1% 1^5-0^ IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02 6/18/15

Abel Acosta Clerk ofThe Cn, ,RT nlSK0 m Texas Court ofCriminal Appeals C°URT °F CR,MINAL APPEALS W. 14th Street ,,,,, ..

Austin, Texas 78701 JM 18 ^015 Nema Bardin 45@f ^gOSfa, Cterk P O Box 772 ' wrK Austin, Texas 78767 512-487-0197 bardinnema(a),vahoo.com RE: WR-78,16>5-02 Chadrick B. Pate Supplements to the Record missing on The Texas Court of Criminal Appeals Website under Case Mail. (Contact with the Court on Emergency Proceedings) Deac Mc. A-oista.,

This letter is a communication to you and to The Justices pursuant to TRAP 9.6 and is filed along with the second filing of copies of supplements to the Writ filed originally on 6/9/15 and 6/11/15 that may or may not be lost in the Clerk's file.

1 am the Petitioner in the above referenced Writ.

I have requested from the date of the first filing of the Original Writ on 5/19/15 and throughout these filings that the Writ be considered on an Emergency Basis. I provided good cause for the request in that the underlying Judgment A-08-5080-4CR in this Cause is Void and my son has been illegally imprisoned under this Void Judgment for more than 7 years now. I request again, in the interest of Justice and the: Miscarriage of Justice already done that the Proceedings be managed as an Emergency and.in.a,eYJjsdient manner.

I notified you first on 6/17/2015 via email and then by phone that same day, that the supplements filed or iftn? catcsc catrcfcr tftc dates <ff6i'9i'iS and 6i'l h'15 had mi been viewable <m the Texas C<mct &f Criminal Appeals sincethe 16th of June 2015.

1 checked aga'nn throughout mis day starting at Vam. It is now "1 pm, and these documents are stiii nol viewable.

These documents were all viewable prior to 6/16/15.

Youtook the titme yesterday to try and locate the documents, but were unsuccessful. You advised me to check the website again today. (1) Because these Supplements to the Original and Amended Writ are "time sensitive" in that there is included in the se documents an Emergency Motion for Leave to File",and because the documents were not located viai your search yesterday, I am delivering in person copies of all ofthe documents that I filed on 6/9/15 and 6/11/15. All ofthese documents were already delivered via U.S. Postal Mail to all the parties in tMs cause. (There was also an Emergency Motion for Bail Relief filed on 6/2/15 that has had no action taken)

1am requestinig that the Original Writ and the Amended Writ filed on 6/2/15 that is incorporated into the Original Writ filed 5/19/15 along with the copies that I am resubmitting here today and all other documents in this cause be given Preferential Treatment in the Courts Scheduling in accordance with TRAP 43.6 (The Court may make any other appropriate order) and Tex. Govt. Code 21.001 (b) (A Court shalll require that proceedings be conducted with dignity and in an orderly and expeditious, manner and control the proceedings .so that Justice jnay be done.

1am aware thait because I am a pro se litigant that my pleadings/ filings may have not all have been skffft kr$ +&& -inm-eiX prattd'area, tg> \ ?em wja-cJwctotei iTi*&» tew, ?a*& ¥aw% V/asl to frgore Wre&t; +<&ffigs -wcA. as I go I have corrected the things that I learned that I had incorrectly filed and refiled them accordingly, anid have done my best. There have been 4 defense attorneys in this matter that could not "get it right'' f am doing the filings myseft" because "Tcare" and* while emotional'to the cause, f am also aware of the INJUSTICE done to my son.

I have provided documents from the trial court records that prove that the Judgment is Voidand that my son is illegally imprisoned. It is my opinion that based on these trial court records that The State and allparties to this Cause have waived their right to offer any response, and that this Court has the inherent poweir to Rule and provide Relief to my son based on the trial court documents provided, The Statement of Facts, and My Sworn Statements.

I know that I have made mistakes in the filings but that is because I am not a lawyer . Lawyers study for years, and still do not apply the procedures or laws properly. I witnessed this in my son's trial and watched 4 different lawyers and 3 prosecutors fail to follow procedure.

This Court has; opined that" Constitutional Rights are Superior to procedural rules and procedural rules must yield to tJhe, Superior rights, ntavided by me,Canstibjtiaa,. Alsa in TRAP vjle, 8.3 (K A judgment shall not be affirmed or reversed or an appeal dismissed for defects or irregularities in appellate procedure either of Form or Substance.

Please provide whatever and all releif requested in the filings that I have submitted starting on 5/19/15 through this daite as expediously as is possible for this Honorable Court.

<ctfully, ]

a\Bardir

(2) IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02 CERTIFICATE OF SERVICE

I do hereby certify that a true and original of the above and foregoing LETTER to Clerk of the Court and Th e Court/Justices was personally delivered to the Clerk of the Court Texas Criminal Court ofAppeals on the 18th day of June, 2015 at 201 West 14th St. Austin, Texas 78701 and sent regular mail to The Aransas County District Attorney North Live Oak Street Rockport, Texas 78382 Judge Janna K. Whately P O Box 700 Sinton, Texas Texas Department of Criminal Justice West 14th St 5th Floor Austin, Texas 78701 IN THE TEXAS COURT OF CRIMINAL APPEALS WRIT NO. WR-78,165-02

CERTIFICATE OF SERVICE

I do hereby certify that a true and original of the above and foregoing LETTER to Clerk of the Court and The Court/Justices and copies of all supplements fded on 6/9/15 and 6/11/15 to Writ WR-78,165-02 was personadly delivered to the Clerk of the Court Texas Criminal Court of Appeals on the 18th day of June, 2015 at 201 West 14,h St. Austin, Texas 78701 IN THE TEXAS COURT OF CRIMINAL APPEALS WR-78,165-02

TABLE OF CONTENTS

TABLE OF CONTENTS

LETTER TO CLERK AND JUSTICES/COURT

6/9>/15 COPIES OF SUPPLEMENTS TO THE RECORD THAT INCLUDE

EMERGENCY MOTION FOR LEAVE TO FILE SUP PLEMENT TO ORIGINAL AND AMENDED WRIT ADDING PARTIES

AND

6/11/15 COPIES OF SUPPLEMTNS TO THE RECORD THAT INCLUDE COMPLETED AND SIGNED CERTIFICATE OF SERVICE ORGINALLY FILED 6/2/15 BUT NOT SIGNED FOR THE AMENDED EMERGENCY WRIT OF HABEAS CORPUS REFILED EXHIBITS # 15 AND #20 TO ORIGINAL AND AMENDED WRITS

COMPLET ED SIGNED AND NOTARIZED OATH ORIGINALLY FILED 6/2/15 BUT NOT SIGNED OR NOTARIZED FOR THE AMENDED EMERGECNY WRIT OF HABEAS CORPUS whirs

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t^Vtff erffkfl* +ft*+ IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE

Oaa& t fIfe'lsamS kistiiiiiii, West 14* Street

Nema Bardin PQ£ox772 AanssBikii, Tesas 1 W (^kemsssm

iRer. ^ggqpifaTWifTr<«t ."il^vtAf^tr^ggmtal-iamd^imiHMtntad j \mWR-7^rlS5-02

<6M;

fSirt^ tfciiiimr^iMTidfemHntoai afiswc. It mm a feihara^fe^rasii^iit tfta I Afl East sow fe praties.

