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. . Chris Dan jet - cause No.1428697-A ' » °'Sfr"¢=v ci§,-§ _ “ ' _ ij61132015 _ _ 'T|mTe`.' E)< PART_E § , iN THE 1,§4 ~ ~ - oouifiy _ _ - _ § oF - ERlc sAMuELTucKER, 1 cr q ' - Applicant , §A HARRis coquFY~;T~§x?'i\ifs _F . ' l . " `;' STATE' S PRCPOSED FlND|NGS OF FA_G]§J Acosta C|er~k CONCLUS|ONS OF LAW, AND ORDER The Court has considered the application for Writ of habeas .corpu`s, the ' $tate’s Original Answer, and.officia| court records in the-above-captione'd cause. ` " The Cou`rt finds :_~_th_at there -are: no contr_o\:/_erted, previously unresolved facts material to' the legality of the 'app|icant's confinement Which require an evidentiary hearing and recommends that the instant habeas application,_ cause ' _ number 1428697-'A, _'be dismissed for the following r_easons: ' FlNolNc-is oF F`AcT

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1. The applicant is confined`pursuant to the judgment and sentence of the 184th District Court~ of Harris County, Te)<as, in cause number 1428697 (the primary case), Where the applicant was convicted by the . - __ trial court for the felony offense of aggravated assault against a family 4 _ member causing serious bodily injury.

2. The trial court assessed the applicant's punishment at thirty (30) years ,confinement' m the Texas Department of Criminal Justice - lnstitutional` Division.

3. The applicant filed a notice of appeal in the trial court on February 20, ' 2015. The mandate has not been issued. l 4. The applicant's direct"appea| is currently pending in the First Court of Appea|s. See State’s Writ Exh/'bit A, Case lnformation on case number ' No. 01-15-00274- CR from the First Court of Appeals Website.

73 a ~.\ 5. The instant application does not comply with the contents by Rule 73. 1 of the Ru|es of Appel|ate Procedure. " 'coNcLusloNs o`F LAw 1. A post-conviction application for writ of habeas corpus will not be considered when direct appeal of the applicant' `s conviction is pending review before an appellate court. Ex parte Brown, 662 S. W. 2d 3 (Tex. Crim.App. 1983). - - 2._- The instant habeas application does not comply with Ru|e 73 because the applicant fails to use the current form application prescribed by the Court of Crimina| Appeals to submit his application for writ of_ habeas corpus and his grounds for relief. Tex. R. App. P. 73.1.

3. - Non- -comp|iance with the filing requirements stated in the Texas Ru|es of Appel|ate Procedure deems an application for writ of habeas corpus dismissib|e. Ex parte B/ack/o_ck, 191 S..W3d 718 (Tex. Crim. App. 2006). a According|y, it is recommended to the Texas Court of Crimina| Appeals that the instant application for writ of habeas corpus, cause number 1428697-A, be ' dism_issed.

THE CLERK |S ORDERED to 'prepare‘a transcript and transmit same to the .Court of Crimina| Appeals as provided by Tex. Crim. Proc. C.ode Ann. art. 11.07. The transcript shall include certified copies of the following documents: '1. The application for writ of habeas corpus,' 2. l The State's answer and attached exh'ibit; 3. . - The'(:lourt's order; '4. .The indictment,'judgment and sentence, and docket sheets in cause number 1428697 (unless they have been sent to the Texas Court of Criminal Appea|s pursuant to a post- -conviction writ of habeas corpus order); and _ 5. _ The State' s and the applicant' s Proposed Findings of Fact and . Conc|usions of Law (if any).

THE CLERK' is further ORDERED to send a copy of this order to the applicant, v Eric S. Tucker, #01983465- Stiles Unit, 3060 Fl\/| 3514, Beaumont, Texas 77705; '- and _to counsel for»t_he State','Andrew Smith, 120.1'Fra'nk|in `Street, Suite 600, ' Houston, Texas, 77002.

