Case Information
*1 To be Honorable Judge of said aborertion, Eter
Now comes Larry J. Morgan (Applicant) prose Movant and brings this motion to Abyance his II.O7. Writ of Habeas Corpus and in support there- of shows:
Applicant brings this motion to Abyance the adopted findings of the state's Proposed Memorandum, Findings of Fact and Conclusion of Law as the record is in (error). The Court has the authority to reopen and modify its Judgment pursuant to section 21.001 Texas Government code in the interest of Justice.
UNRESOLVED MATERIAL FACTS CONTRIBUTING TO THE ILLEGAL CON- FINEMENTS
*2 The Applicant is/has been deprived of the material he needs in order to support his habeas corpus application. Further, the misrepresentations of Counsel as well as the Complete failure to address the complaint has left the Applicant unable to show the complained of errors. The Applicant asserts the following issues unresolved and unaddressed are errors and misrepresentation of trial Counsel:
A. THE 911 CALLER
Counsel misrepresented the 911 caller which is material to the assertion of a defense by the Applicant. Trial Counsel represents that the 911 caller is/was the sister of the complainant's girlfriend. SEE FIFCL at # 18.
This is not the 911 caller that Counsel failed to investigate. The caller is a third party who stated "let me get around the corner so they can't see me." This caller represented that the Applicant was being attacked and was defending himself. This caller was not investigated nor called to testify Thus The facts outside the record.
It can not be considered sound trial strategy, to not introduce a disinterested party who
*3
held facutal information disclosing Applicant was in Fact defending himself against the assault by the state's chief complainor who was the assailant in this matter.
Applicant is unable to obtain, listen to, or create a transcript of this caller.
Applicant has presented in this section, a material fact that is unresolved, and is misrepresented by Trial counsel as the issues complained of. Trial counsel failed to investigate all the 911 calls Specially the one asserted herein, which would be crucial to the issue of self-defense and also a disinterested third party.
For this reason the court should Abyance the state's Proposed FF and CL and amend same after the review of the 911 calls received. Applicant should also have the opportunity to review same to ensure proper identify of the caller complained of herein is heard.
B. POLICE REPORTS
Trial counsel asserts that the police reports are generally inadmissable in a trial. SEE FFCL at 28.
Its not that the police records were not
*4 admissible, its that the complainant made several different statements which were recorded by the FWPD. The records could have been used to impeach the witnesses, or having questioned the official who created the report first, and then listening to the complainant the fact finder would have been left with not knowing who to believe or perhaps picked up on the leading questioning by the state prosecutor.
Additionally, Trial Counsel could have inquired about why FWPD did not obtain all the witnesses statements from the 911 Calls made.
It can not be considered reasonable trial strategy, to not use the material available made by the investigative authority, to impeach, or discredit, testimony of witnesses.
C. BURDEN OF PROOF
Trial Counsel asserts that there was no need for the Applicant to testify because there was evidence before the Jury that Applicants weapon did not cause the Victim's wounds. SEE F F C L of # 43.
It cannot be considered competent repre-
*5 sentation to allow the state to enter a Complainant into the record who decrises all the elements necessary for the state to obtain a conviction. When the state has accomplished the necessary elements into the records it may then obtain a conviction.
No competent attorney would presume by showing that the manner in which a complainant was cut or with what instrument, would inform the Jury that his client is not the perpetrator. Instead what Trial Counsel did was show that FWPD did not recover the actual weapon that was used in applicant's defense. Trial counsel did not present to the Jury, that someone else committed the alleged assault against the states complainor. Counsel failed to understand the rudimentary elements that allows for a conviction. SEE FF CL 8 # 43 and 44.
D. Hospital Records
Trial counsel failed to obtain medical records from prior representation had trial counsel obtained the client file from James H. Shaw he could have used the records to show
*6 that Applicant was assaulted, and was defending himself by the statements of the 911. Caller, and Applicant. Statement during his sentencing phase of trial, and further information that could have been developed had trial Counsel called Identified the Caller to trial.
