’) 31 \ gai/03 Aprii 28th, 2015 RECE|VED l couRT oF cR:M)NAL A§PEALS APR 3 0 2015 , Court of Criminal Appeals f) th- Stt‘."f»'l` ' M©T"@Ng,§g",§@§ Augtin, rean 78711-2303 DATE:_________=___=. Ab@”ACOSla,Clerk IEBY: ".¥.C - Rez Ex parte John Edward Morris; Votion for Evidendary Hearing; WR-78,184-02; TrAR;No. CR 2004-283-1;(PRRWWH32&D(DU)&BZZHA To the Hon. Abel Acosta, Clerk, By receipt pleasefind enclosed the followhg; a copy of this correspondence, attached to a SASE (1p); .Motion for Evidentiary _Hearing (7pp>; and, Appenidx C (Exhibits #1-#8)(28pp).

Please bring the Motion for Evidentiwq/Hearing U)the atten- tion of the Court,~ so that it may consider such and rule accord- ingly; as the application is currently pending.

Please file-mark the enclosed copy of this correspondence, and return the copy in the enclosed SASE. l truely appreciate your consideration in this matter.

Sincerely, John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B `1100 FM 655 ' Rosharon, Texas 77583-7670 Enclosure: Copy of Correspondence (1p), and SASE; Motion.for Evidentiary Hearing (7pp); and, Appendix c (Exhibirs #1-#8)?28pp>.

JWUD ' pg 1 of 1 April-ZSth, 2015 Court of Criminal Appea]s for the State of Texas w. 14th St., Rm #106 Austin, Texas 78711-2308 Re: Ex parte John Edward Morris; Motion_for Evidendary Hearing; WR-78,184-02; Tr.Ct.No. CR 2004-283-1; CMRR#70]3 263)(111)-0232 2669.

To the Hon. Abel Acosta, Clerk, _ By receipt pleaseiind enclosed the follmnng: a copy of this correspondence, attached to a SASE (1p); Motion-for Evidentiary Hearing (7pp); and, Appendix C.(Exhibits #1-#8)(28pp).

Please bring the Motion for Evidentiaq/Hearing U>the atten- tion of the Court, so that it may consider such and rule accord- ingly; as the application is currently pending.

Please file-mark the-enclosed copy_ of this correspondence, and return the copy in the enclosed SASE. ` I truely appreciate your consideration in this matter.

Sincerely,` HA;/ZQW;M John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B 1100 FM 655 Rosharon, Texas 77583-7670 Enclosure: Copy of Correspondence (1p), and SASE; Motion for Evidentiary Hearing (7pp); and, Appendix»c_(sxhibits #1-#8)(28pp).

JVUD ' pg 1 of 1 wR-78,184-02 TRIAL coURT No. cR 2004-283-1 EX PARTE JOHN EDWARD MORRIS § COURT OF CRIMINAL APPEALS § FOR THE STATE OF TEXAS § ',AusTIN, TEXAS

MOTION FOR AN EVIDENTIARY HEARING TO THE HONORABLE JUDGES OF THIS COURT: COMES NOW, John Edward Morris, Applicant.pm)se hithe above- captioned application for the writ of habeas corpus and hereby requests that the Court issue instructions or orders as may be appropriate &n?the trial court to afford Applicant an evidentiary hearing and in support of this request would show the following:1 Question Before The Court

Applicant.stated fully and\hth particularity the facts upon whkjlrelief was soughtznd included copies of available documHnary evidence supporting the claim but were the merits of the factual dispute properly resolved.

Summary Of The Arguement

The trial court clerk's inabiliq/to properly receive, file, and forward all of the exhibits to the attorney representing the The Court of Criminal Appeals "is not bound.ty the trial court'S findings and conclusions of law." See, e.g., Ex.parte Adams, 768 S.W. 2d 281, 288 (Tex.Crim.App. 1989). ln this matter, the trial court executed a boilerplate order denying Applicant relief. See Appendix C (App.C) at 21 (order to deny application)(lp).

MEKNHBUDE HEEB(IRRB pg 1'of 7 State had a prejudicial effect on the State's.ability to answer the application, and detrimentalhfimpacted Applicant's procedural right to a full and fair hearing.

Arguement.

I. The writ application was received by the convicting court A. The application was filed for the record 1. Two appendices of exhibits were attached ln addition to the application form, the clerk for the 22nd Judicial District, Comal County, filed Appendices A and B, which comprised two hundred and ninety-eight pages of exhibits, for the record. See App;C at 3 (correspondence)(pr).