By the following signature, the Court adopts the State's Proposed Findings of Fact, Conc|usions of Law and Order in cause no.1428697- A. slGNEDthis [i/M/ dayof §<’7€;/ ‘ .'~`,201`5. .{`/`P§`lE/SiolNG`JuDC-;E .

cause No. 1428697-A

l Ex PARTE 4 - § lN THE 184TH DisTRicT couRT § OF ERlc sAMuEL Tuci<ER, ` , _ Applicant 4 _ ' _ ' § HARRis couN_TY,»T E x`A s cERTlFchTE oF sE'vacE` ',The undersigned counsel certifies that | have served `a copy of the State's Proposed Findings of Fact, Conc|usions of Law, and Order in cause number :_’-.` _ ,v. ~ 1.. ;). _ ~ 1428697-A to the applicant on October 13 2015 by mail as follows:

Eric S. Tucker 3 , #01983465 - stiles unit 30`60 Fivi 3514 v a Beaumont, Texas 77705 `

z.§:/-\ndrew J."Smith // ~ Assistant District Attorney Harris County, Texas 1201 Frank|in, Suite 600 Houston, Texas 77002 (713) 755- 6657 Texas Bar lD #24048100 _ 7Prepared by: Emi|y Patton- |ntern F.r,_ .`»'.~ -4"‘;‘"~£_’7?~»~.$-~_`»

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Mr. Eric Samuel Tucker 'I`DC]# 01983465 l*lolliday Unit, TDC_] _H~I-45 North l`-.h,mtsville, 'I'X 77320-8443 P\`;e: Cause No. 01~15-00274~_CR t First Court of Appeals Appeal of Cause No. 1428697 184th District Court State of Texas vs. Eric Samuel Tucker Dear Mr. Tucker, As you know, I have been appointed to represent you in the appeal of your conviction I have received the many letters you have been sending me, and l will arrange a telephone conference with you soon so we can discuss your case in more detail.

As you probably know, the purpose of a direct appeal is to convince a higher court (the Court of Appeals) that a mistake was made in the trial court. If we can convince the Court of Appeals that theie was a very serious mistake, then it could be possible to get a new trial or even an acquittal.

Please know that very few cases are won on appeal Once a conviction happens, it is extremely dif§cult to undo. However, we always try our very best on every case to win the appeal. We care about our clients and will do everything we can to help your case.

W!zat flappens on Appeal? l"~§eariy everything in an appeal happens on paper, not in a courtroom. You will not be able to be present for anything'that happens on appeal 'Courts of appeal do not hear new evidence or ` `acts lhey can only look at what already happened in the trial court and see if any serious mistakes we1e made Your appeal has been a ssitfned to the First Court of /.\ppeals in downtown Houston. Your appeal case number is Ol~ 15 00274CR. \ l)age 2 of 3 Tucker, Eric Samuel The ]Ymeline , Your sentence of 30 years in the institutional division, TDC_], was imposed on February 18, 2015.

Your Notice of Appeal was filed on February`20, 2015. _ The Record The court reporter will file the 'Reporter’s Record of your trial with the court of appeals. The Reporter’s Record contains nearly every word transcribed from the trial The Clerk’s Record has been filed lt includes the legal papers from the court’s file (indictment, motions etc-.).

The Briefs Z";Ié',§?&§§§'§“g§$$§e&tlaz §§ ;" Once. the Clerk’s Record and R.eporter’s Record have both been filed, we'have 30 days to file our brief. The brief is a written argument as to why you deserve a new trial If needed, the court of appeals can give us more time to file our brief.

After we file our brief, it is the State’s turn to file its brief in response to what we’ve argued The State has 30 days from the filing of our brief to file its brief, and more time if needed Many times we will also file a reply brief, in which we answer the arguments the State has raised. l O_ral Argument' After all briefs are filed, the court of appeals then decides whether to hold oral argument O_ral argument is when both sides argue the case in person to the judges in the Court of .Appeals, and the judges get to ask questions. Oral argument is not common, but we request it in most cases.