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/ IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PROSE NEMABARDIN P.O. BOX 772 xosma;Ti!niiAV7sw?

512-487-01SJ7 bardiimem:a(.a)yahoo.com

EX PARTE: FROM CAUSE NO. A-08-5080-4CR CHADRICK: B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS. 3ANNA*. WRATELV TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT.

CRIMINAIL JUSTICE

SIPPLE^M^WT TOORIGINAL sadA9IENDE&E»lESGENC¥ HABEAS CORPUS PROCEEDINGS IN WS-7& -1&4Q CBARRICKR PATE

COVER SHEET IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BA1R DIN P.O. BOX 77 2 AUSTIN, TEXAS 78767 512-487-0197 [email protected]

EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS vs..

JANNAK. YVHATELY TRIAL JUDGE STATE OIF TEXAS DHtECTCJR. OFTEXASTJEFT.

CRIMINAL JUSTICE

WR-78.-165-02 CHADRICK B. PATE

TO THE HONORABLE JUDGE OF SAID COURT: Now Comes, P'et itioner Nema Bardin pro se on behalf ofApplicant Chadrick B. Pate and respectfully submits this supplementto itft e Qhginaf antf Amendea'EmergencyM6eas Corpus tfiThgs in WR- T6, i<ff-$2Cnabhcft S. Pate.

The supplement is broughtto add all named parties identified above and in the list that follows.

JANNA K. WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT.

CRIMINAL JUSTICE

Petitioner is unischooled in the proper procedures of the Honorable Court and while she is not sure she has interpreted 'toftTctaat'wmsih'y 'rcn'teftTires -eft yervaxnt^'Bi tbiisvmkwR,?; tfi vatftRni, ,&it'rtaipti&&&{ty TeqcftSivB,>ft^.t/afi*is> •iWcra'Trw to add the partiies; in order that she does not abuse any procedures that would require the dismissal of the Writ for her failures. The A pplicant deserves relief as he has been incarcerated for more than 7 years pursuant to an illegal Court, and for "th e Officer's of the Court Tampering with the Government/Court Record, in Cause A-08-5080-4CR Chadrick B. Parte:, from the 36th Judaical District Court, Aransas County Texas.

Respectfully Submitted, Nema Bardin Petitioner pro se of IN' THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS § WRIT NO. WR-78,165-02 CHADRICK B. PATE

Clerk of The Texas Court of Criminal Appeals Austin, Texas West 14th Street Austin, Texas 78701 Nema Bardin PO Box 772 Austin, Texas; 78767 512-487-0197 bardinnemafg).'.vahoo. com

Re: Supplement To Original and Amended Emergency Habeas Corpus Proceedings inWR-78,-165-02 Chadrick B. F'aite Dear Mr. Acosta, Please find eniclosed " Supplement To Original andAmended Emergency Habeas Corpus Proceedings that adds partiesto the Writ and provides a Certificate of Service to all parties added to the previously filled documents referenced above. It was a failure/oversight that I did not serve the parties, as I was,•unsure of the otoner procedure calling,for service to these parties. Please file this Supplement under WR-78,165-02 immediately. All parties listed in the Supplement have now been served(See enclosed Certiificate of Service).

Th

rP OBox 77^ Austin, Texas 78767 [email protected]

v IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BAJR DIN P.O. BOX 772 ATmTNfOr&A"57S767 512-487-0197 [email protected]

EX PARTSE FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLlCAWf TIEALTOR TOSTR1CT ARANSAS COUNT*,TEXAS VS..

JANMLK. WHATELVTRIAL JU&GE STATE OF TEXAS OfRECmm OF TEXAS OEPT.

CnSMffiULL, SUS.TKX.

SUPPLEMIENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN WR-ML-MOM- C&*DR1CX M PATE

TABLE OF CONTENTS

LETTER TO CLERK

COVER SHEET

SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN WR-78.-165-02 CHADRICK B. PATE

LETTER TO CLERK REQUESTING ( ADD CERTIIFCATE OF SERVICE DOCUMENT TO ORIGINAL HABEAS FILED JUNE 02.2015

CERTIFICATE OF SERVICE ON SUPPLEMENT TO ORIGINAL AND AMENDED EMERGENCY HABEAS CORPUS

v$* N THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE

Clerk of The Texas Court of Criminal Appeals Austin, Texas West 14th Street Austin, Texas 78701 Nema Bardin P O Box 772: Austin, Texas 78767 bardinnema(£j),yahoo.com Re:WR-78,l 65-02 CHADRICK B. PATE Certificate of Service serving allparties added to Writ Proceedings 'WR-78,165-02.

Dear Mr... Accusta, Please file the enclosed Certificate of Service with the Writ WR-78,165-02 filed on June 02,2015 .

\-q-zoiS

l.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BAR DIN P.O. BOX772 [email protected]

EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRIC K; B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS. JANNA K.. VVHATELY TRIAL JUDGE STATE OF TTEXAS 0iR£X7WfBL GTTWXAS(y£¥T.

CRIMINAL, JUSTICE

CERTIFICATE OF SERVICE I do hereby ceirtilfy thata true copy of the following instruments Writ of Habeas Corpus WR-78,165-02, and 4mena&a-'£merg;ency $"ftt offiao'easCorpus were sentregular maii'to trie r6ilowing parties rrtat'riave rieen aaaea'tO :hese Original )H;abeas Corpus Proceedings. The copies were mailed onth'is 9,h day ofJune with proper postage affixed to same.

Aransas County DistrictCterk's Office Pam Heard NorjtrLive Oak RockpoXTexas 78382 Office of the Aransas County District Attorney North Live Oak Street Rockport, Texas 78382 Jana K. Whately Trial Judge P O Box 700 Sinton, Texas 78797 Texas Department of Criminal Justice TDJC Executive Director Brad Livingston West 14* Street 5th FloorPriceDaniel Bldg.

Austin, Texas 78701 512-463-0988

?

