PD-1270-11 Clyde Henry Crump #1643987 Eastham Unit 2665 Prison Road 1.

Lovelady, Texas 75851 IO /<A3 /2015 Clerk of7 the Court of Criminal. Appeals P.O. Box: 12308 RECEIVED IN Austin, Texas 78711 COURT OF CRIMINAL APPEALS District Clerk Harris County , NOV 12 2015 P.O. Box: 4651 Houston, Texas 77210-4651 AbelAcosta. Clerk RE: FOU FILING

Please file and bring to the judges of the above listed count's attention for a ruling on my enclosed REQUEST FOR ODT OF TIME STAY OF MANDATE TO FIT E A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COUKT.

FuTther, please provide me with a stamp dated copy of this cover letter indicating filing date.

As well, I can be contacted at my addressed listed above with the court's ruling upon their decision.

In advance Thank You for your assistance.

Clyde Henry Crump #1643987 Movant Pxro-Se Eastham Unit 2665 Prison Road 1 Lovelady ,, Texas 7585-L, ,-« ...

HLED IN COURT OF CRIMINAL APPEALS

alxsi Acosta, Clerk CLYDE HENRY CRUMP, § IN THE COURT OF CRIMINAL TDCJ No. 1613987 § WJVANTi PRO-SE § APPEALS § § AUSIIN, TEXAS

REQUEST FOR OUT OF TIPE STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THt UNIIEU STAIES SUPREME COURT AND/OR A MUIIUN FOR KEHtARlNG IN THIS COURT

No. PETITION FOR DISCRETIONARY REVIEW

APPEALED TO THE FOURTEENTH COURT OF APPEALS No. 14-10-00437-CR

179™ JUDICIAL DISTRICT COURT HARRIS COUNTY, TX 1119150 No. PETITION FOR DISCRETIONARY REVIEW

CLYDE HENRY CRUMP, § IN THE COURT OF CRIMINAL TDCJ No- 1643987 § MOVANT, PRO-SE § APPEALS § AUSTIN, TEXAS

REQUEST FOR ODT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT

COMES NOW, CLYDE HENRY CRUMP, TDCJ No. 1643987, MOVANT, PRO-SE, in the above numbered and styled cause of action and request that this Court GRANT his REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING EN THIS COURT, pursuant to rule 69.4 (TRAP), and the rules governing Writ of Certiorari in the United States Supreme Court. Movant, will show the following:

I.

After a 2010 conviction in cause no. 1119150, the Trial Court appointed Counsel Sharon E. Slopis to represent Movant on direct appeal. Counsel Slopis filed the direct appeal, which was denied on August 23, 201.1, No. 14-10-437-CR.

Appointed Counsel Sharon E. Slopis, then filed a timely Petition for Discretion Review with this Court (Movant does not know the filing date nor the number of this Petition for Discretionary review).

However, after contacting Counsel Slopis in October 2015, Movant learned that the Petition for Discretionary Review was denied by this Court on January 25, 2012.

II.

After consulting with offender Marlin Webb #541397, in the Eastham Unit Law libaray, Movant was advised to contact Counsel Slopis and the Clerk of this Court to inquire into the status of his Petition for Discretionary Reviev. Upon this advice Movant did in fact, write Counsel Slopis and the Clerk of this Court a letter inquiring into the status of his Petition for Discretionary Review.

Pg 1 of 4 Ira response, Counsel Slopis informed Movant (by letter) that his Petition for Disc5reti.on.ary had been denied by this Court on January 25 2012.

However, the letter that. Counsel Slopis sent to Movant was/is BACEDATEED to February 1.0, 2012 and INCORRECTLY addressed to the TDCJ Telford Unit in New Boston, Texas.

With the backdated letter, Counsel Slopis informed Movant that, ("he had one step left", to file a request with this Court asking that a. stay of mandate be issued so that he could file a writ of certiorari to the United States Supreme Court.)

III.

Counsel Slopis erroneously mailed Movant notice of this Court's January 25, 2012 decision, denying his Petition for Discretionary Review on February 10, 2012 to the TDCJ Telford Unit 3899 State Hwy- 98, New Boston,, Tx 75570.