Waiting for a Ruling Once the case has been subrnitted, we wait for a ruling. lt is sometimes a long time before the court of appeals decides a case. The length of time depends on many things_, such as how big the record is. lt may take 6 months from the time the briefs have been filed, or it may take much longer It’s hard to predict The Opinion At some point, the court of appeals will hand down a written opinion that either upholds your Conviction or reverses it for a new trial On rare occasions, the appellate court may even order an acquittal but that is very rare. Th.ere areother possible results, like modifying or changing the written judgment in your case. Sadly, cases are not usually won on appeal But it is possible and we will try as hard as we can.

Once the court of appeals hands down an opinion in your case, the losing side may file a motion for rehearing if it hopes it can convince the court to change its mind. However, this is not usually done lt really depends on what the court of appeals said in its opinion.

Page 3 of 3 \l:\`<l DUNCP~NS" HZQC@Q\‘_‘?§_”TOF`IL€ 5 ‘~r\‘i*:‘j_ fit *‘;"‘€`:“€$lz' t W“*\ §' r…_ Tucker l ric Samuel § - ' W Peti_tion for Discretionary Review (PDR) The next major step is called a Petition for Discretionary Review commonly referred to as a PDR A PDR is a paper asking the Court of Criminal Appeals to review your case.

1 he PDR may be filed by whoever has lost the case at the court of appeals level lf no motion for rehearing has been filed after the court of appeals decision has been handed down, then the PDR is due 30 days from the date that the court of appeals hands down its opinion. Usually more time is requested for filing the PDR.

The PDR goes to Austin to the Court of Criminal Appeals, which is the highest criminal court in Texas. lf that court grants your PDR, then it has agreed to look at your case and will require more briefs and papers. There may be oral argument, but the Court usually decides not to give oral argument l 'l` he PDR is usually decided more quickly than the case was decided at the court of appeals level lt typically takes anywhere from 3-6 months for the Court of Criminal Appeals to decide whether it will grant or refuse a PDR. Most PDRs are refused and the court decides not to look at the case.

There are cases in which you may not have a valid issue to pursue on PDR. lf we were to decide ' that there are no real issues to present to the Court of Criminal Appeals b_y a PDR, we will let you know immediately, and advise you of your rights with regard to filing your own. Once the PDR is finally decided, the direct appeal in your case is over. vMfore About YourAppeal l will send you a copy of everything l file on your behalf, as well as any responses filed by the State and any replies we may file. Of course, l’ll also send you any opinions or rulings that are given by the court of appeals lf you have questions that this letter has not answered, then please feel free to write me again. \ \\ S` e rely; : j HERl D’[J CAN Assistant Public Defender C'D/ip a/is/°tj`i¢ . ' Haman \/odou - vmapedia, me free encyclopedia

Mirrors represent

doorways to the world of 4 (CA rljhll 55ij ala \/ the dead. %HUMAN LIFEQH';p/\lT j Myths and misconceptions 1 ` Vo'dou has often been associated innlo-ir)ular culture with Satanism, ?lé

zombies and "voodoo dolls". Zombie creation has been referenced Within rural Haitian culture,[46] but is not a part of Vodou. Such manifestations fall under the auspices of the»_.bokor or sorcerer, rather than the priest of the Loa. The practice of sticking pins in voodoo dolls has history in folk magic. "Voodoo dolls" are often associated With New Orleans Voodoo and Hoodoo as well the magical devices of the poppet and the nkisi or_ w w w _ _ w _ w w w b@CiO OfWeSt and C€nn`al A§`ica~ w PL€ASC w a _. » The Affaire de Bz`zolon of 1864. The wmurder and alleged cambalization of her body by eight voodoo devotees

The general fear ofVodou in the US can be traced back to the End of MM Th§re ].S a l§g§_d. fhat Haman§:W_§,l_-§TE caused a scandal Worldwide and was v t_o beat the French during the Haihan Revolution because their Vodou taken as proof Of the evil naturwe wa deilies made them invincible The US, seeing the tremendous potential Vodou had for rallying lts followers and inciting them to action, feai ed the events at Bois-Caiman could spill over onto American soil F caring an uprising in opposition to the US occupation of Haiti, political and religious elites, along With Hollywood and the film industry, sought to tn`vialize the l l practice ofVodou Atter the Haitian Revolution many Hai`tians fled as refugees to New Orleans Free and§enslave‘di Haitians who moved to New Orleans brought their religious beliefs with them and reinvigorated the Voodoo pwiactices that Were ahea® present in the cityj:ventually, Vo ew Oileans be en and the .» ~_ components were lett present 111 the public spheie. This created what is called hoodoo m the southern pait: of the 'United States. l§cause hoodoo is tolk magic, Voodoo and Afro- diaspon`c religions in the U S_heeame: synonymous with fraud This is one origin of the stereotype that Haitian Vodou, New Orleans Voodoo;»:and_g who_odoo are all tricks used to make money off of the gullible.lM]