Had trial counsel listened, and understood Applicant, in his description of the events in question, he would Known, the cut on the complainant's leg was caused by the complainant. Stomping Applicant, the heel of complainant foot were also injured, base on application. observation of his shoe on the photographs, his counsel showed him. He further, would have Known that in defending himself the Applicant had his shetrock. Knife still upon him, and faced with being pinned down made swipes comming up off the ground, one of which cut the complainant. Iassitant across the bottom of his stomach and wrist. This was never mention during Applicant's trial. Further, this information would prove to be more elements of the defense of self-defense, had Counsel presented it to the Jury. Once again the Motion to Abyance for Larry Mory Parge
*7 Records of the events from FwPD and the hospital which attended the complainant/a- sailants wounds could have been used in support of a self-defense assertion that the law statutorily allows.
It can not be considered sound trial strategy that trial Counsel advised Applicant to refrain from testifying because his version was contrary to the physical evidence before the Jury. SEE F F C L .
E. ASK FOR NEW COUNSEL
It cannot be considered sound trial strategy to not testify to the only defense self- defense. SEE F F C L .
Furthermore, see R. Scott Walker's affidavit . After all from day one, he stuck to the story that he cut the victim's ankle in (Self-defense).
Applicant ask the court for new Counsel or to continue prose. Further the court denied applicant Counsel. SEE Applicant's 11.07 ㅇ 8.
It's a greater Probability had not S. Walker used his (professional, deception, surreptitously), for Applicant not to take the stand in his motion to Abyance for Larry Morgan
*8 defense of Self-defense, the outcome would have been favorable.
Applicant Counsel admitted in his affidavit. SEE S. Walker's affidavit of 4 PEN 2 I did (everything) to convince Mr. Morgan that he should not testify.
Counsel, and his investigator Ms. Cynthia Torrez, came to Applicant in his holding cell with (urgency) for the Applicant not to testify and also, saying if he did he could get up to (99 years). Further, saying as the evidence stood Applicant would indeed be found guilty if he took the stand. Ms. Torrez went on to say if Mr. Walker say don't take the stand, (Please'), don't take the stand (I trust him with my life).
F. FALLURE To INVESTIGATE
The court adopted the state's claim that Applicant fail to support his claim that counsel fail to Investigate. SEE F F C L of $1, S 4,55,56,57, and 58.
Trial counsel made (no reference) that he sought and spoke to any witnesses in motion to Abyanse For carry Morsan
*9 his Affidavit. SEE Mr. Walker affidavit 201 through 16.
Applicant did not present evidence to support the claim. This is because trial counsel failed to enter into The record, the 911 caller whos call was not played to the completion for the Fact Finder. This unbiased, and disinterested witness was not called. Unfortunately, as a prisoner. Applicant has no way of discovering this uncalled witness name, nor how to contact her, to see if this crucial witness would provide an affidavit.
once again due to the manner in which the proceeding have taken place. Applicant can not obtain this witness statement.
Furthermore, (it is a Fact trial) (Counsel) failure to investigate this 911 caller because during trial, and out of the Jury presents, counsel played a crucial part that were favorable for applicant before the state objected to the recording, and trial counsel unaware of the significance of this caller, and Applicant right to call witness in his defense who would provide
*10 INFormalion allowing for a statuory right to defend one's self. Thus Applicant right to defense was denied.
Perhaps the appointment of an Attorney who could identify this witness, and locate and contact her for an affidavit, would give the court what it needs. As it sets there is no way Applicant can identify contact and locate this crucial celler.
G. APPLICANT'S OBJECTION'S ON FILE WITH TRIAL COURT
Applicant presents no evidence to support his claim that he gave James H. Shaw a sim card. SEE FFLL 84, 60 and 61
Applicant never recieved his client file from James H. Shaw his prior. It was the duty of applicant current attorney to get Applicant client file. So Walker fail to do so.
H. PREPARE FOR PUNISHMENT
Applicant refused to discuss punishment. SEE FFLL 84, 63, 64, 65, 66, 67.
Counsel of applicant had from 11-21-2012
*11 until to get applicant's contacts. information, in fact applicant's tried on numerous of occasions to get counsel the information, applicant tried calling counsel, applicant wrote counsel two letters, Applicant will attach these letters as 'exhibits "A", applicant gave counsel his e-mail user name and pin number, applicant later found out Counsel had Sabotaged his primary e-mail address. In fact only counsel and Applicant had Knowledge of this e-mail address, until later applicant gave it to his daughter to 'transfer' information.
It can not be considered reasonable trial strategy to ('Procrastinate'), until the last few hours in the case to prepare for: Sentencing phase, Specifically after applicant told counsel his list of contacts were employers applicant has worked for for years, and would prove Applicant are honestly (egit) in fact they are of all races, and wanted to be present for trial proceeding. There is (No excuse') for counsel to not get this information from applicant's prior.
*12 Attorney James H. Shaw this incompetence should be perplexing to officials of auth- orities, and should not be tolerated in the Justice system. Mr. S. Walker should be held to a higher standard, and be accountable for action in victimization of his clients. This case should be held most (Paramounté) looking back on its paper trail of Mr. Walker's (Professional Performance of Subterfuge), in this case. Further, it is also a fact applicant told Mr. Walker his family had two more sim cards as back up, and wish for him to get one of them, and at the same time inform my family of the trial date, a day before the trial, because applicant had no way of contacting them. (But) Counsel failed to do so.
Again it can not be considered reasonable trial strategy to wait until the last minute to get the letters from Jim Shaw references and contacts and consider yourself a competent attorney without an explanation.
I. SUPPORTED BY ERROAS
R.S. Walker and B.K. Walker affidavits is credible and supported by the record.
*13 SEE FFCL 2 68 69 70. what both counsels showed in their affidavits is what they did not do. All the list of things they did not do was errors. [2] For instance not contacting the 911 Caller was arroncous because see saw the events as applicant stated in his Sentencing phase. [2] Failure to investigate and Subpoena eye witnesses on the original palice report. [3] Failure to Subpoena the arresting officer, officer Salazar base on him not doing DNA testing on the sheetrock Knife, and because of what he said in applicant Bond reduction hearing. I quote, he said he has had a case where the defendant turned out to actually be the victim. [4] Failure to impeach the three imposters applicant pointed out during trial that took the stand. [5] Counsel Failure to show proof of any investigation, other than what was done Just days before applicant's trial. [6] Counsel Failure to show what defense he used. [7] Counsel Failure to use the only defense of the evidences stood self-defense.
*14 IN CONCLUSION
Because of Applicants Counsels erroneous conduct applicants was found guilty on the date herein. Counsels cannot admit to their incompetence in fear of a malpractice suit.
However, herein, I submit to the court lots of errors further, many of counsel errors is not mention in this motion. It's a fact counsel did not do any investigating on applicant behalf. His investigator MS. Cynthia Torrez (said so herself), in applicant's hearing on motion for new Trial.
Further, counsel involve is proof of his procrastinations, and it shows counsel did very little to no investigation. Applicant also made a note of each one of counsel attorney visit, there were no attorney client visit on 3-16:5.
Applicant is in belief its a large Probability had counsel follow the herein leads the outcome would have been different. See attached affidavit.
PRAYER
WHEREFORE, PREMISES CONSIDERED, (APPILIANT) prays that the courts grants this motion to Abyance until complete records as herein requested can be reviewed and 11:07 will better prove his innocence. Further Applicant request appointment of counsel to do so.
*15 VERIFICATION
- LARRY JOE MORGAN, TOCS—ID # 1847262 being presently incarcerated at James A. Lynaugh Unit of TOCS declare under penalty of perjury that the foregoing facts are true and correct.