While Movant was infact assigned to the TDCJ Telford Unit from July 2010 until December 2010, Movant was no longer assigned to the TDCJ Telford Unit in February 2012, due to a administrative unit transfer in December 2010.

In December 2010, Movant received an administrative unit transfer to the TDCJ Michaels Unit 2664 FM 2054 Tennessee Colony, Texas 75886. See Exhibit A Movant remained on the TDCJ Michaels Unit from. December 2010 until November 2014 when be was administratively transferred to the TDCJ Eastham Unit 2665 Prison Road 1 Lovelady, Texas 75851 where he remains house to date.

THUS, Movant was not assigned to the Telford Unit on February 10, 2012 to receive the letter Counsel Slopis sent informing him of this Court's January 25, 2012 decision denying his Petition for Discretionary Review and informing him of his next available option(s).

FURTHERMORE, TDCJ Telform Unit mailroom (TDCJ EMPLOYEES) did not forward Movant the February 10, 2012 letter from Counsel Slopis informing him of this Court's January 25, 2012 decision denying his Petition Discretionary Review and his next available option(s).

IV.

Pursuant to Rule 69.4-(TRAP), Movant had fifteen (15) days inwhich, to file a Motion for Rehearing with this Court, after it's January 25, 2012 decision denying his Petition for Discretionary Review. Movant, would not have knowingly waived any of his procedural rights. Had Movant, been timely notified Pg 2 of 4 of this Court's decision, he would have elected to file the nation, for rehearing.

Moweover, if timely notified Movant would would have Requested a Stay of Mandate, allowing him ninety (90) days to file aWrit of Certiorari in the United Spates Supreme Court. Movant would not have knowingly waived this procedural right.

V. Movant dees not know who is responsible for failing to provide timely notice to. him, of this Court's January 25, 2012 decision derxying his Petition for Discretionary Review and informing him of his next options) - Counsel Slopis for mailing the notice to the erroneous address or th,e TDCJ Telford Unit, mailroom (TDCJ EMPLOYEES) for failing to either forward, the letter (notice) to Movant or returning the letter to Counsel Slopis - at any rate Movant did not received notice of this Courts decision denying his Petition for Discretional Review until October 19, 2015 and is now forced to make this request. See Exhibit. B & C.

VI.

PRAYER Movant, PRAYS that this Court GRANT this REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE AWRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OS AMOTION FOR REHEARING IN THIS COURT for the reasons set forth above, namely that Movant did not receive timely notice of this Court's January 25, 2012 decision denying his Petition for Discretionary Review and instructions from his Court Appointed Counsel Sharon E. Slopis. Movant Prays for all other relief that this Court deems just and necessary in the interest of justice.

VTT.

CERTIFICATE OF SERVICE Movant, declares that service has been completed by placing the above and foregoing REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE A WEIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT in the United States institutional mailbox located in the North hallway of the

Pg. 3 of 4 East.h.m nit .«„»..„ to the Cl„k of the Court of Crl»,„. , . , U30S *iitlll. T_ 7sm and to ,he B„ris Mitrtc • -» » P.O, »« H„USto„, Iexas ,7210.4651 „„ tM. &M_ day of _asfctfc£L_ClMt '£ »~ Clyde tferrry" Crump #1673987" Movant Pr0-Se

vm.

UNSWORN DECLARATION T, CLYDE HENRY CRUMP, TDCJ No. 1643987, Movant, Pro-se incarcerated at the TDCi Ea.th™ tt •«. , S preseT,tl? n.„-it -r • ^ovelday, Texas declares under tbe penalty o* perjury that, according to my belief and knowledge the fore.o facts set out above in my REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE Aon OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR AMOTION FOR REHEARING IN THIS COURT are true and correct, ^xas Civ Pratices a,d Remedies Code Chapter 132.001-003. Executed on *his iw day of J-2c£«2iS&C 2015. -— y

Clyde Henry Crump #1643987" Movant Pro-Se Eastham Un i t 2665 Prison Road 1 Lovelady, Texas 75851

Pg 4 of 4 No. PETITION FOR"dISCRETIONARY REVIEW CLYDE HEURY CRUMP, 6 IN THE COURT 0F CRIMINAL TDCJ No. 1643987 § MOVANT, PRO-SE § APPI^AIS § § AUSTIN, TEXAS

COURT'S ORDER

CAME TO BE CONSIDERED on this the day of __ , 20 , Movant's REQUEST FOR ODT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UlSITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT and it is the ORDER of this COURT that said request be GRANTED / DENIED.

