Case Information
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W THE TEXAS COURT OF CRIMINAL APPERALS CAUSE NO. 2483 W
EXPANTE
REEMPERALS
TREVION DANTE NAVY I INTEREST:
Applicant
TREVION DANTE NAVY
TREVION DANTE NAVY'S ORIGINAL APPLICATION
FOR WRIT OF WASEAS CORPUS PURSUANT TO ART. U.S.A TEE. CODE CRIME PROC.
TO The Honorable Judges of Said Justice Cast: Courtes Hons, Trevion NAVY, Ex Rute, and Bulges this his great wuit of hasens Copps. And in doing so, applicant shall show the this COURTS DISTIDN
JUKISDIGTION
| NAVY, Ex Rute, bulges this wuit pursuant to | | :-- | | ADVU.SA, U.S.A, U.S.A, S2.01, U.S.A, of Tex. | | Code CRIME PROC. A) Limited States | | Constitution NON Amend. sec. 7 |
*2 CONCIVEENTS
I
On or about 11/3-14, the applicant was charged with a felony offence of the 25th degree of aggravated Robbery.
II
On 11-9-15 the applicant filled proper remedy motion to dismiss possession, because no indictment has been presented during most ground-jury term.
III
On 11-17-2015, the applicant was still incarcerated so did applicant filled a pre-tidal visit of habeas Corpus pursuant to Act 11/10 (Text Code Ccim. Prox.)
IV
Applicant, through thesis county district Clerk Chris Daniel's website, has found that applicant's judge did grant such visit. But, sheltate requires a reform be made.
V
Since no reform has been made, applicants liberty and due process remains violated.
VI
Evidence lacks from prosecution to conviet applicant, which's why applicant has met been indicated.
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ABOXIMENTS WITH MATHORITIES
Act. U. 29 Tex. Code Crim. Proc. states" The person on whom the writ of habeas Corpus is served shall immediately obey the same, and make the return required by law upon the copy of the original writ served on him and this whether the writ be directed to him or not." Act. U. 30 Tex. Code Crim. Proc. states" "I have upon an examination under habeas Corpus, a judge or court it appears there is probable cause to believe that an ethese has been committed by the presence, he shall not be discharged, but shall be committed as admitted to ball." Where in this case an examination under habeas Corpus has not been given as required. Act. U. 31 Tex. Code Crim. Proc. Case lacks sifticiency. Act. U. 33 Tex. Code Crim. Proc. states" No presumption of guilt arises from the mere fact that a criminal accusation has been made before a Competent Authority." Which in this case a presumption of only been say and lack of evidence support reasons why no indibtment exist.
*4 Under Act 32.01, Defended in Costly and no indiment possanted states" trial court is authorized to dismoss indiment with prejudice under the following circumstances: trial court sets aside, quashes, or dismosses indiment for debt of or substance; trial court dismosses indiment when defendant has been denied constitution al right to specify trial, or, possuent to Code of Criminal procedure provising accused is detritued and no obeying instrument is properly presented. State V. Ferraz as (App. 5 Dist. 1996) 932 S.W. 2d 2023, relieving overcuted, pollution for discretionary review granted, reversed 962 S.W. 2d 35, on remand 970 S.W. 2d 157, Indiment and information key 146.2."
Act 11.30 Sex, Code Criminal State" The Judge or Court before whom a person is brought by will of habeas Corpus shall examine the unit and the papers attached to it; And it no legal cause be shown for the imprisonment or restralat, or it if appear that the inprisonment or restraint, Thagbt at Rest legal, Cannot for any cause be curdally prolonged, the applicant shall be discharged."
United States Constitution 1474 Amend. ser. 2 states" All persons born or notralized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State therein they reside. No state shall make or enforce any law which shall abolish the privileges or
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PRINER
Wherefore, Applicant, proys that this Havorable Cost grants such writ on grounds that a roton mist be made, so lavblness and unlavblness can be determined. Whleh in this case illegal rottaint shall be abolished, and liberty can be secure.
VERIFICATION LNSWORN DECIGRATION
I, Trevton Dante Navy, Spind 02762719, being presently incercerated at the Horris County Tail, in Horris County, Texas, declares under penalty of perjury that the foregoing instrument is true and correct to the best of my knowledge. Pursuant to Federal Law (A &; U.S.C. 17516) and state Law (Vit.C.A.) civil practice and Remedies Code 132.001-132.003)
Executed on this 10TH Day of December, 2015