JOHN MORGAN LARRY S. MORGAN DOB 28 02 1860 Date 12 1272042 1098 S. 4 WY 2037 FT STOCKTON, TX. 79735
CERTIFICATE OF SERVICE
This is to certify that on December 1st 2015 a true and correct copy of the above and foregoing Motion to Abyance was mailed to the Clerk Abel Acosta of the Court of Criminal appeals of Texas at RO. Box 12308 Capitol Station Austin Texas 78711, and court of appeals second District of Texas Tim Curry Justice Center 401 W. Belknap Suite 9000 Fort Worth Texas 76196.
JOHN MORGAN Pros. PROSE
ON 20 come on to be considered, LARRY JOE MORGAN's Motion to Abyance his 11.07 Unit of Habeas Corpus.
(Granited) (Dentied)
JUDGE PROSIDING
Motion to Abyance for Larry Morgan
*16 Dear Mr Walker I am writing you out of Concern, I wrote you a letter i-3i-2013 out of respect, hope ing to get the same in retiern. I only ask for curtibey information.
This has been an ongoing battle, myself and my daughter lifes future is on the line. I called your cell. When you picked up, I only asked too see or hear from you. I do know you'er a busy man and I'm not the only client, just like you dont know me from Adam. I don't know you either. I must stay on top of this, leaving no stone unturned. Please respond with updates. Did all calls. Starting 4 pm. onjauig 4.201 pay off? Was the three Larry's real people and the one. guy with the last name Morgan, all of them on the detective report. rised red flags too me. If you could'nt still get in my Emails, Jim show got everything. Inclueding pictures, I E-mailed it too him. Inclosing I do know how to get in touch with Tony fuller better known as Joker:
Sincerely /ayy Morgan
*17 Dear Me, Walker, your last visit was very appreciated, we was able to go over almost all reports you had. I was going over some notes and run across a important subject, 911 calls, we need to know what they begins and ends on august 9th and time, we need messars report. Wires in storage also even if its abriest letter, I want some kind of update before court. This is just a heedup. I was attacked between 4 and 430 pm but I was revised about 900 pm at the park by medster. Me, Walker please be conscious that everyday. I'm here my daughter, S. Wharms. way, she's been safe with meter nine years, if she gets rape again. I could sit live with myself. Therefore my prayers is that Good give you his speed in this case. I know you need to make money, there fore when this case is done, what I give you will be a gift, I can care up to one thousand dollars a day in my trades also in my notes, one of your letters said you can give me copies of some reports I want a copy of everything possible. I was going my future wife, Belinda Whitehead, may call you for updates, she just found out. This in jail, One more thing I have attacked a low sued against Joe Shanner. Justice Center to my ongoing claims, my credits cards, expired September 20 I'm out of money here, I must use my paper spearingly with all respect to you.
Sincerely, I amy Woman
*18
EXHIBIT 1
DECLARATION OFINABILITY TO PAY COST
(The following Declaration is made pursuant to the Texas Rules of Civil Procedure and Title 6, Chapter 132 of the Texas Civil Practices and Remedies Code.)
Now respectfully comes LARRY TOE MORGAN, TDCJ # 1547262 , and declares that I am unable to pay the court costs in this civil action and requests leave of the Court to proceed in forma pauperis in this accompanying civil action and would show the Court the following: (1) I am presently incarcerated in the LYNAUGH Unit of the Texas Department of Criminal Justice where I am not permitted to earn or handle money. (2) I have no source of income or spousal income. (3) I currently have $ - - credited to me in the Inmate Trust Fund. (4) During my incarceration in the Texas Department of Criminal Justice I have received approximately per month as gifts from relatives and friends. (5) I neither own nor have an interest in any realty, stocks, bonds, or bank accounts and I receive no interest or dividend income from any source. (6) I have dependents. (7) I have total debts of approximately (8) I owe as restitution. (9) My monthly expenses are approximately I, LARRY TOE MORGAN, TDCJ , being present Incarcerated in the LYNAUGH Unit of the Texas Department of Criminal Justice in County, Texas, verify and declare under penalty of perjury that the foregoing statements are true and correct. Executed on this the day of December
*19
*20 Larry Joe Morgan V.S.
STATE OF TEXAS RECEIVED DEC 032015 COURT OF APPEALS SECOND DISTRICT OF TEXAS DEBRA SPISAK, CLERK
IN THE COURT OF APPEALS SECOND DISTRICT OF TEXAS AND COURT OF CRIMINAL APPEALS RECEIVED COURT OF CRIMINAL APPEALS
DEC 142015 MOTION FOR PRODUCTION OF RECORDS
To THE MOST HONORABLE JUDGE OLDER
COMES NOW LARRY Joe Morgan, Applicant
ADVERT
IN the Court of APPEALS SECOND DISTRICT OF TEXAS AND COURT OF CRIMINAL APPEALS RECEIVED COURT OF CRIMINAL APPEALS
HISTORY (Applicant) was convicted of Aggravated assault with a deadly weapon, to - wit: a Knife on March 22, 2013 and sentenced to twenty years confinement.
ON April 3, 2013 applicant's Appellant counsel file two motions along with his motion for New Trial. Request for Preparation of Reporter's Record and Designation of Matters to be included. Written Designation specifying motion for production of records for Larry Morgan
*21 Matters for Inclusion in Clerk's Record. However, the record were never fully Developed, and my Appellant Counsel William S. Harris Subsequently withdraw as Counsel therefore, not withstanding his duties as counsel.
Recommendations From the State and Later Order by the Court:
- Necessity for an Evidentiary Hearing and Expansion of the Record; (‘APPLICANT’S RESPONSE’)
In order to support the 1107. Habeas Corpus applicant need to review and cite in the record Errors of Trial Counsel, and Appellant Counsel, otherwise expansion of the record is meaningless for (‘APPLICANT’), therefore, not in the interest of Justice.
The State’s Law Library should have on File, the Complete record that (‘APPLICANT’) seeks. Applicant request the Court to Compel the Trial Court’s Production of reporter’s records and Exhibits, further, written Designation Specifying Matters for inclusion in Clerk’s record as the appellant Counsel request in his original motion on April 3rd, 2013 to be deliver to the Lynaugh unit of TBCS Law Library for a period of motion for production of Records for Larry Morgan
*22 30 days, so, that applicant may cite in the record errors of counsel. Applicant has the right to a meaningful Habeas Corpus which ("shall never be suspended"). See article (1) Section (12) Texas Constitution.
The denial of Raw material makes for a meaningless review of the errors of counsel, thus the applicant would be denied a meaningful review of his constitutional rights to the effective assistance of counsel, which then infringes on. Applicant right to due process access to courts, right to file Grievance against the Government. The right to be free from cruel, and unusual punishment. See article (1) Section (12), (13), (19), (27), (29), for these reasons (APPILicant) Prays the court order delivery of the records then thereafter, a meaningful review and access to courts. (APPIicant) will remove his (ABYance) on his 11.07 and proceed with the recall of the states finding of fact and Conclusion of Law, as now warrant.
PRAYER WHEREFORE, PREMISES CONSIDERED, (Applicant) prays that the court grants this motion on the merits, and in the interest of Justice. Respectfully Submitted.
*23 LARRY JOB MORGAN (Applicant proSe)
VERIFICATION
I. LARRY JOB MORGAN, TOCS - 1D # 1847262 being presently incarcerated at James A. Lynaugh unit of TOCS declare under penalty of persury that the foregoing facts are true and correct.