voodoo even twh<_)_ugh the confessions

that condemned the accused were

1 .'¢}~

The elites preferred to view it as folklore in an attempt to render it relatively harmless as a curiosity that might continue to inspire music and dance."[48] 1. 6'./15,/2014 Haltian Vodou- Wlla'pedia, the free encyclopedia Papa Legba and asks him to open the gate and then one salutes and speaks to the particular spirit as an elder family member. Ancestors aie approached directly without the mediating of Papa Legba, since they are said to be "in the blood“.

In a Vodou home, otien, the only recognizable religious items are images of saints and candles with a rosaiy. In

other homes, where people may more openly show their devotion to the spirits, noticeable items may include'an

repository of spirits and the crossroads acts as points of access to the world of the invisible altar with Catholic saints and iconographies, rosaiies, bottles, iars, rattles,wpwe_r_fgme_s,£il_s_?_in@d_dq|ls. m devotees have less paraphernalia in their homes because until recently Vodou practitioners had no option but to hide their beheis. Ha_ih` is a rural society and the cult of ancestors guard the traditional values of the peasant class. _ The ancestors are linked to family life and the land; Haitian peasants serve the spirits daily and sometime gather With their extended family on special occasions for ceremonies, which may celebrate the birthday of a spirit or a particular event In very remote areas, people may walk'for days to partake in ceremonies that take place as often as several times a month Vodou is closely tied to the division and administration of land as Well as to the residential economy. The cemeteries and many crossroads are rneaningtiil places for worship: the cemetery acts as a l32l

\/ Priests §" v Houngans (Male Vodou Priest) or Mambos (Female Vodou Priestlare

usually people who were chosen by the dead ancestors and received the divination tiorn the deities while he or she was possessed His or her tendenc is to do §_d bmi and protecting others from spells, homometnries use their s emamFower to h or kill people They-also conduct ceremonies that usually take place "Amba Peristil" (under a Vodou Temple). However, non- Houngan or non- Mambo as Vodouisants are not initiated, and are referred to as being "bossale"; it is not a requirement to be an initiate to serve one's spirits There are clergy in Haitian Vodou whose responsibility it is to preserve the rituals and songs and maintain the relationship between the spirits and the community as a whole (though some of this is the responsibility of the whole community as well). 'Ihey are entrusted with leading the service of all of the spirits of their lineage. Someti`mes they are "called" to.serve in a process called "being reclaimed", which they may resist at first [33] Below the houngans and mambos are the hourisis, who are initiates who.act as assistants during ceremonies and who are dedicated to their own personal mysteries. `

. . ' Ceremonial suit for Haitian Vodou . . l The asson (calabash rattle) is the symbol for one who has acquired the rires, Erhnological M_useum of Berlin, status of houngan or mambo (priest or priestess) in Haitian Vodou The Germany.

calabash is taken from the calabasse courante or calabasse ordinaire tree ’ “ “"" which is associated with Danbhalah-We'do. A hoimgan or rnanibo ‘~ traditionally holds the asson in their hand along with a clochette (bell). Inside of the asson are stories and snake vertebrae which give the asson its sound. The asson is covered with a web of porcelain beads. [34]

~ g ` _ CC Page 2 of 2 ’~I€ ~ On or about May 14‘“‘, 2014 the Respondent and I had an argument because of his jealous and = ` controlling bchavior. I texth the Respondent telling him that l was going to bed because it Was late. 'I`he Respondent did not respond. I locked the deadbolt lock. While l was lying in the bed asleep, the Respondent woke me up standing over me. This scared me because I did `not know how he was able to get in with the deadbolt. I`got up to see how he was able to get inside. The Respondent stated he thought that l was cheating on him. Instead of calling me to take oH` the deadbolt like he usually does, he broke offthe lock and came into the apartment Previously, l told the Respondent that he needed tc- stcp- abusing his drugs ti the ww using because his behavior was changing (paranoia). The Respondent had been abusing synthetic Ma_n`juana and mixing it with an herb called passion flower. The Respondent had also been consuming large amounts of Delsym .(couch syrup).

