Means, Larry Wayne ( 2015 )


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  • \0. ozs' 03
    Mar¢h 6, 2015
    TO: The Court of Criminal Appeals of Texas l§?§§z;§§’¥i:?
    P.O., Box 12308, Capital Station C@UHTOFCHMNALAP£§;S
    Austin, TX 78711 *MAR 1 1 nn 5
    ~ tel
    FROM: Larry Wayne Means #1899565
    3001 S. amy Dr. AWACOQF@,C/@W
    Beeville, TX 78102
    RE: Habeas Corpus Application filed in the 188th District Court of Gregg
    County, Texas under Tr.Ct.No. 42,561-B-H-2, by Larry Wayne Means
    To the Honorable Court of Appeals of Texas,
    I filed my habeas corpus 11.07 application in the 188th.district court in
    Gregg County, TX on February 9, 2015. The State's response was entered into
    record on February 27, 2015.' The trial court's finding of fact and final
    order was entered into record on March 3, 2015.
    l was not given an opportunity to respond or rebut the state's response!
    The Certificate of Service signed by the assistant district attorney for Gregg
    County is invalid and service was never completed by the district clerk. The
    assistant district attorney, Zan Colson Brown intentionally hindered service
    to ensure that his findings would remain unoppsed. This clearly prejudices
    my interests and claims because of the presumption of correctness rule which
    is applied to the state's findings of fact and conclusions.
    Texas Code of Criminal Procedure Art.11.49 Order of Argument states that
    " The applicant shall have the right by himself or counsel to open and conclude
    the argument upon the trial under habeas corpus."
    l was denied my statutory right to "conclude" the argument before the trial
    court entered it's findings of fact and order. The Assistant district attorney
    provided an invalid certificate of service which was clearly calculated to
    injure my right to conclude the argument.
    -PRAYER
    l pray this court will order a stay in proceedings, holding the prcedural
    process in abayence until l can enter my response. I would ask that the
    findings of fact and order entered by the trial court be reversed and stricken
    from the record. If thre is a mistake in what_l have asked for that would
    not be in my best interest l ask this court to fix the problem in my favor.
    Respectfully,
    March 6, 2015
    Dear Clerk of the Court of Criminal Appeals,
    Please find my letter outlining the unlawful and unethical certificate of
    service provided by the Gregg County District Attorney which prevented my
    being able to enter a response to the state's answer to my habeas corpus appli-
    cation. Please recognize this letter asaa motion or request whichever is
    appropriate. Thank you for your time andwattention in this matter.
    Sincerely,
    e Mea s #1899565
    3001 S. Emily Dr.
    Beeville, TX 78102
    ,
    COPY OF CERTIFICATE OF SERVICE BY THE ASSISTANT DISTRICT ATTORNEY lS ON
    PG 69 AS NUMBERED BY§THE GREGG COUNTY CLERK. And attached to the document
    presented to the court
    CERTIFICATE OF SERVICE
    I certify that a true and correct Copy of the foregoing “State’s Response to
    Applicant’s.Writ of Habeas Corpus” was on February 26, 2015, (following a day
    When the Courthouse was closed due to snowy weather) given to the District Clerk
    of Gregg County, Texas, to be mailed to Larry P. Means, # 1899565, McConn.ell
    Unit, 3001 South Emily Drive, Beeville, TX 78102.
    By:Z 'QH/m G»&FW@M¢U'“-/ v
    olson Brown,
    -ss tant District Attorney
    69
    l CERTIFICAIE OF SERVICE / INMATE DECLARATION
    l Larry Wayne Means #1899565, being presently incarcerated in the McConnell
    Unit of the Texas Department of Criminal Justice in Bee County, TX, declare
    under penalty of perjury that the foregoing is true and correct. l also
    certify that a true and correct copy of the letter to the Court of Criminal
    Appeals of Texas has been sent to the following parties:
    Assistant District Attorney
    Zan Colson Brown
    101 East Methvin, Suite 333
    longview, TX 75601
    Gregg County District Clerk
    Barbara Duncan
    P.O, Box 711
    Longview, TX 75606
    Respectfully,
    Executed on this 2d day of £:ZZIQEZ ,2015
    Larry ayne eans #1899565
    3001 S. Emily Dr.
    Beeville, TX 78102
    

Document Info

Docket Number: WR-16,525-08

Filed Date: 3/11/2015

Precedential Status: Precedential

Modified Date: 9/28/2016