LARRY JOB MORGAN D 0 D 22 21 1969 Date is at 20 US 1098 S.HWY 2037 FT Stockton, TX: 79735
CERTIFICATE OF SERVICE
This is to certify that on December 1st 2015 a true and correct copy of the above and foregoing Motion to compel the Production of records was mailed to the clerk Abel Acosta of the Court of Criminal at P.O. Box 12308 Capital Station Austin Texas 78711, and court of Appeals Second District of Texas Tim Curry Justice Center 401 W. Belknap Suite 9000, FT. worth, Texas 76196
DRDER
ON 20—came on to be considered, LARRY JOB MORGAN'S, Motion to compel the Production of his reporters records and Clerk's records from his trial court 396th Judicial District Tarrant County Texas.
(Granted) (Dented)
JUDGE PRESIDING
*24 LARRY JOE MORGAN vs. STATE OF TEXAS, IN PECOS COUNTY, TEXAS
IN THE COURT OF S. CRIMINAL APPEALS S. OF TEXAS S. AUSTIN DIVISION AND S. THE COURT OF APPEALS SECCERBREIVED INSTRICT COURT OF CRIMINAL APPEALS
AFFIDAVIT FOR LARRY DERGEN ORGAN I am Lenny Joe Morgan and I am the applicant in this case. I am over 18 years of age and competent to make this affidavit. I have personal Knowledge of the facts in this affidavit."
From the time I was first represented by my trial attorney Scott Walker I informed him that I had acted in self defense in this case and that I was therefore not guilty. I was not aware that in order to use the defense of self defense I would have to testify at the guilt phase of my trial. My attorney never made me aware of this crucial information.
I told my counsel Mr. Walker that I wanted to testify; After all of the state's witnesses had testified and the state had rested, I believe, that's when Mr. Walker and his investigator, Ms. Cynthia Terrez came to me with urgency to not testify. Mr. Walker
*25
AFFIDAVIT
assured me that the trial went well as I knew it did because of all the con- flicting testimonies by the state's witnesses. counsel also told me not to testify and if I did I would be found guilty. I could get up to 99 years, but if I did Not testify I will be found Not guilty. Mr. Walker (Never) told me he was taking Self defense, because he Knew I would have (Never) agreed Knowing that, Mr Walker Knew I was in GED Classes while in Jail, Mr. Walker took advantage of my literacy.
Upon his assurance and only with his assurance I did not take the stand and was found guilty. Had he not put Fear in my heart, about the 99 years, and would have told me he was taking Self defense off the table, I would have took the Stand as I had told my brothers in christ back in the pod in the prayer circle. I have a sworn affidavit of that Fact with a Number of Signatures. Had he gave me the Necessary information I would have testified to the events of that afternoon in the same manner that I did during my punis mment phase of trial as recorded in the
*26
AEEIDAVIT
trial record.
There were 911 callens of the events of the afternoon: I heard several calls,(but) one stuck out more than the others it was very last caller on the CD-Rom that the counsel played, my counsel Mr. walker. I quote the lady she described what the assailant was wearing just as well as what I were wearing, she said I was being attacked and then she said let her get around the corner so they can't see me. That's when my counsel turned it off. I need to make this part very clear the format of the CD-Rom was the last caller was first and so on well. the last caller, on the CD-Rom was the assailant's girl friend, which makes her a lyer because she said she was just getting there from work, (but) she testified in trial that she was. Satting next to the assailant when I came and cut him with his leg cross. However this is not the caller I been speaking of these last two years, the caller I am speaking of is the last caller played on the CD-Rom during trial.
This caller may have known him (but) she did not know me, (but) her call was favorable to me. Had counsel Identified her
*27
AFEIDAVIT
From her phone number, and interviewed her and subpoenaed her, she would have amplified her statements on the Call. Her descriptions was the events as they were taking place, and was also contrary to the state's witnesses.
Counsel had four additional CO-Roms at his desposal, (I saw them) when he sat them on the table before me. I believe he had every intention to play them (but), for some odd reason he did not. I believe not playing the additional CO-Roms was another erroneous decision.