N_\ 9 ;l@'\_y-?' lam afraid of the Respondent. The Respondent constantly accused me of cheating on him with other \E"(L men. The Respondent is unstable and unpredictable The Respondent abuses synthetic marijuana, over the “_ y counter medication (Desylum-cough syrup). 'l`he Respondent has been convicted of possession of marij uana :l'+h and other controlled substances I believe the violence will continue unless a Prote`ctive Order is granted I, the undersigned, state under oath that l am the At’l`lant, that l have personal knowledge of the facts and allegations stated herein and they are TRUE and CORRECT to the best of my knowledge and belief.

M/l'\‘l£/€'i ibid APiFlANT ' `t SUBSCRIBED AND SWORN TO BEFORE ME, the undersigned Notary Public on the / jf{ day of ji’d$\l€ . ,20 IL/' . : g //z?,)_`, Notazf§ublic in an Harr Coun s My co expires _

MONlCA NGANN Notary Public STATE OF TEXAS

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Mr. Eric Sarnuel Tucker TDC]# 01983465 Stiles Unit, TDC] 3060 FM 3514 Beaumont, TX 77705 Re: Cause No. 01-15-00274-CR First Court oprpeals Appeal Of Cause NO. 1428697 184th District Court State Of Texas vs. Eric Sarnuel Tucker Dear Mr. Tucker, l have enclosed Copies Of the letters that Were received in Our Off`ice as per your request Sincerely,

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Certitied Document Number: 6499l048 - Page l oi`Z E’E'E.,ED Chds D lstrl¢??:?;ei; cause NO. 1428697 m MAR 1 3 2015 . m` THE STATE OF TEXA_S § ' DIS'I'RICT COURT , § _ . _ V § H_ARRIS COUNTY,'TEXAS t amc Tuct<aa § t-SATH Dt_sraicr Couar DEsloNATIoN OF- REPORTER’s RECORD ERIC TUCK_ER, Defendant, requests the court reporter to prepare an official Reporter's Record to be used-in the appeal of this case. Defenda'nt designates die'.jiollowing material to be included in the Reporter’s Recor'd: 1. A complete transcript of the trial on the merits; any punishment hearing; all pre-trial hearings and conferences; jury selection-, including any challenges or objections made at the bench; opening statements`; closing argmnents; all bench conferences; all objections to the charge and rulings on objections; all conferences about proposed charges and rulings on the-mg and all objections, rulings, and :any other proceedings that occurred in the above‘referenced case;. j 2. All exhibits admitted during any proceeding; and all eithibits Which were the subject Of any offers of proof, `3. All juror information cards for the full"venire panel, if they are not part of the clerk?s record on appeal oil

If you,,have notes -for anything else that occurred on the record, please include those, too. ERIC TUC-KER is indigent The cost of preparing the record will be paid by the State.

A pauper’s oath on appeal has been filed and approved If you have any questions, please do not hesitate to contact me at 713.368.0016. 'l`hank you for your assistance in this matter.

Respectftu Su.brni_tf€d, Chief Public Defender Harris Counry Texas dunn DUNCAN ‘ Assis_tant Public Defender Harn`s County Texas TBN 06210500 1201 Franklin 13th Floor.

Houston, Texas 77002 713.368.0016 (phon_e) 713.368..9278({21);') CERTIFICATE OF SERVICE I‘ certify that a copy of this .Design`atio_n_ of Reporter’~s Record on Appe_al_ has been served Houston, TX 77002 on "%/ Certil'ted Document Number: 6499]048 - Page 2 of2 |0 upon the State of Texas w Distn'ct, Attorney, pat 1201 Franldin, 6‘h Floor, U/t©w\_) \/ ' _ CHERI DUNCAN . ,UIIlce or uarns t,'ounty.l)lsmct blerK - bnrts Uamel , _.> §

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Cause: 142869701010 CDI: 3

HCDistrictclerk.com WITNESS Subpoena Status Name ID b d Custodian, 137128 Retumed Records Custodian, 137129 Returned Records 137160 Retumed Owens, J. .

