court of Appeals of Texas
Date Published: Oct 14, 2015
Docket Number: WR-83,037-01
Court Abbreviation: Tex. App.
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