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIO NER PRO SE P.O. BOX 772 AUSTIN, TEXAS 78767 [email protected]

EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS..

5ANN AK. WHATELY TMAL JVJBGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT.

CRTMTNAJL JTTSTTCE

CERTIFICATE OF SERVICE SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS .IN WR-78,165-02 CHADRICK B. PATE I do hereby certify that a true copy of the above and foregoing "Supplement To Original Habeas Corpus Proceedings'1' were mailed rejular mail with thej>roj3erj>osta.ge affixed onthis 9th day of June 2015 to the following parties, Aransas County District Clerk's Office Pam Heard North Live Oak Rockport, Texas 78382 State of Texas Office of the Aransas County District Attorney North Live Oak Street Rockport, Texas 78382 Jana K. Whately Trial Judge P 0 Box 700 Sinton, Texas 78797 1.. r' CERTIFICATE OF SERVICE CONTINUED

Texas Department of Criminal Justice TDJC Executive Director Brad Livingston West 14th Street 5th Floor Price Daniel Bldg.

Austin, Texas 78701 512-463-9988

I do hereby certify that a true and original of the above and foregoing "Supplement To Original and Amended Emergency Habeas Corpus Proceedings" was personally hand deliveredby me to the Clerk of The Texas*. Court of Criminal Appeals at 201 West 14th Street Austin. Texas 78701,. on the 9th day of June, 2015

Nema Bardin Petitioner

2.

/ o^fff CO IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE

Clerk of Tin e Texas Court of CriminalAppeals Austin, Texas West -14"' Street Austin,.Texas 78701 Nema Bar-dim POBoxTVD Austin, lex as 78767 512-487-0197 VdTAiTmenriatlQ^tJiiotj.-ctfffi Re: "Emsmnetac/j' Motion farLeave J&» Fite" J» /KmfousJy Skid OqpiiaaJ .andAmended Exoea&sacy Habeas Coqpu >Writ No. WR-78\fo'5-t72 'i>iuOvr>r..^c-fsts,ta», Please find enclosed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc

NimpBaird in fetraoner P OBm 772, Austin. Te:x;af> 78767 512-487-0H97

<* \*jt3 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PROSE P.O. BOX 772 AUSTIN, TEXAS 78767 [email protected]

EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS VS..

STATE 0«F TEXAS DIRECTOR OF TEXAS DEPT.

CRTMTM AL JUSTICE TABLE OF CONTENTS EMERGENCY MOTION FOR LEAVE TO FILE IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR.

TABLE OF CONTENTS 2 pages LETTER TO CLERK OF THE COURT 1 page COVER SHEET 1 page EMERGENCY MOTION FOR LEAVE TO FILE 4 pages JURISDICTION PAGE 2?3 PROCEDURAL HISTORY PAGE 2 REASON TO FILE AS EMERGENCY PAGE 3 ADEQUATE REMEDY PAGE 3 1. * TABLE OF CONTENTS CONTINUED PAGE 2 CONCLUSTION PAGE 4

PRAYER PAGE 4

PROPROSED ORDER 1 page CERTIFICATE OF SERVICE 2 pages PETITIONER'S OATH 1 page

vf> IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 CHADRICK B. PATE

Clerk of The Texas Court of Criminal Appeals Austin, Texas 20J WestJ 4'1" Street Austin, Texas 78701 Nemo- Bfl-rd-^K- P O Box 772 Austin, Texas 78767 bardirutema(fl:),vahoo.com Re: "Emergemciy Motion for Leave to File" in previously fifed" Original andTimendecfEmergency Habeas Corpu s Writ No. WR-78,165-02 Dea£ Mjc. Am-^ta., Pleasefind enclosed the "Emergency Motionfor Leaveto File" in previously filed Writs pursuant tc WR- ?$?65:-02. Please SAr this Mothtt rrgn?away•as it is time sensitive. ' (A Nymj^arcfm ^tiponer P&Bok ??'2f Austin, Texq& 78767 512-487-0197 \?ard*irmemat@,ya<hoo.corn u{*[&

y IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PROSE P.O. BOX 772 AUSTIN, TEXAS 78767 S£2-487-ffi97 [email protected]

EX PAR TIE FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS V!S..

JANNA IK. WHATELY TRIAL JUDGE STATE OIF TEXAS MMGTORQF Texas BEPT, CRIMINAL JUSTICE

EMERGENCY MOTION FOR LEAVE TO FILE

IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING FUKLIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-0&-508a-4CR

COVER SHEET EN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PROSE NEMABAHDIN P.O. BOX 772 AUSTIN, TEXAS 78767 512-487-0197 [email protected]

EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS..

JANNA K. WHATELY TRIAL JUDGE STATE OIF TEXAS DIRECTOR OF TEXAS DEPT.

CRIMINAL JUSTICE

EMERGENCY MOTION FOR LEAVE TO FILE

IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENC Y APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-08-5080-4CR

PURSUANT' TO ARTICLE V. SECTION 5 OF THE TEXAS CONSTITUTION AMENDMENTS 1, 5, 6. and 14 OF THE UNITED STATES CONSTITUTION TEXAS COMMON LAW AND INHERENT POWER VESTED IN THE TEXAS COURT OF CRIMINAL APPEALS

TO TH E HONORABLE JUDGE OF SAID COURT:

WWC'OMES,ttctaxmsi ^tffrrafttatJan tmtorirraKttf fcptfi&tttittarftfd&Q.YTtot; pristmeiWrcgaVry confined at the Stiles Unit, Beaumont Texas pursuant to an illegal and void Judgment and Conviction and respectfu lly submits this Emergency Motion Under Trap Rule 72 For Leave To File Original Writ Of Habeas Corpus in Cause No. WR-78,165-02 And Amended Emiergency Application For Original Writ Of Habeas Corpus.

1.

And Motiom for Temporary Relief for Bail Seeking Relief from Void Final Judgment and Conviction.

JURISDICTION

rhe Court of Criminal Appeals has OriginalJurisdiction under Article V Section Five of the Texas Constitution,Amendments 1, 5,6 and 14 of the United States Constitution, Texas Common Law, and this Courts Inherent Power. State v. Johnson, 821 S W 2d 609. 612 Tx. Crim. App. 1991, and^xpartelfoung VA SW la %1W* 1i%%.

PROCEDUR&L HISTORY

The Original Writ ofHabeas Corpus WR-78,165-02 lays out the procedural history before it's May 19th filing into this Honorable Court. Some of that history is included herein.