137161 Rewmed E?‘ami“e.r> Fmgerpnnt l 37162 ' Retumed Ramos, J.

137163 ' Retumed Chen, C. v Eisemann, 137164 Returned Bradley ' Scott, 1371 65 Retumed Bradford l 37166 ' Retumed Scully, Brandi 137167 Returned Cate, Casey l 37168 Retumed Tsai, Peter 137169 ‘Retumed Sun, David 137170 Remmed _ G°‘d°n’ Steven 137171 Retumed Br°‘“" . Rodger 137172 Retumed Ka“fma“’ Yoav ' 4 Freeman, 137173 Returned Ph].hp 137174 Remmed S°hlesgmer’ James '137175 Retumed coars, steven b Custodian, 137176 Retu.med Records Lockett, 137479 Returned K. bed ' County

` County Han'is County l Harris County HarIis County Harris County Harris County Harris County Harris County Ham`s County Harris l County Ham`s County Harris County Harris County Harris County Harris County Harn`s County Harris County Hams County Harris County Harris County Harn`s -Request Date 1/7/20] 5 1/7/2015 1/7/2015 l/7/20l5 k 1/7/2015 1/7/2015 ' 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/7/2015 177/2015 1/7/2015 l/'7/20]5 ~ 1/7/2015 1/7/2015 1/7/2015 1/7/2015 1/8/2015 Issued q Date '1/8/2015 l/8/2015 - 1/8/20]5 1/8/2015 l/8/2015 1/8/2015 ` 1/8/2015 l/8/2()15 1/8/2015 1/8/2015 1/8/2015 1/8/2015 l/8/20l 5 1/8/2'015 1/8/2015 1/8/2015 1/8/2015 1/8/2015 l/8/201 5 ` 1/9/2015 Court: -1'84 Sumrnoned BY Peace Officer n Peace Of`ficer Peace Ot`ficer Peace Ofticer Peace Oflicer Peace Ot`ficer Peace Of`ficer Peace Officer Peace Oflicer Peace Ollicer Peace Oflicer Peace OI“I"icer Peace Ofticei Peace Officer Peace Officer Peace Officer che Officer Peace Oiiicer n Peace Ollicer Peace Of`ticer The State of Texas vs TUCKER ERIC SAl\/_[UEL (SPN 01773435) Served v Date 1/9/2015 l/9/2015 1/9/2015 1/8/2015 1/9/2015 1/9/2015 1/8/2015 1/8/20l5 1/3/2015 1/8/2015 1/8/20'15 - 1/8/2015 1/8/2015 1/8/2015 ` l/8/20]5 1/8/2015 1/8/2015 1/9/2015 1/8/2()15 l/l6/2015 http //www hcdistrictclerl< com/edocs/publlc/CaseDetallsPrmtmg aspx’?Get“7MUOSmb1Lqu rage 1 01 z lO/l4/2015 ` Return Date 1/9/2015 7:21:00_AM 1/9/2015 1;52;00'1>1\/1 1/9/2015 7:l7;00 AM 1/8/2015 3:36:00 PM 1/9/2015 7;l7:00 AM ~»1/9/2015 7117:00 AM 1/8/2015 2:35100 PM 1/8/2015 2235:(_)0 PM 1/8/2()15 2135:00 PM.

1/8/2015 2;35:00 PM 1/8/2015 2135:00 PM 1/8/2015 2135:00 PM 1/8/2015 2135:00 PM 1/8/2015 2;35-.00 PM 1/8/2015 2:35:00 PM 1/8/2015 2135:00 PM 1/8/2015 2;35;001>1\/1 `1/9/2015 s 9:58:OQAM 1/8/2015 3:33:00 PM 1116/2015 10:39:00

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