Lowe, Dominick ( 2015 )


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    SUBSEQUENT                                     ...
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    I          . -~ .....
    ...;,_
    '·-                                    WRIT OF HABEAS CORPUS
    CERTIFIED COPIES OF
    POST CONVICTION
    FROM:               232ND CRIMINAL COURT
    OF
    HARRIS COUNTY, TEXAS
    DOMINICK LOWE
    1226453-A
    RECEIVED IN    .
    COURT OF CRIMINAL APPEALS
    APPLICANT
    APR 2 g 2015
    Abel Acosta, Clerk
    VS.
    THE STATE OF TEXAS
    RESPONDENT
    PAGE   I   OF   I                                  REV.   01-02-04
    INDEX
    PAGE
    DISTRICT ATTORNEY ACKNOWLEDGMENT LETTER                            1
    STATE'S MOTION REQUESTING DESIGNATION OF ISSUES                    2
    STATE PROPOSED ORDER DESIGNATING ISSUES                            3
    CERTIFICATE OF THE CLERK                                           5
    PAGE I OF I
    REV: 01-02-04
    MIKE ANDERSON
    DISTRICT ATTORNEY
    HARRIS COUNTY, TEXAS
    January 2, 2013
    Chris Daniel, District Clerk
    Harris County, Texas
    1201 Franklin
    Houston, Texas 77002
    Re: Ex parte DOMINICK LOWE
    No. 1226453-A the 232ND
    District Court of Harris County, Texas
    Filing date: 11/7/2012
    ]AND 1.~,
    Date copy of writ delivered to District Attorney's Basket:-------
    By: fJaifj Mofina
    Dear Sir:
    I hereby acknowledge receipt of a copy of the above-captioned post conviction application for
    writ of habeas corpus, filed pursuant to Article 11.07 of the Texas Code of Criminal Procedure.
    Therefore, I waive service by certified mail as provided therein.
    I understand that I have 15 days from the date received to answer.
    JAN 0 7 2013
    -.=   l . '· ...... ~.-.71'_ .•.
    Date Received                                           Assistant District Attorney
    Harris County, Texas
    1201 Franklin Street, Suite 600, Houston, Texas 77002-1923
    :00001.
    NO. 1226453-A
    FILErJ
    Chris Dar:ir!
    District Cl.::rk
    EX PARTE                                        §                     IN THE 232N° DISTRICT   cguRT.
    f.:\j'f 1
    g ? .. , '~.:
    L .-
    §                      OF
    DOMINICK LOWE,                                                                       BY..-=·
    Applicant                                     §                      HARRJS COUNTY, TEXAS
    THE STATE'S MOTION REQUESTING DESIGNATION OF ISSUES
    The State of Texas, by and through its Assistant District Attorney for Harris County,
    requests that this Court, pursuant to TEX. CODE CRIM. PROC. art. 11.07, §3(d), designate the
    following issues which need to be resolved:
    1.   Whether the State withheld Brady information:
    2.   Whether the trial court committed reversible error;
    3.   Whether Applicant's confession was voluntary;
    4.   Whether Applicant's trial counsel was ineffective;
    5.   Whether the trial court was baised;
    6.   Whether the evidence was sufficient to support the conviction;
    7.   Whether Applicant's confession complied with Texas Code of Criminal Procedure arts.
    38.22 and 38.23;
    8.    Whether the trial court had proper jurisdiction;
    9.    Whether Applicant is actually innocent;
    10.   Whether the State engaged in prosecutorial misconduct;
    11.   Whether the police engaged in misconduct;
    12.   Whether the court interpreter was properly sworn; and,
    13.   Whether the cumulative effect of all the alleged due process violations denied
    Applicant a fair trial.
    SIGNED January 18, 2013.
    ~""<>'"-'-'elSS
    i ant District Attorney
    arris County, