Texas Supreme Court, 2015

Hines, Alvin Eugene

Hines, Alvin Eugene
Texas Supreme Court · Decided March 6, 2015

Hines, Alvin Eugene

Opinion

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EXHIBIT 1 ¢/.`/> The State of Texas In The_District Court 'Vs~ § 3rd Judicial District § 4 _ Alvin Eugehe Hines _ § . Anderson County, Texas ~AFFIDAVIT oF BRENDA DAVIS~ BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared Brenda Davis, who after being duly sworn stated_the following under oath: q My name is Brenda Davis. l am over the age of eighteen(l$) years, and l am compentent to make this affidavit. The statements contained herein are true and'correct."i _ "I am the sister of Alvin Eugene Hines. After my brother was convicted in this case,_Cause No.31047, I_was contacted by him and at that time he requested that l contact his lawyer concerning the status of his appeal. My brother immediately after the trial' informed me that his attorney intended to appeal this case. However even after several months had passed he had still not heard from his attorney. l then called his court appointed attorney, WM. , M.House, JR- and he told me he would return my call but never did. In that initial conversation l told him that my brother was trying to get ahold of him and that it was about his appeal.

I also contacted the attorney that I hired to participate in my brothers defense; Mr.Bonner from Houston, he was only interested in the smallremainderof the money I owed him and refused to do anything about the appeal unless l paid him more money. Mr. House was appointed to represent my brother by the court because of my brothefs indengency,for trial and Sentencing.As<M§this date neither of the lawyers have contacted me concerning the appeal."' . " l am signing this affidavit voluntarily. I have not been coerced or threatened in any way to sign this affidavit, nor has any promise of any nature been made in exchange for my execu- tion of this affidavit." p.1` l am making this affidavit for the sole purpose of helping my brother receive an appeal in this case that he has always insisted he is innocent in. We have expected an appeal and have done all we could to get one done and believed that his attorney's were pursuing the appeal, apparently they are not." Further affiant Brend Davis, Affiant saith not." SWORN AND SUBSCRIBED beofre me, the undersigned authority, on Mé,eaz:; Notary Public, SG te of Texas

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EXHIBIT 2 Cause No.' 31047 THE sTATE oF TExAs' ' § ‘ v 'lN nlsTR_lcT couRT oF . . _ . . § _ ‘ 1 ." vs _~ 1 . § . sR° JuchlAL'DisTRlcT _ § _ _ ‘ALviN EuGENE HiNEs § ' ANDERsoN couNTY, TExAs `TR|AL COURT’S CERT|F|C;AT|ON `OF DEFENDANT’S R|GHT OF APPEAL l, the judge of the trial court, certify this criminal case: n bd ' is not a plea-bargain case, and the defendant has the right of_appeal, or [ ] is a plea-bargain case, but matters were raised by written motion filed and ruled on ` ' . before trial and not withdrawn or walved, and the defendant has the right of appeal, or

[ ] is a plea~bargain case, but the trial court has given permission to appeal, and the defendant has the right of appeal, or ` _ _ f _ . Fll_ED FOR REC_OR_E [ ] is a plea-bargain case, and the defendant has NO right of appeal, or A,{_;;; ‘) j O,C¥Od the defen nt has Waive the ri ht of a eal. . [/]/U §§ /d\ g pp JUN ~6 2013 /jé/Z//' \M '\W§/]“?/i /j -' -JANlCE STAPLES la 1 i/Z/l \/_ /i \V /@/ /VW‘/ @ " in * L? SF~ILL<L_GIML._AnQ` ` f derson County,T) Presiding Judge Date by___~ gap l have received a copy of this certification l have also been informed of my rights concerning any appeal of this criminal case, including any right to file a pro se petition for discretionary review pursuant to Ru|e 68 of the Texas Rules of Appellate Procedure. l have been admonished that my attorney must mail a copy of the court of appeal’s judgment and opi_nion to my last known address and that l have only 30 days in which to file a pro se petition for . discretionary review in the Texas Court of Crimi`nal Appeals. _Tex. R. App. P. 68.2 I acknowledge that, if l wish to appeal this case and if | am entitled to do so, it is my duty to inform'my appellate attomey, by written communication, of any change in the address at which l am currently living or any change in my current prison unit. l understand that, because of appellate deadlines, if l fail to timely inform my appellate attorney of any change in my address, l may lose the opportunity to tile a pro se petition for discretionary review.

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Defendant y efense Ccuh'sel/ 1 Mailing address: Bar Card No. Mailing Address:

Telephone Numb__er . t Fax Number: ' ` ` ` ' . _ Telephone Number:. ~ ' Fax number:

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Thejury heard the evidence submitted and argument of counsel. The Court charged thejury as to its duty to detei'mine:th_e.;.'l guilt or innocence ofDefendant, and the jury retired to consider the-evidencel Upon returning to open court. thcjury delivered its:_n verdict in the presence of Defendant _and defense counsel. if any. ' ' ~ - The Court received the verdict and ORDERED'it entered upon the minutes ofthe Court. b `_.

P ni dm Assessed b n / r ection select one ' "' l""""' l g Jury. Dcfendant entered a plea and filed a written election to have the jury assess punishment. Thejury heard evidence relativeto"' the question ofpunishment. The Court charged thcjury and it retired to consider the question ofpunishment. Aftcr.duc deliberatioi;»..~,__`.. the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ` - h E] Court. Defendant elected to have the Cou'rt assess punishment. After hearing evidence relative to the question of punishment, th"e"-" ' Cou rt assessed Defendant's punishment as indicated above. " _ .. v m No Election. Defendant did not file a written election as to whether thejudge or jury should assess punishment. After hearing …W' ' evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Fles Dcfendant`com_mitted the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is .

GUlLTY of the above offense. The Court FlNDs the Presentence lnvest`igation, if so ordered, was done according to the applicable `_ i- provisions of T-EX. CODE CR|M. PROC. art. 42.l2 § 9. _ - ` The Court ORDERS Defendant punished as indicated above. The Court Oltt>BRS Defcndant to pay all lines, court costs, and restitution as indicated above. t ` Punishment Qp_tions (select nne) h g Confioement in State Jail or lnstitutiooal Division. The Court ,Onoeks the authorized agent ofthe Statc ofTexas or them ` Sheriffofthis County to take, safely convcy, and deliver Defendant to the Director, lnstitutional Division, 'I'DC.I . The Court_" _ ORDERS Del`endant to belconfmed for the period and in the manner indicated above.The Court ORDan Defendant rcmanded`t"oi'the“` " custody ofthe Sherifl'ofthis county until the Sheriff-ean obey the directions of this sentence. Thc Court ORDBRS that upon release __ from'continement. Dcfendant proceed immediately to the Andcrson County District Clerk. Once there, the Court ORDBRS Defendanl '. ~ to pay, or make arrangements to pay. any remaining unpaid iines, court costs, and restitution as ordered by thc Court above. l ¢ m County Jall-Confinement/Confincment in Lieu of Payment. The Court ORoERs Defendant immediately oommitt_ed’_t_o the custody ofthc Shcrit`f of -County,Texas "on the date the sentence is to commence. Dcfendant shall be confined in the " " County Jail for the period indicated above. The Court ORDl-;RS that upon release from confinement,Defendant shall proceed _ immediately to the . Oncc there. the Court ORnEttS Defcndant to pay, or make arrangcments to pay, any remaining unpaid fines, court costs, and restitution as ordered by the Court above. " _` l:] Fine Only Payment. The punishment assessed against Defendant is for a winn oNt.v. The Court ORDan Defendarit to pr_oce'ed immediately to the Offtce of the County . Onoc there. the Court ORDERS Defendant to pay or make arrangements to pay'all lines and court costs as ordered by the Court in this cause, ' »"-'~f-.

F¢xecntlon /§usgension of§entence (select one) ® The Court O)zox»:ns Defendant‘s sentence exacu'reo. m The Court ORDERS Defendant’s sentence of confinement SuSP£NDBD. Thc Court ORDl»:-RS Defendant placed on community supervision for the adjudged period (above) so long as Defcndant abides by and does not violate the term~s and conditions of community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this judgment by reference.

The Court ORDERS that Defcndant is given credit noted above on this sentence for the time spent incarcerated

v Fur h rm r the followin s ecial findin s or orders a l : Reimburse Court Appoinled Attorney Fees /`\ /\ /\ Signed and entered on June 6`, 2013 y /2 U /§; § Pam Foster Fletcher JuI)GE PRasiniNo Clerk: i"/,l .

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EXHIBIT 3 (/) ' '-" . Er}’fé#;? ` wM. M. HousE, JRO Attorney at Law Ofticé: (903)723-2077 _ Fax: (903)723-6323 Residence: '(903)7§3-4213 October 18, 2013 Alvin Hines g l - , #1866741 ,~ - ' `- l 2101 FM' 369N ` n ' ' IoWa Park, T_exas 76367 Dear M_r. Hines: The last time I' talked to you about this case Was ]une 6fh, as we signed and filed out the certificate of Appeal'. At that time you told me you Wanted to talk to Mr. Bonner first. Mr. Bonner called me shortly thereafter to learn What the sentence in your case Was; no mention Was made of any appeal at that time. l was later contacted by State Counsel for offenders I gave them this same information Yours very truly, /7/ Wm. M. House, ]r. Attorney at LaW WMH/cn

` rest oface Box 1486 800 Nor.ch Church Palesnne, TX 75802-1436 BOARD CERTtFlED IN CRlMtNAL LAW BY THE TEXAS BOARD 0F LEGAL SPECIALIZATION EXHIBI'I` 4 F'ke 3011/1a few g'¢'zm @ Z';)% /;é/% $/ A Professional Corporation

V. Martinez Bonner l Phone (713) 842-7700 Attorney at Law_ '- Ce|| (832) 433-6565 4820 Old Spamsh Trail Houston, TX 77021 ` Fax (713) 842-1551 October 28, 2013 Alvin Hines 2101 F.l\/l. 369 N.

