Case Information
*1 Date: December 10,2015 William Hayward Freemans, Sr. T.D.C. I-CID No. 1878813
Allen B. Polunsky Unit 38.12 F.M. 350 South Livin 1951
RECEIVED IN COURT OF CRIMINAL APPEALS
DEC 212015 Re:Causc No. 1322257A W.R-835228-03 Styled In Re: William Hayward Freeman, Sr. Clerk for the Court of Appeal P.O. Box 12308
Austin, Texas 78711 Dear Nr. Abel Acosta, I recieved your card, stating that you had recieved my application for 11.07 wirt of Hab easCorpus on 11/30/2015, but you didn't state that you recieved also my Hab eas Corpus 11.01 Supple ment. If you did Not recieve it, I am sending you a duplicate copy of the one that I mail to the Harris County District clerk, Mr. Chris Lawieb. If he didn't send the copies of the exhibits that was with them, let me know And I will try to get them, I hope that you can get them. Thanks.
Sincerely, William Hayward Freeman, Sr. William Hayward Freeman, Sr.
*2 NOOI-13-00723-CR-PD1546-14 IN THE COURT OF APPEALS FIRST JUDICAL DISTRICT OF TEXAS AT HOUSTON, TEXAS WILLIAM HAYWARD FREEMAN, SR. Appellant, v. 3.
THE STATE OF TEXAS Appelle.
ON APPEAL FROM CAUSE NO: 1322259 IN THE 1824D DISTRICT COURT OF HARRIS COUNTY, TEXAS APPELLANTS HABEAS CORPUS 11,07SUPPLEMENT
WILLIAM HAYWARD FREEMAN, SR. T.D.C.J. NO: 1878813
POLUNSKY UNIT 3872 F.M. 350 SOUTH LIVINGSTON, TEXAS 77351 PRO/SE
*3 NO: 01-13-00 723-CR-PD 1546-18
WILLIAM HAYWARD FREEMAN SR IN THE COURTOF
Appellant V.S.
THE STATE OF TEXAS
Appelliee
APPELLANTS HABEAS CORPUS 11.07 SUPPLEMENT
TO: THE HONORABLE JUDGE OF SAID COURT.
COME NOW, APPELLANTS here in the Super-5-titled Caution and numbered cause, files this, his motion requesting leave of this court to file my Habeas Corpus 11.07. Supplement brief pursuant to F.R.A.R Rule 38.7 and respectfully move this Hounrable Court in the interest of Justice will, Show this Court the following to suit:
STATEMENT OF THE CASE
Appellant was charge by indictment with aggrauated sexual assault of a child by plea was not quitty.
STATEMENT OF THE FACTS
The state has submitted the facts of the Appellant William H. Freeman, Sr. Trial case. I William H. Freeman, Sr. Appellants, 1st Year, 2 Habeas Corpus 11.07. Supplement brief to my case, issues that was not presented.
*4
III
ISSUES THAT WAS NOT PRESENTED
(Ineffective assistance of trial Counsel, and Violations of the prosecutor against the deforotant)
I am raising ineffective assistance of counsel, also a violation of the prosecutor against the defendant, as a federal constitutional claim, as well as a claim violation of state effective Counsel guarantees under 82.037 the oath of an attorney (3) discharge the attorney's duty to his client to the best of the attorney's ability. Rule 1.01.101.12.101.13.101. end diligent representation (8) I'vepresenting a client) A lawyer shall not (i) Neglect a legal matter entrusted to the lawyer or frequently fail to carry out completely the obligations that the lawyer owes to a clients decisions as such as the duties of his private investigator and etc.
I was denied my rights to the effective assistance of Counsel at trial in violation of 5th, 6th, 8th, and 14th amendment rights of the U.S. Constitution, and the Texas Constitution. Art. 18.10.64 the trial Court abuse of thiscretion in my motion to suppress my Unwanned inadmissible and incriminatory statements involving all case laws below.