2. Applicant requested the number assigned to the writ Due to problems in the past, with filing motions in Comal County, Applicant reouested. that the Court of Criminal Appeals provide "a notice upon receipt ofthe writ application." See App.C at 5 (correspondence)(épp).

II. The Statels factual determination' conflicted with credible evidence attached to the application A. The State filed its response with the trial court 1. The response was forwarded to Applicant The attorney representing the State revealed to Applicant, that Appendix A, "pages 66 to 113 [we]re omitted." See App.C at 12; and 15 (correspondence)(6pp). ~L le '\° + `L MEKNHEUEE HMENSGRHB pg 2 of 7 B. Applicant filed a reply to the response 1. Each of the State's allegations were addressed Within the reply, to the State's response--denyingwrelief, Applicant directed attention to the issue ofthe missing exhibits, and requested that the clerk "bring the [r]eply to the attention\of the court." See App.C at 17 (correspondence)(6pp).

C. Applicant restored the missing exhibits 1. The motion to restore was timely filed On January 5, 2015, Applicant restored fourty-seven pagesof 'missing exhibits, and requested that "the complete Appendix A" be brought to athe attention of die] Court mmithe Assistant District Attorney." See App.C at 10 (correspondence)(lp).

III. The fact-finding method used by the State was fundamentally unfair to Applicant A. A motion to recuse the trial court judge was attached to the writ application form 1. A brief hearing was held On January 20, ZOEL a hearing was.hehion Applicant's motion "to recuse ithe Hon. Gary L. Steel,".(Judge Steel) from presiding over any proceeding connected to the writ application. See App.C at 7 (correspondence)(épp). n 2. The State interjected the issue of Applicant's competency u) stand trial, during the recusal hearing Attached to the writ application was a "motion for judicial notice" of twenty-five pages of specific credible evidence which showed that Applicant was under the influence of a combination of MEENHWREC .

HNDNSGBHB pg 3 of 7 powerful psychotropics during the plea and sentencing;xocess. See App.C at 2-3.(correspondence)(prh and 7-8 (correspondence)(épp).

B. 7 The motion to recuse was denied 1. No ruling was entered on the motion for judicial notice The judge assigned to hear the motion to recuse found there _was insufficient evidence of judicial impartiality on the part of Judge gteel; the motion to recuse-was denied, mmithe MHMR medical records were not introduced into evidence.

C. 3 The writ application was denied 1. Judge Steel determined there were no previously unresolved facts that would warrant habeas relief On January 21, 2015, a day after the recusal hearing, Judge Steel entered an order, wherein it was stated thatw "no hearing [was]conducted." See App.C at 21 (order to deny application)(lp).

2. The clerk failed to forward the order to Applicant The order expressh/directed the clerk "to mail a copy of dm order" to Applicant, however, it was not until February 18, 2015; that an individual acting on Applicant's behalf was able to secure and forward a copy of the order.

3. The clerk failed to timely transmit the application On January 14, 2015, the Court of Criminal Appeals notified Applicant "there is nothing pending" and returned correspondence now labled as Exhibit #2; vSee App.C at 19 (correspondence)(lp).

Over a month passed before the Court received the application.

See App.C at25 (official notice)CH»l Curiously, a letter was sent stating, there was no "writ of habeas corpus filed" the day the mno\IHEARmG HABFAS<IRHJS pg 4 of 7 application was.received; See App.C at 23 (correspondence)(1p). lt.was two weeks before that notice was sent.to Applicant.

Reason To Grant The Motion There can berw doubt that the State's responseand the trial court's findings would have been different, if fourty-seven pages of exhibits had not been missing. Yet, accessing fault is not the issue before the Court. At issue is the Court's ability to order an appropriate and timely hearing, in which Applicant_can develop the substantive habeas corpus claims, a right that is guaranteed by Article One, § Twelve of the Texas Constitution. And diligence -requires Applicant to assert this right.

Prayer WHEREFORE, PREMISES`CONSIDERED@,Applicant pro se prays this Honorable Court issue instructions or orders as may be appropdate to the trial court so that an evidentiary hearing may be held.