The Initial FlalbeasCorpus filedpursuant to the VoidJudgment in Trial Court Cause No. A-08-508C •4CR 36th Judiicial District Court Aransas County., Texas and made returnable to this court pursuant to Article 11.07'' No. WR-78,165-01 received no "adjudication on the merits " by this court, and the trial court refused the Writ without findings or holding a hearing. On Dec. 5,2014 Applicant Pate filed into the trial cxmrt a "Motion to Vacate Void Judgment" pursuant to Article 11.07 Jurisdiction. That court when they were asked stated that they filed the Motion but to date have not acknowledged the motion in a:ny- way. Applicant did amend that Motion on the 5*Day of January 2015 and asked numeroustinres for a decision betweenthe the 5*day of December2014., and the 5th day of January 2/115.

Findly&n May i1£*ivrora£i?vfiW<a^n^gi^^ Write and Motions into this Court. ApplicantPate deserved a "hearing" on the merits of his Initial 11.07 Writ and on hds "Motion to Vacate Void Judgment" and was denied such hearing.

Petitioner filed ORIGINAL PROCEEDING in this Court Writ No. WR- 78,165-02 on May 19th, 2015 2. and then AMENDED EMERGENCY HABEAS CORPUS WRIT (with bail request) filed on June 02,. 20J.5. Each filing was delivered by Petitioner inperson to the Clerk of this Court.

Petitioner is fiiliing Pro Se, and unschooled in the law and didnotrealize that it was a required procedure thiat a "MOTION FOR LEAVE TO FILE" must accompany the "ORIGINAL WRIT OF HABEAS CORPUS". Petitioneris still jqoIsure that she has interpreted Rule 72 as a necessary procedure but inan abundance ofcaution to avoid any procedural default files this " EMERGENCY MOTION FO'Fl LEAVE TO FILE" incorporating this Motion with all other Writsand or Motions feswto^S^jxursuatito WrJtJMa WR-78J 65- 02, and Trial Court Cause NO. A-08-5080-4CR, CHADRICK IB. PATE.

REASON FOR FDLING AS AN EMERGENCY Because Petitdoner failed to file this "Motion for Leave to File " may be the reason that the Original Writ has not been submitted to a Justice for a determination. Petitioner requests that this Motion and all Writs and Motions filed in this cause be submitted to a Justice on an Emergency basis and that a detominatiom bemade expeditiously. It has been 19 days since the Original Writ was filed with no action having been taken bythis Court. While Petitioner understands that herinability to file the paperwork properly attimes inthis cause has probably delayed the submission to the Justices it makes AppiYamt Fates liTegai' 1'ncarceraabn no fe^rnporfdrtform^ai1. Applicant Pate has been illegally incarcerated for more than 7 years and Petitioner has offered up the proofofhis illegal incarceration, conviction andjudgment by submitting the Trial Courts ownRecords . Any delay in jraakinga dfiteinninalion onthese matters onlyprolongs applicant's misery and allows the continuation ofthe abuse ofApplicant's rights to "due process" and the right to his liberty. Petitioner contends that this Honorab he Court has the power to on it's own motion or by suspending certain rules can grantthe jdlMihat-/^pdJi^rjJ:i3b?fij^^sin a much more expedious way than the tedious and time consuming 3.

r requirements of each and every procedure required by the Rules ofAppellate Procedure, and specially in light of the Trial Court and State's illegal abuse of procedures used to convict Applicant of a crime he did not connmit. Applicantbelieves that under normal circumstances that The Writ of Habeas Corpus is and expedient process for mostprisoners, but the subject of these proceedings are not normal circumstances, these are Extraordinary Circumstances, and deserve Extraordinary Attention and Determinations.

ADEQUATE REMEDY This Court opimed in Smith v. Flack 728 S W 2d : "In some cases, a remedy at law may technically exist; howevier, it may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient, inappropriate <or ineffective as to be deemed inadequate." Id., 728 S.W.2d at 792. With this in mind Petitionerrequest that this Honorable Court will provide relief to Applicantin a way that allows it's authority to move expeditiously and finally. Applicant is aware that Mandamus might have also beena remedy that she could have applied for, but is unsure of that optionbeingas expeditious as Habeas relief. If Meundamus is a more expeditions option,, then perhaps this Honorable Court has the option of construing Petitioner's Writ as such.

CONCLUSION

Because Pro Se Petitioner has brought a reasonable argument for gpod reason to grant "Motion foi L e ave to File" then this Honorable Court should do so in an expedious manner.

PRAYER

Petitioner praysthat this Honorable Court grant her Motionfor Leave to File all documents in Writ Camse No. WR-78,165-02, and to grant any other relief that this Honorable Court has the authority to .grant that Applicant is due and deserves.

4. ^ IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PROSE

P.O. BOX 772 AUSTIN, TEXAS 78767 St2-48T-®19? [email protected]

EX PARTE FROM CAUSE NO. A-08-5080-4CR CHADRICKBPATE TDCJ#01563340 THE DISTRICT COURT 36TH JUDICAL APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS VS..

STATE CMF TEXAS DIRECTOR OF TEXAS DEPT.

CRWfNAX JUSTICE ORDER

EMERGENCY MOTION FOR LEAVE TO FILE IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL SEEKING RELIEF FROM AVOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A- 08-5080-4CR.

After considering the Emergency Motion for Leave to File by Petitioner in Writ No. WR-78,165-02, and forjsoodl crause appearing, IT IS HEREBY ORDERED that said Motionis hereby GRANTED. [T IS SO ORDERED.

Date: June 2015

JJnnonahJf! Ju4?e_ Judge ofThe Texas Courtof Criminal Appeals CERTIFICATE OF SERVICE IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BARDIN P.O. BOX 772 ANSHty, "mmsMsmmn 5IS4I74197 [email protected]

vs>..

JANNA vL WHATELY TRIAL JUDGE STATE OF TEXAS DIRECTOR OF TEXAS DEPT.

CRIMINAL JUSTICE CERTIFICATE OF SERVICE EMERGENCY MOTION FOR LEAVE TO FDLE IN PREVIOll JSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND 08-5080-4CR..

Ido hereby certify that atrue copy ofthe above and foregoing "Emergency Motion for Leave to File" was mailed regular mail with the proper postage affixed on the 9,rt day ofJune, 2015 to the fofibwing parties, and a true original "Emergency Motion for Leave to File" was personally delivered by PetitiAnex toClerkofThe Texas Court ofCriminal Appeals at 201 West 14th Street,Austin., Texas 78701.

PARTIES

Pam Heard North Live Oak Rockport, Texas 78382 Office of the Aransas County District Attorney North Live Oak Street Rockport, Texas 78382 1.

Jana K. Whately Trial Judge P O Box 700 Sinton, Texas 78797 Texas Department of Criminal Justice TDJC Executive Director Brad Livingston West 14,h Street 5* Floor Price Daniel Bldg.

Austin, Texas 78701 512-463-9988

"< IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02 PETITIONER PRO SE NEMA BARDIN P.O. BOX 772 AUSTIN, TEXAS 78767 512-487-M-9? [email protected]

EX PART1E FROM CAUSE NO. A-08-5080-4CR CHADKICKBPATE TDCJ #01563340 THE DISTRICT COURT 36THJUDICAL APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS VS..

JANNA K. WHATELY TRIAL JUDGE STATE OIF TEXAS DIRECTOR OF TEXAS DEPT.

CRIMINAL JUSTICE PETITIONER'S OATH EMERGroCY MOTION TOR LEAVE TO FILE IN PREVIO USLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND EMERGENCE APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL foE8^SIEFFR°M AVOIDFINALJUDGMENT AND CONVICTION IN CAUSE NO. STATE OF TEXAS COUNTY OF TRAVIS INema Bardiin being duly sworn, under oath says"/am the petitioner in this matter and Iknow the set:£££S2rcy Motion For L7Tojr•^d •»****my *•**e ** s/i na BaVdin Petitioner Petitit Suh-scrihedarjvJ. Sworn, Tci Beface ma aalune 9th, 20IS, NOTARY PUBLIC

N. A. CADENA \io:a;y PjbiiC. S'ce o! lexcs !viv Comr=-;ission Expnes lU/v-y-/ October 20, 2016 /• \

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IN THE COURT OF CRIMINAL .APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02

EX PARTE FROM THE DISTRICT COURT CHADRICK B. PATE TDCJNO. 01563340 36TH JUDICIAL DISTRICT APPLICANT ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR NEMABAlftIMN TTETrn«ONE» V. JUDGE .JANNA K. WHATELY

EMERGENCY MOTION FOR RELEIF BEQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF PURSU ANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS CORPUS WR-78.165-02

COVER SHEET RECEIVED IN COURT OF CRIMINAL APPEALS JUN 02 2015 Abel Acosta,Clerk

-^ IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02

WMM&THE, DISTRICT COURT CHADRHCK B. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT APPLICANT ARANSAS COUNTY, TEXAS CAUSENO. A-M^tm-4CR NEMABIA1RMN PETJTJfOJNEJJ V,.

JUDGE JAJtNAK. WHATELY

EMERGENCY MOTION FOR RELEIF REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF re«^«i>y p^FH^«^i>E^iKfjmr<»e^^k£ emergency mtrrfor habeas CORPUS

TO THE H ONORABLE JUDGE OF SAH) COURT: NOW COMES, Petitioner Nema Bardin on behalfofApplicant Chadrick B. Pateand jBs^esslfidb submits this Emergency Motion for Relief pursuant to and on the Original Writ ofHabeas Corpus filed in thus Court on May,19*, 2015 .AND Amended Emergency Original Writ ofHabeas Corpus filed on this daafe Jume 02,2015 seeking relief from Cause No. A-08-5080-4CR a VoidJnd^mfinfr Sentence .arid Conviction ordered in the 36th Judicial District Trial Court Aransas, County Texas, and certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment inCause No. A-08-5080- 4CR isVoid for lack ofJurisdiction, Fraud onthe Court, and Tamneruig with a Trial Court GoYenoroeiaJ Record th«en this Motion also pertains to relieffrom Cause No. WR-78.-165-01 The Intial Writ of Habeas Ooirpusfiled intothis Court on or about 6/21/2011 and was denied on 3/6/2013 withoul

Azr written ordter byJudge Cochran, and from Cause No. 13-09-00112CR affirmed 10/27/2010 from the Thirteenth lOistrict Court ofAppeals.

Thesft two :y*[email protected] vaidhecansfc thay eackftow from. the. literalandYoidTtial CoittUudgssfini inA-08-50>80-4CR. Chadrick B. Pate.

JURISDICTION Because; this Motion flows from the filing of Petitioner's Original Writ ofHabeas Corpus it has uuisdictuan&irthe same reasons ithas Jurisdiction over the Original Writ filed on the 19* day ofMay 2015 andAmended Writ filed onthis date June 02,2015 pursuant to Article VSection 5ofthe Texas OawtittttiLotiand Amendments U5,6 and 14 ofthe U. S. Constitution . See ExparteThompson 273 S. W. 3W 17T, 181 (Tex. Crim. App.ZOW) snowing tnfe court to nave generafjurisdiction over Original Habeas CorpusSee Tex Const. Article V

STATEMENT OF THE CASE Petitioner INenna Bardin filed an Original Writ ofHabeas Corpus in this Court on May 19*. 2015, and then filed an amended Writ onJune 02,2015 by hand delivering itand speaking personally with Mr. Ake&Aetata Clerk&r the Texas Criminal Court of Appeals. Petitioner asked to speak with Mr. Acosta in order to explain that the Writ being filed was not a 11.07 Writ and therefore not a Second or Successive Petition under 11.07. Petitioner explained the nature ofthe Writ and why it was being filed .ast-an Original Writ under this Courts inherentpower and jurisdiction to provide the reliefrequested.

Mr. Acostia took the Document after reviewing some of the paperwork with Petitioner andstated thathe would file; lit. OnMay 22nd, 2015 after checking her mail box, Petitioner found that there was no jontificatwuD £<nro theCourtproviding notice that the Documents had been filed. Because Petitioner's address is local she called Mr. Acosta tomquire about the filing ofthe documents. He stated that she should have received a post card. Aconversation regarding the filing and docketing and the rules and procttdvatea ihai arc requited or\b» kiad of Writl3na\ Ptti&ynex filed teft P«&ira»t confused. Because Petitioner w as told that there were no deadlines for the Court to make a decision on the Writ that she had filed,, and because she was told that the Case No. for the Writ that she filed was the same as the Initial Writ that Applicant Pate had filed with the exceptionofthe last two digits.. Petitionerwas in a quandary,, aind decided that she had betterstudythe Trap rulesmore moroughly. Petitioner checked hei mail again on May 23,2015 andthe PostCardhadstill notarrived at herdowntown P O Box772 Austin, Te;x;as.. After reviewing.the Trap Rules, Petitioner felt that there should be a requirementon the time frartne for a decision on the Serious Matter ofa Writ that challenged the Judgment ofthe Trial Courtas Ibeiing Void for Lackof Jurisdiction. Petitioner filedan Amended Emergency Writof Habeas Corpus on tins date June 02,2015 hand delivered to the Clerkand has at the same time filed this Emergency Motion for Releifalso handdelivered on June 02,2015 to the Clerk.