ExParte Brändley 781 S.W.2d. 886; Goodman V. State, 210 SW. 3d 805; Mooney V. Holahan, 294 U.S. 103, 55, S. et. 340, 794. Ed. 791 (1935); Pyke V. KANSOB, 317 U.S. 213, 655. Cf. 172.874. Ed. 214 (1942); ALGARTA V. Texas, 655 U.S. 28, 78 S.ct. 103, 21. Ed. 2d 9 (1957); MILKY V. Pate 386, U.S. 187 S.ct. 785, 174. Ed. 2d 690 (1967); U.S. V. Agurs, 427 U.S. 97, 103, 965. Cf. 2392, 2397, 494
*5
Ed. 2d. 342, 349 (1976) (citing Modney); Giglro v. United States, 405 at 154, 425.ct. at 766,311. Ed. at 109; Leaders v. State 256 S.U. 3d 245 (Tex. crim. App. 2008); Anderson V. Johnson 338 F 3d 382 (5th Cir. 2003); Brookhart V. Jannis, 384 U.S. 1,7-8 (1466); A8A Model Rule 3.8; U.S.V Earth 728 F 3d 327 (4th cir. 2013); U.S. V Tavern 719 F 3d 705 (6th cir. 2013); Ex Parte Ghghremeni, 332 S. W. 3d 470 citing Napue V. Illinois, 340 U.S. 264, 269, 79 s.ct. 1173 (1659)
SUMMARY OF ARGUMENT
Ineffective assistance of trial counsel, and Violations of the prosecutor against the defendant.
I am raising ineffective assistance of Couns el, also a violation of the prosecutor against the defendant, as a federal Constitutional claim, as well as a claim violation of state effective counsel guarantees under 82037 the oath of an attorney (3) discharge the attomeys duty to his client to the best of the attomeys ability. Rule I:01 Com pent and diligent representation (8) In representing a client, a lawyer shall not ( aqlect a legal matter entrusted to the lawyer or frequently fail to carry out completely the obligations that the lawyer owes to a clientdecisions as such as the duties of his private investigator andetc.
I was denied my rights to the effective assistance of counsel at trial in violation of 5th, 6 th, 8 th, and 14 th amendment rights of the U.S. constitution and the Texis Constitution Art. 1810, by the trial Court abuse of discretion in my motion to suppress my un w arned inadmissible and inc riminating state-
*6
ARGUMENT
I have two arguments; (A) A Violation of the prosecutor against the defendant. The prosecutor, Mr. Lewis, fail to subpoena Kalise Richards, Kensharp Richards, and Mary Knaphter, after receiving an order to serve Daja Frye, Deshauwdra Gbadanişu, with instruction to bring Symeria Mayes, Kalise Richards, Kenshara Richards, and Mary Knaphter to appear before, the Honorable Jewnine Bar, District Court No. 182 Harris County, Texas on August 12th, 2012, see exhibit 1 page 2, 4150 See exhibit 1 page 1, at state pre-trial Kalise denied being toveh by defendant William Mr. Lewis prose-cutor fail to subpoena Kalise Richards, because she said at state pre-trial. The defendant, william didn't touch her. The prosecutor didn't subpoena Kenshara Richards because she wasn't their, but Kalise Richards her daughter told her that the defendant, William did not touch her. The defendant due process is violated when the state, Knewingly use false testimony. Ex-Parte, Chahre oan, 332-510, 2d 470 C thing Name: V. Thonis, 360 U.S. 26th, 269, 29.5. ct. 113 (1959) Knewingly use of false testimony violates due process where their is a reasonable likelihood that the false testimony affected the outcome. The prosecutor didn't subpoena Mary Knaphter, the Grandmother, because she never lived with me the years Beshamdts said I Sexually as s-aulted her, Nor did I ever lived on the street, Deshauwdra-saiy. I tive on. The prosecutor has another industry to seek justice.