Dat@;)<;;voy/’é?ZJ/: Z:Q:V¢§' Respectfully Submitted;

\ ohn Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B 1100 FM 655 Rosharon, Texas 77583-7670 + >z- >x- >:- >z- MIKNHUUDC HNEMSGBHB ' pg 5 of 7 Unsworn Declaration

l John Edward Morris, Applicant pro se, hereby state the following in support of this motion: \.

1) This motion cites supporting documents thathave been labled as exhibits, these exhibits are attached in Appendix C.

2) Appendix C contains an Unsworn Declaration wherein Applicant declares the exhibits are copies of the original documents.

3) This motion was prepared at the first available opportunity that the conditions of Applicant's confinement have allowed.

4) This motimnlws not been submitted in order to prejudice the State, nor has it been offered in an attempt to consume precious judicial resources.

5) Being presently incarcerated in the TDCJ+ID Ramsey Unit, in Brazoria County, l hereby declare under penalty of perjury that the foregoing statements are true and correct.2 Executed on thisz£§£/l day of éf// , 2015. /' dward Morris,

#1431218 A»plicant pro se, TDCJ-lD3 Ramsey Unit, 8-2-16B 1100 FM 655 Rosharon, Texasl77583-7670 See Bahm v. State, 219 S.W. &i391, 395 (Tex.Crim.App. 2007)(the only phrase that the legislature 'mandates' should be included in such declarations is "under penalty of perjury"). see also Tex.R. App.P~ 73.1(d)(verification).

MHKNHURDE HMEMSGRHB’ pg 6 of 7 Certificate Of Service

Court of Criminal Appeals for the State of Texas P.O. Box 12308 W. 14th St., Rm. #106 Austin, Texas 78711-2308

.¢ n Edward Morris, #1431218 Applicant pro se, v TDCJ-ID, Ramsey Unit, 8»2-16B 1100 FM 655 _ Rosharon, Texas 77583-7670 + $ >% $ % `MIKNPEUDG HDBS(IHHB pg 7 of 7 wR-78,184-02 TRIAL COURT NO. CR 2004-283-1 APPENDIX C IN THE COURT OF CRIMINAL APPEALS FOR THE STATE OF TEXAS AUSTIN, TExAs

EX PARTE JOHN EDWARD MORRIS

APPLICATION FOR WRIT OF HABEAS CORPUS FROM THE 274th DlSTRICT COURT COMAL COUNTY, TEXAS John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B 1100 FM 655 Rosharon; Texas 77583-7670 AHINHXC(DA HN§NSGRHB i iii q .» wR-78,184-02 TRIAL coURT No. cR 2004-283-1 APPENDIX C IN THE COURT OF l CRIMINAL APPEALS FOR THE STATE OF TEXAS AUSTIN, TEXAS

EX PARTE JOHN EDWARD MORRIS

APPLICATION FOR WRIT OF HABEAS CORPUS FROM THE 274th DISTRICT COURT COMAL COUNTY, TEXAS John Edward Morris, #1431218 Applicant pro se, TDcJ-lo, Ramsey Unit, 8-2¥163 1100 FM 655 Rosharon, Texas 77583-7670 AHINHX(§GD HNDNSGRHB i wR-78,184-02 TRIAL couRT No. ca 2004-283-1 APPENDIX C lN THE COURT OF CRIMINAL AFPEALS FOR THE STATE OF TEXAS vAUSTIN, TEXAS

EX PARTE JOHN EDWARD MORRIS

APPLICATION FCR WRIT OF HABEAS CORPUS FRON THE 274th DISTRICT COURT COMAL COUNTY, TEXAS John Edward Morris, #1&31218 Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B 1100 FM 655 Rosharon, Texas 77583-7670 AHINHXC(IA WHBSGKHB i UNSWORN DECLARATION

I John Edward Morris, #1431218 being presently incarcerated in the TDCJ-ID Ramsey Unity in Brazoria County, Texas, hereby declare 'under penalty of perjury' dwt l am personally acquainted with the original documants in this matter and the following are duplicates ofthe originals, indexed and paginated accordingly, in Appendix C.l 'Executed on this ;HEWHgday of fjéz/?// , 2015.

" ' \ ohn Edward Morris, #1431218

Applicant pro se, TDCJ-ID, Ramsey Unit, 8-2-16B 1100 FM 655 .Rosharon, Texas 77583-7670 See Tex.R.App.P. 52.7 (a)(l)(Z), and 73.1(d)(2).

