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Hamilton, Victor Glenn
WR-79,089-03
| Tex. App. | Dec 17, 2015
|
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Case Information

*1

79,089.03

NO. 10 , 886 − B

EX PARTE VICTOR GLENN HAMILTON.

IN THE 21ST DISTRICT COURT

OF

BURLESON COUNTY, TEXAS.

MEMORANDUM

This Court finds that there is no necessity for a fact-finding hearing because there is ample evidence in the record to rule on the relief sought. This Court also finds that the assertions contained in the State's answer are correct and recommends that the relief requested be denied.

ORDER

  1. The Court directs the Clerk of this Court to file these findings and transmit them along with the Writ Transcript to the Clerk of the Court of Criminal Appeals as required by law.
  2. The Clerk of the Court is ordered to send a copy of this order to the Applicant, and to send a copy of this order to the Burleson County District Attorney's Office.

SIGNED AND ENTERED this

DEC 172015

Abel Acosta, Clerk

*2 In 12 Nov. 2015, received letter of receipt that your Nirt of Habeas Corpus has been received and delivered to the Burleson County District Attorney. On 19 Nov. 2015, received Memorandum: relief requested denies, transmit findings along with writ Transcript to the Court of Criminal Appeals (no response). 17 Nov 2015, received State's reply to Petiotion for writ of Habeas Corpus. Writ of Habas corpus: Withheld evidence in violation with Brady, suppression of evidence such as to violate right to fair trial. I still today have no knowledge. Depending on the drug and the amount, the penalty can be anything from 6 months in county jail to life in prison. Evidence was never disclose before, during or after trial. Reieved 20 years Delivery of a Controlled Substance X2. Prosecutor (DA) still; withheld evidence at trial, and continues to suppress evidence to determine, aggregate weight, including adulterants, or dilutants to support conviction. In Francis y State 890 S.W. 2d. pg. 513 (Tex. App-Amarillo 1994). [7] When delivery is by actual or Constructive transfer, the substance must be proved to be a controlled substance. The process is violated when the prosecution knowingly presents materially false evidence to obtain a Conviction. The prosecution has a duty to disclose exculpatory evidence in its possession or control when the evidence may be material to the outcome of the case. On 3 June 1993, ORDER of RESTITUTION was ordered to pay $420, to the Dept of Public Safety P.O. Box 4057, Austin TX 76733, Description Analysis Vol M-35 page 389. Also was denied same analysis on 24 Apr. 2014. Crime Labratory Service-Motion for Discovery Denied 23 Mar 2015. Hamric y U.S. 386 F 2d 390 (1). alledged suppression of evidence such as to violate the right to a fair trial. Knowniy use false evidence were both litigated. Fart that discovery alouse violates constitutional gourantees and mis representation erode faith that justice is achievable 2. Bartko y State 728 F. 3d. 327 Abuses by prosecutors which have resulted in untold numbers of compromised trials, sentences and wrongful convictions. "Michael Morton Act" - Favorable evidence and not merely "exculpatory" evidenceen is required to be disclosed under Brady requirements. Signed May 16, 2015. Crav. Fict. Perry. Need

Case Details

Case Name: Hamilton, Victor Glenn
Court Name: Court of Appeals of Texas
Date Published: Dec 17, 2015
Docket Number: WR-79,089-03
Court Abbreviation: Tex. App.
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