It is not Y'etnnonefs intent to overide mis Court with endless'Peuuonsflvlouons, it is omy lier intent to follow th<e rj»n>cedures (although as a layman they are incredibly confusing to her) she does most want the Writ to be denied for failure to follow the rules or procedures. Applicant lost his liberty because thetrial court purposely failed to follow the rules andthe procedures required of them.

Petitioner does not question that Mr. Acosta is not following the rules. She is sure that he is, but because she; has no idea which rules that are being followed then she has determined it best to file this "Motion ifoir Emergency Relief', with the hope that the Original Writ of Habeas Corpus will not be denied fo;r her failure in misunderstanding the Trap Rules and Procedures/Protocols mat the Clerk's Office us:es to see that these kinds of Writs are filed and journaled properly and expeditiously.

The Petitionier has filed her Original Writfor Habeas Corpus into the properCourt See Thompson 273 S W 3d 177 x 181 (Tex. Crim. Add. 2008).

If what Mir. Acosta says is true, that the Court has no time limit for a decisionon the Writ,and it could beyears before a decision, men Petitionerand Applicantdo not have an adequate remedy for relief.

See In re 3Mc Cann 422 S W 3d 201 (Tex. 2013) showing:that theremedy is notadequate if the remeay is: uncertain, tedious, burdensome, stow, inconvenientor, inappropriate, then it is deemed to beJaeBs&tive (gating frcm GxeeawsH x C#w4srf.bpp*xi?fyirthe Thirteenth JwMeialXtifli 359 S.

W. 3d ^5,648-9 (Tex. Crim.App 2005).

Withthis in mind Petitioner respectfully requestmat this Court take immediate action and grant Applicant Ball on a Personal Recognizance Bond freeing him from incarceration until which time vbi& Cs/ck* vm ifttf&t •& te&msfc Wi *&& -nKsite <& ♦&«, ?*\?Aw»«rf% tVefisws, «ai &&isxsg&at&, «&•£& k& taken on iShis Motionandon the Original Writ of Habeas Corpus filed on the 19* dayof May 2015. and the Writ ifited amending on this date June 02,2015..

More thain a (114) days have passed since the filing of the Original Writ,and Applicant has been illegally restrained for 7 years.

Petitioner has supported the Writ with undeniableproof that the Trial Court Tampered with the trial sourt records, violated Applicant's rightto a fair andimpartial trial, liedtojurorsheldex partehearings

and manipulated the Judicary in order to obtain an illegal conviction over Applicant. Applicant has' provided tithe trial courts own recordsthat prove the claims that she has made. Applicant receivednc fair and bmpart ial trial, opportunity to be heard and notice at the sham trial. The trial court violated Applicant's U.. S Constitutional Due Process rights, under the Texas Constitution.. See Winters v. Presiding Jfudge of Criminal Dist Court No. Three ofTarrant County 118 S W 34.

If Petitioner hats failed to follow any rules or procedures, thisMotion nor theOriginal Writ should be denied Ton such a failure, m Judge Acaia's dissent in the case of Tyrone Casey Sledge citing Ex Parte Griv es 70 S W 3d 103-107-(Tex. Crim. App 2013)she concluded: that the purpose of the Habeas Staitute was to limit subsequent writs to regulate theinflux of applications raising claims that were onhy recently cognizable rather than to limit the traditional common law claim that the trial court lacked jurisdictionover thecase. She concluded thatThe legislature may notwithhold theright of habeas aorjpus Tex. Const. Art. 1,12 (The Writ of Habeas Corpus is a Writ of right andshall never be

suspended.^

CONCLUSION Petiitionter's filing of the Original Writ of Habeas Corpuspresents not only exceptional circumstances for which relief should be granted, but it should be granted to meet the very ends <&^u£tA&~ %c?xau£^*hfLTi?«a£,f^iHff^ Qx'mifiaL 4^p^»^*hftva^'5ftSftj^'«idiSJatft> rwmajuy%ji,wJKe<* from a .Judgmentthatis Void for Lack of Jurisdiction, andbecause to deprive Applicant of bis only effective State remedy would not onlybe contrary to the rudimentary demands ofjustice but 4fisfaac^b«g.<tCa.^uas^danaL<giaiantei tajecifkalljj <tesijg3^t&-ip^gaUa^ Writ lies as a traditional civil remedy for the enforcement ofthe right, topersonal liberty, not a stage jfthe state criminal proceedings or as an appealtherefrom, and because The CourtofCriminal AQpeails; may takeactionauthorized by constitutional orovision.,and undercommon law.,and it's inherent {and impliedpower, this Motion for Emergency Reliefshould bejgranted and The Original Writ requestingreliefshould be heard as anemergency and all reliefrequested in the Writ should be granted.

PRAYER t**i«n« prays that this Honorable Court will hear and grant and issue Order on tius Motion for Emergency Rcleif immediately providing for BAIL on aPersonal RecognizanceBond and^itissue Order to nule on Petitioner's Original Writ ofHabeas Corpus and grant all reliefrequested there-m and do so within 7 days of this filing.

Petitioner prays that this Honorable Court by granting such requested reliefwill at feast see that Applicant's Liberty is restored quickly and unconditionally.

tf'

to Certificate of Compliance Petitiioiaeir has telephoned the District Clerk ofAransas County, The Disctrict Attorney of Aransas Cotnnty, Judge Janna K. Whately and the Director of TDCJ and notified each of them that thiis iEmergency Motion for Relief would be filed. Petitioner spoke with a staff member in each intsttanee and provided the notification, however Cookie at the Director's office could not hearjm e due to some kind of telephone interference. Petitioner made every effort to notify.

^V irdii (Petitioner dated (tf^lmtj

7.

V IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

EXPAREE FROM THE DISTRICT COURT CHADRHCKB.PATE 36TH JUDICIAL DISTRICT TDCJ 01563340 ARANSAS COUNTY TEXAS APPLICANT//REALTOR CAUSE NO. A-08-5080-4CR

PRESIDlINfG JUDGE JANNA K. WHATELY

CERTIFICATE OF SERVICE

1 boTnereoy certify tbat a true original ol tne above and foregoing Emergency Motion for Reliefwas personally hand delivered on the 2nd day of June 2015 to The Texitts Court of CriminalAppealsClerk's Office at 201W. 14th Street,Austin Texas 78701.

y/jjuAAs ardufPetitioner

^ fe|(l I/5 Gef-VtW+-«- o 4 Se^i'ce -k>r (c/2-//5 flfKu'lecl +o .<^« rWf«s

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Mailed4^ «.U (kHf«S IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02

EX1PAFITE FROM THE DISTRICT COURT CHftBnftCK'A. ?A1£ TOC3 NO. toSGSJW Tfim JVYMCIAL DISTRICT APPLICANT ARANSAS COUNTY,TEXAS CAUSE NO. A-08-5080-4CR NEMABARBfPf PETH1&NKB v..