AHINIXC(IA HNINSGPHE ii APPENDIX C Exhibit # Page # 1) Correspondence: J.Morris/Court of Crim.App.; Ret Tr.Ct.No. CR 2004-283-1 (12/03/15); pr. . . 01-03 2)` »Correspondence: J.Morris/Court of Crim.App.; ' Re: Tr.Ct.No. CR 2004-283-1 (01/02/15); App. . . 04-08 3) Correspondence: J.Morris/Clerk 22nd Jud.Dist.; Re: Tr.Ct.No. CR 2004-283-1 (01/05/15); 1p. . . 09-10 4) Correspondence: J.Morris/Court of Crim.App.; Re: Tr.Ct.No. CR 2004-283-1 (01/14/15); 6pp. . . 11-17 5) Correspondence: Court of Crim.App./J.Morris; Re: Tr.Ct.No. CR 2004-283-1 (01/14/15); 1p. . . 18-19 6) 0rder: To Deny Application; Re: Tr.Ct.NO. CR 2004-283-1 (01/21/15>; 1p. . . 20-21 7) Correspondence: Court of Crim.App./J.Morris; Re: Tr.Ct.No. CR 2004-283-1 (02/26/15); 1p. . . 22-23 8) Official Notice: Court of Crim.App./J.Morris; Re: Tr.Ct.No. CR 2004-283-1; WR-78,184-02 (02/26/15); 1p. . . . . . . . . . 24-25 END AHENNK(JGR HNIDSCDHUS iii EXHiBlT #1 .CORRESPONDENCE: J.MORRIS/COURT OF CRIM.APP.(pr) TR-CT.NO. CR 2004-283-1 (12/03/15) December 1st, 2014 '?§ 5 fees-usm lazzarste samuan 'H ).Hiv>+

Court of Criminal Appeals for the State of Texas w. 14th st., Rm.‘#lo@ Austin, Texas 78711-2308 N`no`a w xi Re: Ex parte dohn Edward Morris; application for writ of habeas corpus;.Trial Court No. CR 2004-283.

To the Hon. Louise Pearson, Clerk, By receipt please find enclosed: the applicatdn\for writ of habeas corpus; unsworn financial declaration; motion to recusethe Hon. Gary L. Steel; motion for leave to exceed the word and page limitations imposed by Tex.R.App.P. 73J1d); memorandum in support of the writ application; proposed.designatdx)of issues; motimnfor introduction and admission of supporting exhibits into evidence; motion for judicial notice; request for court appointed counsel; motion for bench warrant; Appendix A; and, Appendix B.

Please file-mark and return the enclosed AWW of thiscorres- pondence, in the attached SASE, as well as a copy of any findings filed by the trial court; were made. and the date upon which those findings Regaurdless of the findings and conclusions of the hearing judge, l would appreciate your consideration in bringing the writ application to the attention of the Court; as there are several issues that should have been preserved for appellate review, that involve Articles 26.13(a)(2),44.01(e), and 46B.004 of the Code of Criminal Procedure. l truly appreciate any and all assistance that you and your staff can provide in this matter, CORRESP JM/CCA_ _ pg 1 of 2 Ls =z\ H'v c*-»:)Bu ina GBQZ)§`¢H 393 @3'113 4 Re: December 1st, 2014 Ex parte John Edward Morris; application for writ of habeas corpus; Trial Court No CR 2004-283.

Sincerely, fw John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Wynne Unit, 10 D-42 FM 2821 Huntsville, Texas 77349-0001 Enclosures: coRREsP JM/cCA writ application form (24pp.); unsworn declaration (3pp.); motion to recuse (13pp.); motion for leave (6pp.); memorandum in support (131pp.); proposed designation of issues (13pp.); motion for admission of exhibits (7pp.); motion for judicial notice (8pp.)(Attachment A)(25pp.); request for court appointed counsel (épp.); motion for bench warrant (3pp.); Appendix A (160pp.); and, Appendix B (138pp.). pg 2 of 2 h EXHiBlT #2 coRRESPoNDENcE: J.MoRRIs/couRT oF CRIM.APP.(app) TR,cT.No. cR 2004#283-1 (01/02/15)

December 22nd, 2014

`=%ED m §§LNJNALAPFEALS

Court of Criminal Appeals for the State of Texasl P.O. Box 12308 Austin, Texas 73711-2308 Re; WR-78,184-01; and, Ex parte John Edward Mo for writ of habeas corpus; Trial Court No. CR 2004-283. ris; application `To the Hon..Louise Pearson, Clerk, ln 2012, l filed a motion for leave and petition for writof mandamus (WR-78,184-01) which was denied without written order; implying that a remedy existed via application for habeas corpus.

On December 3, '2014, l filed an application for writ of habeas corpus with the Clerk for dm522nd Judicial District, Comal County, Texas (see enclosed conformed copy).

My purpose in writing you is twofold: (1) l would genuinely appreciate if your office was able to provide me with the WR No. which has been assigned to the above-application; and (2) the no- tation "FILED FOR RECORD" on the enclosure gives rise to several concerns: (A) the application was never filed and forwarded to dm state; (B) the trial court is not going to review the writ appli- cation; moreover, (C) the clerk is not going to transmit all the motions which were submitted in conjunction with the writ appli- cation to your office. ln short, will your office provide me widi a notice upon receipt of the writ application. l look forward to your response.

Sincerely, / , C@HUSP /§:j§§§:;§;;é;;é;:{£g;a::b JM/CCA pg 1 of 2 December 22nd, 2014 Re: WR-78,184-01; and, Ex parte John Edward Morris; application for writ of habeas corpus; Trial Court No. CR 2004-283.

John Edward Morris, #1431218 Applicant pro se, TDcJ-ID, wynne Unit, FM 2821 Huntsville, Texas 77349-0001 'Enclosure: Correspondence; JM/Clerk 22nd Judicial Distirct (conformed copy)(pr.).

CORRESP \ JM/CGA ~ pg 2 of 2 December 1st, 2014 (CONFORMED COPY) FUJI)FCR‘NUIEU Clerk of the Court, 2014 D§.C'l§ AM 12=57 22nd Judicial District, ' DEDHCFG£RQG}N;GDMY Courthouse`Annex, Rm. #304 ~BY New Braunfels, Texas 78130 Re: Ex parte John Edward Morris; application for writ of habeas corpus; Cause No. CR 2004-283; GGHU.#WHQ 22M)000193012869.

Clerk, By receipt please find enclosed the followhg: correspon&Lme addressed to the Court of Criminal Appeals; the writ application form;.an unsworn financial declaration; motion to recuse the Hon.

Gary L, Steel; motion for leave to exceed the word and page limi- tations imposed by Tex.R.App.P. 73;1(d); memorandum in support of the writ application; proposed designation of issues; motion for introduction and admission of supporting exhibits into evidencez motion for judicial notice; request for court appointed counsel; motion for bench warrant; Appendix A; andy Appendix B.

Article 11.07 places several duties upon the clerk of the convicting court.1 Rule 18a, Tex.Rules Civ.Proc., likewise,;daces' 'several duties upon the clerk. ln addition to these duties, l ask for_your consideration in file-marking the enclosed copy of this Tex.Code Crim.Proc. art. 11.07, § 3(b) requires the clerk .to assign a file number and forward the application to the attorney 'representing the state. Sec. 3, subsec. d, requires the clerk to transmit under one cover, the application, attachments, and any motions filed with your office, to the Court of Criminal Appeals. coRREs JM/CLERK - pg 1 of 2

December 1st, 2014 _ (CONFORMED CoPY) Re:` Ex parte John Edward Morris; application for writ of habeas corpus; Cause No. CR 2004-283; QMUR.#WHQ 22U)000193012869. correspondence, to include a notation of the WR No. assigned to this case, and return that-copy to me in the enclosed SASE. l have not filed the attachments, or any of the motions, in an attempt to place an additional burden on your office. And l truly appreciate any additional assistance that you or your staff can provide in this matter.

Sincerely,

John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Wynne Unit, 10 D-42 FM 2821 Huntsville, Texas 77349-0001 Enclosures: k Correspondence addressed to the Court of Criminal Appeals; writ application form (24pp.); ' unsworn financial declaration (3pp.); .motion to recuse (13pp.); motion for leave (6pp.); and Memorandum in support (131pp.); nproposed designation of issues (13pp.); motion for admission of exhibits (7pp.); motion for judicial notice (8pp.)(Attachment A)(25pp.); request for court appointed counsel (4pp.); motion for bench warrant (3pp.); Appendix A (160pp.); and, Appendix B 138pp.).