*7 they must serve truth and justice, first their job is Not to win, but to win fairly by staying within the rule, and not putting winning a conviction above their ethical obligation. In order to win, and find me guilty he refused to fill fill the orders given to him; by the courts, he refused to subpoena those witness, which shows he is being secretor or secretos in this case which violated my rights to a fair trial. See U.S. V. Bartko, 729 F. 2d 327 (4th Cir. 2013; U.S. V. Tauera, 719 F 3d 705 (6th Cir. 2013) The prose autor abandoned their obligation to seek justice, and focused on under-handed methods to win in violation of ABA Model Rule 3,2.
The prosecutor has the burden of proving the defendant guilty, and he must do so by proving each and every element of the offense charged beyond a reasonable doubt, and if he fails to do so, you must about the defendant.
The duty to correct KNown false evidence is not only a prosecutional ethic, but a constitutional requirement; see mooney V. Holiohav, 294 U.S. 10,355 S.ct.340, 791 Ed 791 (1935); also see pyle V. KANSOS, 317 U.S.213, 63 S.ct.172, 876 Ed, 214 (1942); Alcorta V. Texas, 355 U.S.22, 78 S.ct.103, 21 Ed 2d 9 (1959) and Miller V. note 386, U.S.1, 87 S.ct. 785, 1712 Ed 2d 490 (1967). It does not matter whether the prosecutor actually KNows that the evidence is false, it is enough that he or she should have recognize the misleading nature of the evidence. See U.S.Aqurs, 427 U.S.97, 10396 S, ct. 2392, 2397, 491 Ed, 2d, 342, 349 (1976) (citing Mooney for principle that due process is violated when false evidence goes uncorrected by a prosecutor, who KNOW or should have KNown, of the perjury?) Giglio v. United States, 405, at 154,92 S.ct. at 766,316 Ed,et 109. (Whether the NONdisclosure (IS) a result of
*8
Neq ligence ordisign, it is the responsibility of the prosec utor) Ex Parte Brandley, 791 S.W. 2d 886, Improper state inves titative procedure may result in denial of accuseds rights to due process of law U.S.C.A. Const Amend. 19. Landers V. State 256 S.W. 3d 235 (Tex. Crim. App. 2008) (NO. PD-1065-07, 6-18-08) "For a prosecution attorney to 'suitch sides' in the same criminal case is an actual conflict of interest and constitutes a due process violation even without a specific showing of prejudice. this has been called a 'hard and fast rule of disqualification
INEFFECTIVE ASSISTANCE OF COUNSEL UNDER THE VIOLATION OF STATE EFFECTIVE COUNSEL GUARANTEES UNDER 82,037 THE OATH OF AN ATTORNEY
I requested to my trial attorney, would he hire me an private Investigator to help him to do the things that I wanted done, he told me he would, he told me that he hired Cynthia Patterson to help me.
Cynthia Patterson visited me in the county jail on January 23,2013, at least she introduce herself as Cynthia Patterson, I didn't see no business. Card.
I wrote her a letter to subpoena my ex-wife Marilyn Freeman, Mary Knighten the Grand mother of the complainant, Ebony white, Monica white, mother of Ebony, police report of me sexually assaulting Deshauwdra Gbadamosi, C.P.S. records, police records of me sexually assaulting Ebony white. I also gave her in the letter, direction how to get to my ex-wife house, the direction was in the records, but the letter wasn't the recorded. See exhibit I, page 5,
*9 Which means it was a letter to give her instruction on what I wanted her to do.
Did the private Investigator Cynthia Patterson error by not doing what I ask her to do for me.
In her interview, see exhibit 1, page 3, she mention Pulate, I don't know where she got that Name. but, I never had a wife Name Pulate, I never knew anyone name Pulate.
She interviewed my ex-wife Marilyn Freemen for how long we were married and about our divorce which has nothing to do with my case, again look at exhibit, page 5. Cynthia Patterson didn't do any thing I ask her to do. see Brookhart v. JANIS, 384 U.S.1,7-8 (1966) observing that a lawyer must not Override his clients desire, which he did.
If my trial attorney would have requested his private investigator to, subjoene the people and records I asked for the juty verdict would have been different.