JUDGE 3/WMAKL'v#HXrSLUf

PETITIONER'S INFORMATION NEMA BAROKV *.Q».1Sfto-x7Tl Aus tiua, 'Texas 78767 512-4S7 #197 cett

^-*> CERTIFICATE OF SERVICE «c/*£ r I do hereby certify that a true original of the above and foregoingApplication of Emergency Origins 1lHa beas Corpus was personally hand delivered on the ?m) day of JUNE, 2015 to The Texas Court of Criminal Appeals Clerk's Office at 201 W. 14* Street Austin, Texas 78701 and sent regular mail to: JUDGE JANNAK WHATELY P.O. BOX 700 SEKTQN TEXAS 79.S&7-U7Q0.

ARANSAS COUNTY DISTRICT CLERK'S OFFICE 34U NORTH LIVE OAK STREET ROCKPORT, TEXAS 78382

PAGE 1 OF 2 CERTIFICATE OF SERVICE

ARANSAS COUNTY DISTRICT ATTORNEY NORTH LIVE OAK STREET XOCKPORT, TEXAS ZM92

PAGE 2 OF 2 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO. WR-78,165-02

EX PARTE FROM THE DISTRICT COURT CHADRJC:K IB. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT A?PL«JANT ARANSAS€©*JNT¥, TEXAS CAUSE NO. A-08-5080-4CR NEMA BARDIN PETTFZQ>NER V. JUDG E J.ANNA K. WHATELY

OATH

STATE OF TEXAS, COUNTY <OF TRAVIS I NEMA BARDIN BEING DULY SWORN, UNDER OATH SAYS: I AM THE PETITIONER IN THIS A MENDED EMERGENCY ORIGINAL HABEAS CORPUS ACTION AND KNOW THE C GINTE NTS OF THE ABOVE APPLICATION FOR WRIT OF HABEAS CORPUS AND, \CCOM MING TO MY BELIEF. THE FACTS STATED IN THE APPLICATION ARE TRUE.

SUBJSClRIiaEDAND SWORN TO HEFOJJE MFMimj&J&IS

NOTARYPUBLIC

N. A. CADENA

lUX,:,f October 20, 2018 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO.

EX PARTE FROM THE THE DISTRICT COURT CHADRICK B PATE 36TH JUDICIAL DISTRICT TDCJ #015*63340 ARANSAS COUNTY, TEXAS

COVER SHEET EXHIBIT 15

MASTER INDEX CHRISTOPER HALL REPORTERS RECORD 1-11 PAGE 2 z%* IS Scanned Jan 26, 2012 <£¥,Jl7J-*f/?\ 1 * 1 ?. °. * ^E 1L £ *" 5. Sl.£HtlL

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12 ORIGINAL RECEIVED IN COURT QF CRHKBNAi .ARRETS ]L3 AUG 10 2011

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€\f\S H4(i r/JQsrt/cWDzX _ —?t£S> TABLE OF CONTENTS

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'^V/rt-^'' 7h*Yt~4. VOLUME 3 A nnouncement (9-25-08) ^ *? > ^ i?^""1"1'^ *V Pi.-e '6': 'CtiVOlftTL *i Pretrial 'fteaxxng \Vu-Ti-V&'';

ii VOLUME 6: Jury Trial - •• Voir "Dire Proceedinqs \2-^-G^>

[VOLUME 7: Jury Trial •• G'uii t/innocence (2-9-0$}

14 VOLUME B: Jury Trial -• - tuii't ^innocence \^-\^-^'i)

V OLUWE' 9 : Jury Trial

-C-aill} ItiTjCiC^tjc^ •Vl-12-1*3-*/

f VOL0W£r I.f; Jury friar fa it i s-iTjtreit e - Sex t e^ ci ^.y / 2 - 2.J - # 51,* IhM T= Trial Exhibits -oOo-

?:s.

Case 2:12-cv-00093 Document 11-8 Filed in TXSD on 06/12/12 Page 3 otee^fdj Scanned Jan 26, 2012

CAUSE NO. A-08-5080-2-CR(HC3) EX PARTE: ( IN THE DISTRICT COURT ) 36TH JUDICIAL DISTRICT CHRISTOPHER JOSEPH HALL ( ARANSAS COUNTY

INDEX I Index i !<Order from Court ofCriminal Appeals 1 , •Goiresp/OT&etKfc.V?. !w&gt?s<&Ctafen& tet&nai} \ Order Appointing Attorney 5 Order from District Court Judge Janna K. Whatley 6 =moMcttnenC Vj. >3 0>jAl. .,'. * .Aflfidavit ofIndigence with Order Appointing Counsel 24P. 7. Jt/.[.'? P. H hfj&pC' ^9M.Vj^i&^iaa.<i£ AwaiatiBjaet.. MM- ,&«U&<* i^\ki*t?L 11 Receipt for Capias and Precept from Sheriff Department . .<#./. ?TT. IS . Cbirresjjonaence to Atrorne.v . 2tf : Capias Returned Served ... r. 21 : PffscaatReinmed Served. .J^T... 22 Correspondence from Defendant, ... 23 Waiver ofArraignment ... ."2 \.7/#/ -JJi'l;- f Ai: y•v* Y» 25 Motion for DiscoverywithOrder ..1(1. //&/. .^*1f%rj(A%... J ^ 27 Mention for Authorizationto Expend Funds for Investigator ... Tj/\&\.. QfcrZ'. .177: 39 (Correspondencefrom Defendant /*>•-• *' (p Motion for Continuance Tj./^ t£QcM&W- -f^Mo^. .Afc<4r.?/.£... 43 4&<3te<mMb^fo€ba&imBae ../P^tvU?-1.. ll 3r.:'. «V Order on Motion for Authorization to Expend Funds for Investigator 46 ^ <•&&«&& >taiot 4,7 (Molio^^er.?.^.....^,.^/....^^ Motion to Sever . .jr.!^U .n..... ~ .;M /.. .a ./sv ^ 48 innJ{ir5ulpiiMDa --..