4C<).RR_ESP JM/CLERK pg 2 of 2 EXHIBIT #3 coRRESPoNDENcE: J.MoRRIS/cLERK 22nd JUD.DIST.(ip) TR.cT.No. cR 2004-283-1 (01/05/15) January :;/, 2015 4Clerk of the Court; 22nd Judicial District, Courthouse Annex, Rm. #304

105 N. Seguin St. f ;A § New Braunfels, Texas 78130 §§ YT " §§ Re:_ Ex parte John Edward Morris; application for writ of_haH§§s corpus; Cause No.CR 2004-283; Motion to Restore Exhi it§§§n Appendix A. §§ s 31 To the Hon. Kathy H. Faulkner, Clerk, - §§ By receipt please find enclosed the following: a copy §f\é§is correspondence,attached toaaSASE (1p); Motion to Restore E hibits ln Appendix A (5pp); and Attachment|A (Appendix A; Exhibits #12 through #22; pages 66-1135(47pp).

Please file the attached exhibits, and make a notation in the record to reflect the restoration of the missing exhibits in Appendix A, and bring the complete Appendix A to the attention of this Court and the Assistant District Attorney.

Please file-mark the enclosed copy of this correspondence, and return the copy to me in the enclosed SASE.

.».-/ 11 \ ' »/' John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Wynne Unit, B4-1-04 FM 2821 Huntsville, Texas 77349-0001 Enclosure: b Copy of correspondence (1p), and SASE; Motion_to Restore Exhibits (5pp); and, Attachment A (Exhibits #12-#22)(47pp).

CC: Hon. Louise Pearson, Clerk, Court of Criminal Appeals GRNEP .

JUCURK v pg 1 of 1 ".=,’ *n as 1: §§ m :E © ' 2 w an ga m : '~‘> .. CD

` EXHIBIT #4 CoRREsPoNDENcE: J.MoRRIS/COURT oF-GRIM.APP.(spp) TR.cT.No. cR 2004-283-1 (01/14/15) // December 29th, 2014 '1.')' b ,:/ .

Re: Ex parte lohn Edward Morris; application for writ of habeas

Court of Criminal Appeals for the State of Texas P.O.Box 12308 Austin, Texas 78711-2308 corpus; Trial CourtsNo..CR 2004-283; missing exhibits and Reply u)the State's response (CM# 7013 1710 0000 4064 1690) (Attachment A and B).

To the Hon. Louise Pearson, Clerk, On December 22, 2014, l placed correspondence addressed to youin the Wynne Unit's mail system (12/22 corresp.). Enclosed was a conformed copy 02/22 enclosure)(pr) showing that hthe applica- tion was filed by the District Clerk hn:Comal County, on December 3, 2014, and the attachments comprised--among other things--Nq£n- dix A (160pp) and Appendix B (138pp). ln the 12/22 corresp. l addressed several concerns: chiefly the ongoing problem ofthe Comal County Clerk to properly receive, file, and forward documents to the Court. See, e.g., Attachment A (conformed copy of dm State's Response at 73[1-11) attached. ,he State has indicated that Appendix A Hpages 66-113 are omitted." In anticipation of this possibility, 1 have preparedzamotdm to resmore the missing exhibits. And will notify your office when the exhibits are filed with the Comal County Clerk. l have filed a Reply to the State's Response. See Attach- ment B (conformed copy of correspondence addressed to the Comal County Clerk)(lp)(CC: Hon. Louise Pearson).

GPHEP JMIA pg 1 of 2 December 29th, 2014 `Re: Ex parte John Edward Morris; application for writ of habeas corpus; 4Trial Court No. CR 2004-283; missing exhibits and Reply U)the State's Response (CM# 7013 1710 0000 406& 1690) '(Attachment A and B). l hope that this Court will reject the State's arguement,in the Response, as wedl as address the violation of a ministerial duty by the Comal Couty Clerh. l look forward to your reply in this matter.

Sincerely, ,/

John Edward Morris, #1431218 Applicant pro se, TDCJ-ID, Wynne Unit, B4-1~04 FM 2821 _ Huntsville, Texas 77349-0001 Enclosure: Attachment A l `_ Conformed copy of the State‘s Response at 7 (1p)(1-11) (Filed For Record)(12/18/14) Attachment B Conformed copy of correspondence (1p) (Dat€d 12/29/14) IWUR pg 2 of 2 ATTACHMENT A _ coNFoRMED COPY oF THE sTATE*S RESPONSE AT 7 (1p)(1-11) (FILED FOR RECORD)(lZ/lS/ll+) /‘)‘ ‘._ (coNFoRMED coPY)` FILED FoRVRECoRD 1a DEc 18. PM 1=04 nnHYH.ENinmR' DEmncro£moama.auny III. The Record Does Not Support Applicant's Claims At the outset, much of the Application references pages in his-Appendix A Which Applicant has omitted from the copy of Appendix A on file with the CkLk.

