Joshua Madison Newkirk v. State ( 2015 )

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NO. 29,984 lOIS S[p /f
1 STATE OF TEXAS § IN THE DISTRIST ~Q,URT
FILED
4 IN
1111:APPEALS
6th COURT OF I0
j § vt ~· rrw·rTEXARKANA,
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•. ~. :::..r::·.;.~·~.;.:?u,.., TEXAS
vs. ~ 354th JUDICI~~~~~tH~N-r
9/28/2015 8:28:40 AM
c::. r. .
DEBBIE AUTREY
JOSHUA MADISON NEWKIRK § HUNT COUNTY, TEXAS Clerk
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NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes JOSHUA MADISON NEWKIRK, Defendant in the above styled and
numbered cause, and gives this written notice of appeal to the Court of Appeals of the
State of Texas from the judgment of conviction and sentence herein rendered against
JOSHUA MADISON NEWKIRK.
Respectfully submitted,
Peter I. Morgan
2708 Washington St.
P.O. Box 984
Greenville, Texas 75403
Tel: (903) 455-8113
Fax: (903) 642-0057
ByP/~
Peter I. Morgan
State Bar No. 14451700
Attorney for JOSHUA MADISON NEWKIRK
Notice of Appeal
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CERTIFICATE OF SERVICE
This is to certify that on September 11, 2015, a true and correct copy of the above
and foregoing document was served on the District Attorney's Office, Hunt County, 41h Floor
Hunt County Courthouse, by hand delivery.
PI~
Peter I. Morgan
Notice of Appeal
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CASE NO. 29984 COUNT 1 .~tr-!_fLt:o
INCIDENT No.fi'RN: 9128362217 AOOl ~,.. ~AI
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THE STATE OF TEXAS § IN THE DISTRICT C~~ltT ... ~}Qf5
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§ OF HUNT COUNTY, Tt~fL'tt......
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JOSHUA MADISON NEWKIRK § • C:l.l'.\'
§
STATEID No.: TX 50028780 § 354TH JUDICIAL DISTRICT
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL
I, RICHARD A. BEACOM, JR. ,Judge of the trial court certify this criminal case:
181 is not a plea bargain case, and the defendant has the right of appeal; or
0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and
not withdrawn or waived and the defendant has the right of appeal; or
0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the
right to appeal; or
0 is a plea bargain case, and the defendant has NO right of appeal; or
O the defen~ant ha.wa;ved the right ofappi'?
Signed on 09-02-2015.
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. . HONORABLE R;CHAR.D A:BEACOMZ~ ..
354 TH JUDICIAL DISTRICT COURT
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I have received a copy of this certification. I have also been informed of my rights. concerning-any
appeal ofthis criminal case, including any right to file a prose petition for discretionary review pursuant to:
Rule 68 of the Texas Rules of Appellate Procedure. I have been admonished that my auo·rney must mail a copy
of the court of appeals' j~dgment and opinion to my last known address and I have only thirty (30) days in
which to file a pro se petition for discretionary review in the court of appeals. TEX. R. APP. PRO. R. 68.2. I
acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate
attorney, by written communication, of any change in the address at which 1 am currently living or any change
in my prison unit. I understand that, because of appellate deadlines, if I fail to timely inform my appellate
attorney of any change in my address, I may lose the opportunity to file a pro se petition for discretionary
review.
fendant (MUST SIGN) Attorney for Defendant
Mailing Address: :250 / -7;1.~ <:; 7: SBN: -~~,a.c....:l'-'~"-'1_.1'--------
Cq(JJ" JV.:;I~, lS£ 751~
Telephone number: 9"'~ ~ 51:-7- c:JIB ( Address: PO BOX 1053
GREENVILLE,TEXAS 75403-1053
Telephone Number: 903-455·9888
Fax Number: 903-454-7904
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THE STATE OF TEXAS *
*
v *
•
JOSHUA MADISON •
NEWKIRK
MOTION FOR NEW TRIAL
Joshua Madison Newkirk. Defendant, files this Motion For New Trial and shows:
1. Trial Date and Conviction
A trial before the court on this case was held and judgment pronounced and entered
on September 2, 20 15.
2. Grounds for New Trial
Defendant requests that a new trial be granted in the interest of justice. Defendant
urges the Court to reconsider whether or not sufficient evidence exists to support each
element of the offense of Murder as charged in the indictment.
Prayer
Defendant prays that the Court set aside the Judgment of Conviction entered in this
cause and order a new trial on the merits ..
Peter l. Morgan,
Counsel for Joshua Madison Newkirk
SBN 14451700
P.O. Box 984
2708 Washington St.
Greenville. Texas 75403
Tel: (903) 455-8l13
Fax: (903) 642-0057
\ Motion For New Trial
State ofTexas v. Joshua Madison Newkirk
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4
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F!L£o
NO. 29,984 lOIS S[p /f
1 STATE OF TEXAS § IN THE DISTRIST ~Q,URT
FILED
4 IN
1111:APPEALS
6th COURT OF I0
j § vt ~· rrw·rTEXARKANA,
-:t y , . ~ ..
•. ~. :::..r::·.;.~·~.;.:?u,.., TEXAS
vs. ~ 354th JUDICI~~~~~tH~N-r
9/28/2015 8:28:40 AM
c::. r. .
DEBBIE AUTREY
JOSHUA MADISON NEWKIRK § HUNT COUNTY, TEXAS Clerk
·U l!;·, ·1--,
NOTICE OF APPEAL
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes JOSHUA MADISON NEWKIRK, Defendant in the above styled and
numbered cause, and gives this written notice of appeal to the Court of Appeals of the
State of Texas from the judgment of conviction and sentence herein rendered against
JOSHUA MADISON NEWKIRK.
Respectfully submitted,
Peter I. Morgan
2708 Washington St.
P.O. Box 984
Greenville, Texas 75403
Tel: (903) 455-8113
Fax: (903) 642-0057
ByP/~
Peter I. Morgan
State Bar No. 14451700
Attorney for JOSHUA MADISON NEWKIRK
Notice of Appeal
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