F&atdj^'sApsm^aafarSuiawism SO Case 2:12-cv-00093 Document 11-8 RJed in TXSD on 06/12/12 Page 6 of 66 Scanned Jan 26, 2012

State's Application for Subpoena 18S .SiilywftaflJRelunmS Staved JustioPadlgBtt 161 Motion to Suppress Photographic Identification 162 i'j t iw State's Application for Subpoena 165 '" c/C^' Sulbpoena Returned Served }i\ ^-" liv • • Jennifer Leyva 16? ~ SA" tfy'% lUyl&e ~ r — -- - 168' r" ^\Q Q? S Ernest Solis 169 Defendant's Election as to Punishment 170

i .ituijr v*in#ov»i * tv

I JturyNote 1 178 ' Charge of the Court 179 Vefdict 191 AncyNoteI ... 193 1Punishment Charge 194 1V«9*w* 198 I ^vi^Q^i^%QAsfiSest^,^V^<adR^%Vi^'^ &$?«& V% , Order to Withhold 2(K . JNwtice of Appeal filed Pro Se 201 Order Appointing Counsel 202 No fice ot Appeal to Court of Appeals 2t0 Notice ofAppeal 204 H'crhterrlfeaimtfnw.Sp^^ 2fX • Kc"'V{uesr £sr ftepunraVnr «jicfitepurtsrir Ressniand Btssigtssctiou ofMxCCets' to lbe Included 210 i Amended Notice of Appeal to Court of Appeals 212 Correspondence to Court ofAppeals 213 Correspondence from Court ofAppeals 214 G?<ms$p<mfan& nam &sfaidluit 2!<S

IV Case 2:12*cv-0D09& Document 11-& Filed in TXSDon 0&12J12 Page 7 of 66 Scanned Jan 26, 2012

Correspondence to Defendant 217 Jud;gment of Conviction by Jury; Sentence by Jury to Institutional Division, TDCJ 218 .Receipt tor Pen Packet 223 Nottice from Court of Appeals 224 <CAawn €or FetanyfSwveimt Attorney ¥ec» 225 C^n^sva-ndiwv^ AawI^ftfeRda'ivf 229 iCpver Letter ... ....' 229 CDrdler from 13* Court of Appeals 230 h-lotice of Setting. 233 Correspondence from Defendant 234 •GrtferAMfHfitg Hft&fom^^£HO^<^<4ftpsnrt^ 226 Affidavit of Indigence with Order Appointing Counsel 238 Fax Notification of Appointment 243 Cover Letter from Court of Appeals 2A!

Judgment and Opinion from Court of Appeals (Withdrawn) 24< &owerLetterSoot CkwtefAppeals 277 Judgment and Opinion from Court of Appeals 278 CJj&^faB.^'ttem^Iittgaaaa. tttstsuab ^<e&. IAS Correspondence from Defendant 31( Conrespondence to Defendant 312 Correspondence from Court of Appeals 313 Mandate / 314 ,.A^^4^^ Coxm'&otketSriett ....:^$^-••77>jkJ^< M5 Certification ' 319 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS WRIT NO.

EX PARTE FROM THE THE INSTRICT COURT CHADRICKBPATE 36TH JUDICIAL DISTRICT TDCJ #©15-63340 ARANSAS COUNTY, TEXAS CAUSE NO. A-08-5080-4CR

COVER SHEET

EXHIBIT 20

REPORTERS RECORD VOLUME 6 OF 9 PAGE 221 LINES 1-25 CHADRICK PATE £* JbAo r liiHl^?: ' * li ^ Si ^ "L ^ MSS-J^MF i/) tfjf a' Wil ORE'S

'Sx-LVL ^trox-^ ta-ase Mm'sei ^-'D'S-BfrBO-S-CR

..Witf; STATS <?F TSXAS rff THE DISTRICT COURT OF XI 1:1.. *

:hadrick b. pate * 36TH JUDICIAL DISTRICT

JURY TRIAL G'ai 1-fc / Inn o c en c e APPEARANCES I' CTOUgrSgL FOR THE STATE: 12! MR. MARCELINO RODRIGUEZ i vjs. . T^tts* ewaiu'a •A "ASSISTANT DISTRICT ATTORNEY 36th Judicial District J 4: 7zc? C\?cn~cy Courtnouse ;" F. a. Box 1393 L5i Sin ton, Texas 76367 "l"b; fax: 361-364-4978 J SBN: 24046959 ^M! (?eTS5T4l i a CO'Tj:tTSEL FOR THE DEFENDANT: | ATTORNEY AT LA'v ?• 0. Bex 27 6 ™\ c il. <c iouc a 'j. a n c a;. u a Corpus Christ!, Texas 7 84 UJ Tel: 361-882-437 5 rax: '361-882-3635 22 S3N: 07958500 /. ji On the 10th day of F&bruajry, 2£>#S>r tte ^Pf^n. ^ 24 ;'^!!^n9S C^e °n f°r tri£i ^ the above-entiled' and '•;' !.a C£USe ln said Court, HONORABLE JANNA K. WHATLEY ac;e r-resio'ma.,. held. to. s.o,r-^.o.rt- ^ v •?.».---•• ^T..,..rV- r-.oceeo.ings were reported by machine shorthand. eL.#J Pi

THE COURT: We haven't talked about your

MR. GILMORE: Well, Judge, anything he says is hearsay as to my client. Anythina that Mr. Ha.'il

MS. CABLE: -- as to Chadrick Pate, Judge, as far as that coes, but I ask to be able to car. ijnita tM&.

acm.i,s sions made by t_bJ _s tief&.'odjz.vi:,- CJoxl. 1" o *^vo.° *— y~ ±. i -a

MR. GILMORE: May we approach the bench?

(..The fol.low.Ln.xi, ri.Ls.rjL^SL.i_ao. v^l=l h/tri. ^.t, t-jq./^ hAni-ch*. \ JAR. fiJJJEJACtJJJS1.- Then Z ask ~J:e ^ r : fa sever i?ate :ora tnis case at this time because they 're going 31. to cr_et into. e.v.Lri.e_n.rLe_ trJiAJ".' .^ nat Hjii^J^^^JxP'^i. a^aAn^oh-. Tn vim

J -4, j.s guixgr ro be u$&£ against him. S& I obie jecu ana ~r i I •a as K

;r :-a severance

MiS, . CARJJL1. I, 'aa.'L'A",=b V-n-^x. T_-c;-n Ve "uia^ti Vy ax> ..i.M5rri'.c---,ol'?./ .v'A^r^. c uau> TYrey csn ise -f-rp, togetne.: crxea and' there can be an instruction as to the jury not considering h.-h.a.h, a^La^tr;.=L.n_ Qh.a.

•FA'S" eUffRT": See, l"'m at such an unfair advantage. I have no idea what this guy's going t:c say ] -end* ^Uj. i -fa-uTi'h, 'ktiuw 'now I"'m going to make a ruling on this because I have no idea what he's gcina to tel.l us.

24 MS. CABLE: He's basically going to say, V76 "Judge, that he was contacted by Michael Underwood and