See, e.g., Memorandum at 11 (referencing page 91 of Appendix A, though pages to 113 are omitted); Application at 6 (likewise referencing omitted alleged Medical records). Ground two of the Application claims the plea vasdnduceity a punishment recommendation the State breached. Applicant's claim was raised and addressed already in a writ of mandamus file with dri@art-of Appeals._See`Blr§ Morris, 03e11-00692-CV;'2011'WL 6938504, Hat"Yl (Tex,App.--Austin Dec. 29, 2011, no pet.)(mem.op., not designated for publication)(where Applicant sought specific performance of an alleged term of his plea agreenent). The Court,. reviewing the written plea agreement anjtherecordci draplea proceedings, nned, that the trial court had: Clearly expiained#-and made sure that [Appii¢ant]¢understood-~` thattdxaplea bargain was not binding on Colorado because the trial court did not have authority to bind Colorado authorities. [Applicant] stated that he understood. There was no mention in open court at the tdne of the plea of [Applicant's] serving his Texas sentence in Colorado, although the plea paperwork stated that the State did not object to [Applicant] serving his time in Colorado. _ld. at *3 (emphasis added).Ihe(burtrepeatedly obsen&d that Applicant indicated' his understanding several times in the plea hearing before the njal<xnrt.ld.at' ` ` ',_ ' '. ~. ':. . .'*.' ` " .. .. '1_ _ L ,.,. .. ._ ..' ?'.",'.,1:. ..1..'..??

3,*&.?he€lurtrey£ien Applicant's arguement that there was an implied pnnase

,`/5 ATTACHMENT B' coNFoRMED coPY~oF coRRESPoNDENcEr(lp) (DATED_12/29/14)

d December 29th5 2014 Clerk of the Court,‘ 22nd Judicial District, Courthouse Annex, Rm. #304 N. Seguin St. New Braunfels, Texas 78130 ga @'3 38 893 §@’3/:“3

Re: Ex parte John Edward Morris; application for writ of habeas corpus; Cause No. CR 2004-283; Reply U)the State's Response in opposition to habeas-relief(®%$70131]10£@00!©641890% . -n To the Hon. Kathy H. Faulkner: Clerk, By receipt please find enclosed the following: a copy of this\ correspondence, attached toetSASE (1p); and a Reply u)the State's Response (Qpp), with Attachment (correspondence)(pr).

Please file-mark the enclosed copy of this correspondence, and return the copy to me in the enclosed SASE.

Please bring the Reply to the attention of the Court, and the Assistant District Attorney, so that it may be properly cmmi- .dered. l truly appreciate any additional assistance that you may provide in this matter. . ` jSincerely

John Edward Morris, #1431218 Applicant pro se, TDCJ§ID,.Wynne Unit, B4-1-04 FM 2821' Huntsville, Texas 77349-0001 n Enclosures; Copy of correspondence (1p), and SASE; Reply to the State's Response (Qpp); and, Attachment (correspondence)(pr).

CC: Hon. Louise Pearson, Clerk, Court of Criminal Appeals GBNEP ‘ - ll z DMLHU - pg 1 of 1 ' EXHIBIT #5 CORRESPONDENCES* ~COURT OF¢CRIM,APP,/J.MORRIS“(lp) n TR;cT,No.'cR 2004-283-1 (01/14/15) /8 SHARON KELLER PRES!DING JUDGE LAWRENCE E. MEYERS CHERYL JOHNSON M[KE KEASLER BARBARA P. HERVEY ELSA ALCALA ` BERT RlCHARDSON KEVlN P. YEARY DAVlD NEWELL JUDGES -January 14, 2015