COMMENTSi

- J.*i.?l^JL jU. J. ISO HOUSTON, COUNTY LOVELADY?, TEXAS

AFFIDAVIT

I, CLYDE HENRY CRUMP, TDCJ #1643987, Affiant, Pro-Se, the u.^^^ authorlty personal ly appeared while presently housed at the TDCJ Eastern Unit without any premises cf gifts or coercions of threats and. violence depoSes and statGS the following:

I am the one and the same litigant in the attached and foregoing REQUEST FOR ODT OF TIKE STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT; Ihave not, and would not, intelligently, knowingly and voluntarily waive any procedural rights or options provided to me by the laws of the State of Texas or the United States of America, in the appeal of this capital murder conviction and life without parole sentencej I did not receive notification of this Court's January 25, 2012 decision, denying my Petition for Discretionary review until October 19, 2015, and Ionly received said notice then, because I received advice from offender Marlin Webb 541397 while in the Eastham Unit Law Library suggesting that I contact Counsel Slopis and the Clerk of this Court and inquire into the. status of my Petition for Discretionary Review;

I was not assigned to the Telford Unit in February 2012 to received the erroneously addressed letter from Counsel Slopis notifying me of this Court's January 25, 2012 decision denying my Petition for Discretionary Review and what my remaining legal options were;

Telford Unit mailroom (TDCJ EMPLOYEES) did not forward to me at the TDCJ Michaels Unit, Counsel Slopis' letter informing me of this Court's January 25, 2012 decision denying my Petition for Discretionary Review; I did not receive notification from the Clerk of this Court notifying me of this Court's January 25, 2012 decision denying my Petition for Discretionary Review:

Pg 1 of 2 Had Affiant received timely notice of this Court's January 2S, 2012 decision denying m^ Petition for Discretionary Review and counsel Sloj>is» advice that I had "one step left, to request a stay of mandate to file a w^it of certiorari in the United States Supreme Court, then I would have done exactly that in a timely manner. Just as I am now requesting to do so.

Affiant says further not.

Clyde HenTy~Crurop-#l'64l987 ~ Affiant Px-o-Se

CERTIFICATE OF SERVICE Movant, declares that service has been completed by placing the above and foregoing AFFIDAVIT in the United States institutional mailbox, located in the North hallway of the Eastham Unit addressed to the Clerk of the Court of Criminal Appeals P.O. Box 12308 Austin, Texas 78711 and to the Harris County District. Clerk P.O. Pox 4651 Houston, Texas 77210-4651 on fhis jC?Jrc/ day of October 2015.

Clyde Henxy Crump #1643987 Affiant Pxo-Se

UNSWORN DECLARATION I, CLYDE HENRY CRUMP, TDCJ No. 1643987, Movant, Pro-Se, being presentl.y incarcerated at. the TDCj Eastham Unit, Loveldey, Texas declares under the penalty of perjury that, according to my belief and knowledge the foregoing facts set out above in my AFFIDAVIT are true and correct. Terras Civil Pratices and Remedies Code Chapter 132.001-003. Executed on this ^3rJ day of October 2015.

<? %.c?

Clyde 4tenry Crump #1643987 Affiant Pro-Se Eastham Unit 2665 Prison Road 1 Lovelady, Texas 75851

Pp 2of 2 of 2 * V

TEXAS EDUCATION AGENCY 1701 North Congress Ave. • Austin, Texas 78701-1494 • FAX: 512/305-9493V http://www.tea.state.tx.us/ged

^x//^xr A H Friday, May. 25, 2012

CLYDE H CRUMP 2664 FM 2054 ATTN EDUC DEPT TENNESSEE COLONY, TX 75886 In order to receive a Texas certificate of high school equivalency, you need to take further action.' Please note thefollowing regarding scores that are on file for you at the Texas Education Agency: . . - .

PASSING SCORE REQUIREMENTS: You must make a total score ofat least 2250 (450 average) with no score less than 410.