Each person admitted to practice law shall, before receiving a license, take an oath the person will support the constitutions of the United States, and this state, honestly demean himself in the practice of law, and discharge the attorneys duty to his client to the best of the attorneys ability. In representing a client, A lawyer shall not. Neglent a legal matter entrusted to the lawyer, or freightly fair to carry out completely the obligations, which he did not do.
My trial attorney was aware of the people I asked him to subpoena because on January 28, 2013, and January 29, 2015 when I went to trial under the Honorable Jay W. Burwell in the same court room, and the same case, which the witnesses didn't show.
*10 I wrote on a piece of paper, see exhibit 1, page 4, down some of the people that I wanted to be subpoena, he refused to do so, and let the trial goon.
Also see exhibit, page 2, here my trial attorney was aware of who the prosecutor was ordered to subpoena which the prosecutor fail to do, and my trial attorney didn't object, but let it go to trial without the witnesses.
Defendants due process rights were violated when an attorney represents a client and then participates in the prosecution of that client in the same matter of another matter with a substantial relationship to the first U.S.C.A. Const. Amend. 14.
UNSWORN DECLARATION THE STATE OF TEXAS COUNTY OF POLK
STATEMENT OF THE EVENTS SURROUNDING THE RACIAL PROFILING AND ARREST OF WILLIAM HAYWARD FREEMAN, SR. APPELLANT AND VIOLATION OF SEKUAL ASSAULT WARNING RIGHT
I WILLIAM HAYWARD FREEMAN, SR, declarant born January 25, 1944, I am presently illegally incarcerated at the Allen B. Polunsky Deathrow prison unit 405th TL of T.O.C. J-CID = 1878813, in Livingston, Polk County, Texas, 77351, I declare under penalty of per jury that the foregoing is true and correct to the best of my recollection.
*11
VII
STATEMENT
MY SIDE OF THE STORY
If the prosecutor would have subpoena Kalise Richards and had her to testify in front of the jury, her testimony would have been, he, the defendant, Never touch me.
If the prosecutor would have subpoena Kenshara Richards, which is kalise mother, would have testified to the jury, the same thing, because that is what her daughter told her, because Kenshara was not their.
If the prosecutor would have subpoena Mary Knightow, which is the grand mother, she would have testified that doing the time we dated, doing the time, and after our two children was born, she would have testified to the jury, that I lived with my wife, Marilyn Freeman, on Fairland Street, which would make it impossible for me to have been touching or rubbing on her private parts every night at a location I never visit or lived (Deshawdra (badamosi). I'm speaking about as her.
If my trial attorney would have subpoena my ex-wife, Marilyn Freeman, she would have testified that during our Marriage of 15 years from 1984-1995 I never stayed out all Night from home.
If my witness would have been subpoena the outcome of the verdict would have been different.
Excuted on the 8th, day of October 2015, witlkiw Hayward Freeman, Sr.
*12
YII
DRAYER
WHEREFORE, PREMISES CONSIDER,
Appellant, respectfully requests the Court to reverse and render this cause with instructing to dismiss the indictment upon finding that I was improperly represented through ineffective of counsel. If I would have been represented properly my results would have been different, futhemore, I pray that this Honorable Court will instruct the District Court to release me back in the custody of the Harris County sheriff office fore an new trial.
Respectfully Submitted: www.ham-Hayward. Shemons, Ss. William Heyward Freeman,Sn
*13
*14 CERTIFICATE OF SERVICE
The Defendant, I William Hayward Freeman, So do declare under the penalty of prejury that the above is true and correct to the best of my Knowledge, and that this was prepared while I was in my right state of mind, and placed in the U.S. mail to the clerk for the Court of Appeals Mr. Abel Acosta, at P.O. Box 123.08, Austin, Texas 78711, Executed on the 10th day of December, 2015 at the Allaw B. Polunsky Unit, 3872 F.M. 350 South, Livingston, Texas, 77351
William Hayward Freeman, Sr. William Hayward Freeman, Sr.