' ' ABEL AcosTA COURT oF CRIMINAL APPEALS 5155§§§55‘ P.o. Box 12303,CAP1TOL STATloN ( ) ' AUSTIN, TEXAS 78711 ' SIANSCHILHAB . GENERAL COUNSEL (512) 463~1597 John l\/lorris #1431218 _\/Vynne Unit, B4-1-O4 F|V| 2821 Huntsvi||e, TX 77349 RE: Your enclosed correspondence Dear l\/lr. l\/|orris: The Court has received your recent correspondence There is nothing pending in the Court of Criminal Appea|s on your behalf. VVe are therefore returning the enclosed correspondence for your convenience ' lf you have_any further questions or concerns, please direct them to the District Clerk in the county Where you Were convicted AA/vj Enclosure Sincerely,

Abe| A\c/ost.';: Clerk / SuPREMx-: COURT BuILDrNG, 201 WEST 14TH STREET,ROOM 106, AusTrN, TEXAS 7870! `WEBSITE www.TxcouRTs,Gov/CCA.ASPX EXHIBIT #6 0RDER: To DENY1APPLICAT10N (ip) TR;cT;No. en 2004-283-1 (10/21/15)

CAuSE NUMBER: CR2004-283-1_ 3 , 1 _ q m § Ex PARTE: § iN THE msch § § coMAL coUNTY, TEXAS § John Edward Morris § 22““ JUDICIAL msch ORDER TO DENY APPLICATION FOR WR!T OF HABEAS CORPUS On this day was considered the Application for-Post Conviction Writ of Habeas Corpus filed herein by the Applicant, and alter reviewing the application, and the authority relied upon, it is ' the opinion of the Court that there are no previously unresolved facts material to the legality of the Applicant’s confinement and that said Application be DENIED.

It is therefore ORDERED, ADJUDGED and DECREED by the Court that no Writ of Habeas Corpus shall issue, no hearing¢conducted and no requested relief granted. 4 l It is further ORDERED~ that the clerk forward a copy of the Application for Writ of Habeas Corpus and this ORDER to the Court of Criminal Appeals at Austin, Texas. ln addition, the clerk is to mail a copy of the ORDER to the Applicant. .signed; ///Z§/j§'.’

JU'DGE PRESIDING STATE UF TEXAS CUUNTY OF COMAL l certify this to he a true and carre copy of the record FlLEU & RECORDE m the Official Court records of Distr' Court on this date and time st l thereon.

EXHIBIT #7 coRREsPoNDENcE= 'couRT oF cRIM.APP;/J,Mokkls (1p) TR.cT.No.-ck'zooa_z83-1 (02/26/15)

SHARON KELLER PRESIDlNG JUDGE LAWRENCE E. MEYERS CHERYL JOHNSON ' MlKE KEASLER BARBARA P. HERVEY ELSA ALCALA BERT RlCHARDSON KEVIN P. VEARY DAVlD NEWELL }UDGES February 26, 2015

ABEL ACOSTA COURT oF CRIMINAL APPEALS (wc)r§§_rw P.O. BOX 12308, CAPITOL STATION ` ' ` ' AusTiN, TEXAS 78711 _ S,AN SCH,LHAB GENERAL COUNSEL (512) 463-1597 John Morris #143-1218 _ Ramsey Unit 1100 Fl\/l 655 Rosharon, TX 77583 RE: Trial Court Case #CR2004-283 Dear Mr. l\/lorris;' , After a thorough search of our records, we find that you do not have a Writ of Habeas Corpus filed in the Court of Criminal Appeals at this time., lf you have any further questions or concerns, please direct them to the District -C|erk in the convicting county where you originally filed the application. ` l am herewith returning your documents AA/vj Enclosure sss Abel Mosta, Clerk

SuPRF.ME COURT BuiLDiNc, 201 WEsT l4TH STREET, ROOM l06, AusTlr\', TEXAS 787()1 WEBsiTE www.TxcouRrs.cov/ccA.Ast EXHIBIT #8 oFFIciAL NoTlcE: COURT ’OF-¢CRIM.APP`./J`.MORRIS (1p)» TR;cT.No._cR 2004-283-1;' wR-78;184-02 (02/26/15). (coNFoRMED coPY) ' onncutrormnrn)ialnrorcRnnNMJNWELscFUEns iad HKJzXB;eYncLanKN,ABnm,tEeszenl . odnzez% wm]o ams 2/26/2015 PADEDERUIZD?GDE7&1 MoRRIs, JoHN EDwARn Tr.ct.NQ..cR 2004-z83-1 . wR-78,1sa-02 ` On this day, the application for 11;07 Writ of Habeas Corpus has been received and;presented to the Court.