RETESTIMG: We strongly recommend that you prepare for the tests by studying at an adult education.program or with a certified teacher. When you are prepared, your teacher will give you a retest letter to take to the GED Testing Center. Unless you have a retest letter, you must wait six months before retesting.

INCOMPLETE SCORES: This score report reflects all of your GED Test scores which are currentlyon file in our automated database, but it may not reflect your complete test history. The following may apply: (1) ifyou have not taken allfive tests, you need to make arrangements to complete the tests at a local GED testing center; or (2) if you tested beforeat another Texas center let the center know that you have completed additional tests.

COMBINATION OF LANGUAGE VERSIONS: In order to receive a certificate, you must successfully completeall five GED Tests in one language. English and Spanish language editions of the tests cannot be combined.

- For Test Center Use Only - Test Form History English Language Arts, Social Studies Science Language Arts, Mathematics Writing Reading 5/24/2012 IG 5/24/2012 IG 5/24/2012 IG 5/24/2012 IG 5/24/2012 IG lMYY?3ILN7:vY°Ur XXXXX4643. GERtake You must IeSiSC?r«S this letterT!Hed bVUewhere to the center f°llowin9 you File planIdentification Number: to complete the testor retest Failure to use your File Identification Number may result in incomplete GED test results. DO NOT LOSE THIS LETTER.

OFFICIAL REPORT OF TEST RESULTS TESTS OF GENERAL EDUCATIONAL DEVELOPMENT Name: CLYDE H CRUMP Date of Birth: 6/7/1984 Testing Center: MICHAEL File ID: XXXXX4643

I. HIGHEST TEST SCORE REPORT I. The following GED Test scores are your highest scores: TEST TEST DATE FORM LANGUAGE. SCORE us% Lanquaqe Arts, Writinq 5/24/2012 IG Enqlish;. 510 54 .

Social Studies 5/24/2012 IG Enalish • 380 12 Science 5/24/2012 IG Enqlish 440 27 Lanquaqe Arts, Readinq 5/24/2012 IG Enqlish 520 58 Mathematics 5/24/2012 IG Enqlish '' 400 16 Total Score: 2250 Averaqe Score: 450^0

II. MOST RECENT TEST SCORE REPORT II. The following GED Test scores are your most recent scores: TEST TEST DATE FORM LANGUAGE SCORE US% Lanquaqe Arts, Writinq 5/24/2012 IG Enqlish 510 54 Social Studies 5/24/2012 IG Enqlish 380 12 Science 5/24/2012 IG Enqlish 440 27 Lanquaqe Arts, Readinq 5/24/2012 IG Enqlish 520 58 Mathematics 5/24/2012 . IG ' English 400 16

You need to retest/complete the following GED Tests, and make a total score of 2250: Social Studies; Mathematics (See reverse side for information about Passing Score Requirements, Retesting, and Incomplete Scores).

GED Unit: [email protected] SHAISONE. SLOPIS, ATTORNEY AT LAW p.o box moms Houston, tx, 77098 cnssawm \February 10,.•2012

Mr. Clyde Henry Crump T.D.C. #01643987 vTelford Unit .

3899 State HwyT 98 New Boston, Tx. 75570

Dear Mr. Crump; I regret to inform you that the Court of Criminal Appeals refused your Petition for Discretionary Review on January 25, 2012.

You still have one more step to take if you wish to take it.

You may move to stay issuance of the mandate for 90 days, and file a Writ of Certiorari to the United States' Supreme Court.

You may either file the Writ yourself, or hire an attorney to file it for you, as the court will not appoint counsel at this stage of the proceedings.

I regret that we were unable to win your appeal, and I wish you good luck.

Very truly yours,

Sharon E. Slopis SHARON E. SLOPIS, ATTORNEY AT LAW p.obox980803 Houston, tx, 77098 cHSsawm "October 12, 2015

Mr. Clyde Henry Crump T.D.C. #01643987 Eastham Unit 0-2-6 Top 2665 Prison Rd. #1 Love Lady, Tx 75851

Dear Mr. Crump; Enclosed is the last letter I sent to you, regarding your PDR. There is no state response. I hope this helps.

Very truly yours,

Sharon E. Slopis, Attornev at Law