Iowa Park, Texas 76367 ALLRED UNIT P_'!-i`: ‘!our ‘~:".eqnest for.lnt`o.rmation Dear l\/lr. Hines, l never filed a Motion to Withdraw from your case. l\/l_'\»‘ representation of you ended when the Jury found you GUILTY. l was not hired to file a Notice oi"Appeal.l l have not heard from Mr. llouse since the Guilty Verdict. Your sister is right about the Rernainder oi"m"v' fees " l\/l'y representation entailed representing you throughout your trial along with Mr.* House. lt`s not our fault that you were found Guilty. We did not make the t`acts, nor your threatening 91 1 call. l l_~la\_/e_ you are your sister paid me or anyone else to handle your Appeal. No What about the rest of my fees‘?

P.»arbara L Law is also misleading you ii` she claims she contacted me. I have never heard other nor irom her, ' lthough s`ne"s 'right, 1 do not represent you anymore Have you forgotten that l was the one that made sure the jury found out about the Decedent attacking yeu. Hope'l"ully your questions have been lans\\/ered, Good lsuck

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WM.M.House, JR. vCctober 15,2013 Post 6ffice ch 1486 ` _SOO N- Church Paléstine, TX 7580i RE: State of TexasqV¢ Alvin Eugene Hines Cause No.31047, Mr. House, I am writing today to find out exactly why my case has not or was not timely appealed; l have had the State €ounsel for Offenders contact you and they have told me you told them you are noilonger my atonoeyy. 1 have tried numerous times to find out the status of my appeal and so has my sister. You know that l always wanted to appeal this case; Why'didnttypou ever file an appeal in my case? Now.l must file for an out of time appeal by way of a writ. That is what the State Counsel for Offenders `has told me anyway. PLease advise me as_to why you did not file for an appeal in my case as you were my court appointed counsel.

Please respond to this request for information. My appeal is and has alwa¢;been`important to me and you know that so please_ help me anywag;you can. Thahk you for you kind assistance in this matter sir, it is greately appreciated. ` PLease note that the trial court certified my right bb appeal on June 6, 2013. You know that because you were right there when we Signed the right to appeal and notice of appeal was given by me.. Again thank you for your time and efforts as well as a timely response Mr.House.

Sincerely, Alvin Eugene Hines 1866741 2101 FM 369 N. lowa Park,f§ 76367 ALL£\‘ED UN]`.T 'l`.D.C.J. '

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State Counsel for Offenders A Divisiim of Texas Drpm'tmem of Criu\iual Justice P.O. Box 4005 Huntsville, TX 77342-4005 (936) 437-5203 August 21, 2013 Alvin Hines TDCJ-ID # 1866741 Byrd Unit (008) Dear Mr. Hines, I spoke with Mr. House and Mr. Bonner. They no longer have any connection with your case as the trial phase has ended. I recommend that you contact the court of conviction, inform them of your desire to appeal, and request that they appoint you appellate counsel.

Due to the time that has passed, you may need t_o file a writ for an out of time appeal Our office cannot assist you with your appeal; Thank , 4 Walter Nightingale Staff Attorney General Legal Section State Counsel for Offenders WNl/lv c: FILE g/(%//Vé/:t(@ PRAYER ln reality this presumptively ind¥@nt Applicant did not receive any practical assistance of counsel in protecting and preserving his appellant rights. Thus he has been denied effective assistance of counsel on appeal in violation of his due process rights under the Fourteenth Amendment and his Due Course Rights under Art.l, § 10 of our own Bill of Rights.*Therefore; Applicant is entitled to an out-of-time Appeal; and that specific relief is requested,respectfully. ah INMATE DECLARATION l, Alvin Eugene Hines, am the Applicant in this case and being presently incarcerated in Texas Department of Criminal Justice I~D, James V. Allred Unit, Wichita County, Texas, declare under the penalty of perjury that, according to my belief, the facts stated in the above Memorandum in Support of Article 11.07 Writ of Habeas Corpus are true and correct to the best of my ability. :Including the attached exhibit pack, 1-5.

Signed on 22 hg'!gé 2 ,2015' mutualin Alvin EugeHe Hines 1866741 2101 FM 369 N. lowa Park, TX 76367 Allred Unit /\lO\;d ol\\ lite M'¢chael~ l)"\UL oN ¢\ llmtD-Shj/)., P-lO

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