Applicant told counsel when he was attacked by the assailants if was between 3:45 pm and 4:45 pm, therefore, if were strange when I was revived by Medstar at the crime scene if was dust dork, meaning if was about 8:45 pm. In August it gets dark about 9:00 pm. So if I was Knocked Unconscious at as late as 5:00 pm 3 hours, and 45 minutes is unaccountable for
I told this to counsel in person upon our first meeting and as you will see I mentions it in the attached letters.
*28
AFFIDAVIT
Further, its a Probability the five CDRoms will solve the loss of 3 hours and 45 minutes for the applicant, and the court.
Its a fact the second time I was sta bbed I was unconscious. It is also a fact I saw the complainant blood on my sheetrock Knife from defending myself from being stomped heavily after he knocked me to the ground.
Again these CD-Rom discs houses some tanigble information, to keep them will be great in-justice if they are not Concealed.
My counsel Mr. S. Walker (Never) delivered my client files to me, therefore, mr. Walker is continuing to imped my case, according to the Texas Board of D isciplinary rule 1.14 Safe keeping Property (b), m. Walker should have delivered me my client files upon request. Furthermore, I have documentation that said he has 261 items. I have mailed mr. walker numerous of request for my client file, and I have gotten (No reply).
Again this 911 caller I speak of was 1.5.2.2 presenting that I was being attacked. Counsel failed to Identify, and investigate
*29
REFIDAVIT
her this cannot be considered sound trial strategy. She held facutal information disclosing I was in fact being attacked by the state's chief Complainor, who was the assa- ilant in this matter. "I am unable to obtain listen to or create a transcript of this caller without the disclosure of the trial reporter records, therefore I am being impeded to do a meaningful 11.07. writ of Habeas corpus." " have presented material facts that is still unresolved, and is misrepresented by Trial Counsels as the issues complained of. Trial Counsels failed to investigate all the 911 calls specially the one mention in my motion to abyence my 11.07 and herein this affidavit. Which is crucial to the defense of self-defense and also a disinterested third party."
Had min.walker listened and understand me in my description of the events he would have Known the cut on the Complainant's leg was caused by the Complainant stomping me, the heel of his foot were also in Jured. 1 had no idea the assailants was fixirg to attack me. (They had no reason to).
*30
AFEI DAVIT
Further, if the assailant told the police I was chasing him as he did, I would had to be a really. Fast runner to cut on the inside of his leg, as he told the police. Further, I told my counsel I have two plates, and 15 screws in my right leg its impossible for me to run fast, my 12 years old daughter can out run me.
Again its hard to decipher Counsel reason for failure of, subpoenaiing the arresting officer. Counsel failed to give his client an opportunity to show physical evidence by not doing DNA testing. Further, Mr. Salazar Statement in my bond reduction hearing was crucial to my defense of self-defense.
Inclosing all the facts herein and in my motion to abjance my 11.07 shows clearly counsels erroneous performance; and clearly shows ineffective assistance of Counsel, and to add to it counsels impeding my appeals by not delivering me my client. Files as requested so many times. This is not action of reasonableness its Sabotage, and should be dealt with as such. By me being attacked by the three Perpetrators, the Complainonor first beat me an top my head with his fist causing severe bleeding of the front portion of my head afterward stabbing before Knock
*31
AFFIDAVIT
ing me unconscious by the third person, this blow was in the back of my head while the other perpetrator was keeping me busy Stabbing at me from the front. This causing me to have (three miel's, staples, and stitches afterwards the hold top portion of my head was one big scab.). "Now I have short term memory lost Arthritis in the hands I held up trying to defend myself. And the perpetrators is loose free to attack someone else." I am requesting appointment of Counsel in the interest of Justice. Again my actual relief is granting my -11.07 so that Justice will be served. My second form of relief is to grant my Abyance, and allow me the Tools which is my Trial records as requested so I can do a meaning.ful 11.07 in the interest of Justice.
This conclude my affidavit.
VERIFICATION
- LARRY JOE MORGAN, TOCS-ID# 1847262 being presently incarcerated at James A. Lynaugh unit of TOCS declare under penalty of persury that the foregoing facts are true and correct.
*32