CAUSE NO. 6;;.:...;7,L.:..;;78=-=9-E=-----~ ~Cf ~5 lO~ ~ THE STATE OF TEXAS L::J § SJEt\ENTIM<EbLlili!·5FTAPifi&.Li[s 0 F VIVIAN LONG, CLERK v. § COUNTY, TEXAS MICHAEL RAY KENNEDY § 100th JUDICIAL DISTRICT Defendant. ----- CUJRr CF APPEALS SEVENlli DISIRICI'of TEXAS.

Jlirnrillo,Texas.

REQUEST FOR APPOINTMENT OF COUNSEL PURSUANT TO ARTICLE 38.35, CODE OF CRIMINAL PROCEDURE

TO THE HONORAB~E JUDGE OF SAID COURT: COMES NOW Defendant MICHAEL RAY KENNEDY , T. D.C. J. NO. 1968578 and requests appointment of counsel to assist Defendant in obtaining an Order for Forensic Analysis from the Court, pursuant to Article 38.35(b)(1)(2)( 3), CODE OF CRIMINAL PROCEDURE. Sec.(a)(4)"fore nsic analysis, means a ballistic or ot:h=r exp;rt exanirntion or test prefarrca::l on Ii'o/sical(E\lJJE'{E) Defendant wishes to submit a Motion pursuant to Chapter 38 requesting Forensic Analysis and Testing, and Texas Government Code §411 .0205 and Defendant is indigent. An Affidavit of Indigency is attached and incorporated hereto as EXHIBIT ''1 II.

Respectfully submitted,

T.D.C.J.# 1968578 Stevenson ~~--------- Unit ----- 1525 FM 766 Cuero, Texas 77954 (361) 275-2075

Request for Appointment of Counsel Pro Se, Self-Representing Litigant CAUSE NO. oI' '.

I. "1 Cie? 'O _,. £ ~-

THE STATE OF TEXAS § IN THE DISTRICT OF v. § POTTER COUNTY, TEXAS MICHAEL RAY KENNEDY § 108th JUDICIAl~ DISTRICT

ORDER REGARDING APPOINTMENT OF COUNSEL

On this --- day of '2-_- ~~ o'.~~-:>.o:;:,· , 2015, Defendant 1 s Request for Appoint- ment of Counsel, together with Defendant's Declaration of Inability to Pay Cost, was presented and heard by the Court.

IT IS ORDERED, ADJU.DGED, AND DECREED that the request should be: GRANTED DENIED.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED by the Court that , is appointed to represent Defendant on this ------- Motion For Forensic Analysis of Physical Evidence in the above styled and numbered cause.

SIGNED AND ENTERED on this the ------ day of -----~-------~-- in the year 2015.

JUDGE PRESIDING

Order Regarding Appointment of Counsel Pro Se, Self-Representing Litigant ·.· (~) EXHIBIT (1)

AFFIDAVIT OF INDIGENCV Texas Rules of Civil Procedure, Title 6, Chapter 132, Texas Civil Practice and Remedies Code.

NOW RESPECTFULLY comes Michael Ray Kern:rly , T. D • C • J . # 1968578 presently at the Clarence N. Stevenson Unit in Cuero (DeWitt County) Texas, 77954-6300. I declare that I am unable to pay the Court costs in this request to the Court, and requests Leave of the Court to proceed - in forma pauperis - in this accompanying request and action while showing the Court the following: (1) I am presently incarcerated in th1::1 Texas Department of Criminal Justice - Correctional Institution Division where I am not permitted to handle money; and (2) I have no source of income or spousal income; and (3) I currently have $ .3).00 dollars credited to me in the T.D.C.J. Inmate Trust Fund; and (4) During my incarceration in the Texas Department of Criminal Justice - Correctional Institution Division, I have approx- imately $ 25.00 dollars per month as gifts from relatives and friends; and (5) I neither own nor have an interest in any realty, stocks, bonds or bank accounts, and, I receive no interest or dividend income from any source; and (6) I have 0 dependants; and ---- (7) I have total debts of approximately $ 0 dollars; and -'-------- (8) I owe $ 0 in restitution; and -'-------- ( 9) My monthly expenses in hygiene and medical expenses are approximately$ 0 dollars.

, T. D.C. J. #__1_968_57_8------,.-- being presently incarcerated at the Stevenson Unit, located at 1525 FM 766, Cuero, Texas, 77954-6300, (361) 275-2075, declare and verify under penalty of perjury that the foregoing statements in this Affidavit of Indigence are true and correct.

2:!.-_4_ _ day of Septalter EXECUTED on this __ ' 2015.

NOTE: Amendments to the Texas Civil Practice & Remedies Code §132.001, now allows any party to use an Unswarn Declaration instead of an Affidavit or Verification (2012).

Affidavit of Indigence Pro Se, Self-Reprenting Litigant (fi) J '·' . ~ ~ •.L6U. ~ ~ Nt>OE:C:l:l ~0 ~6.L \ vL"9$ 000~

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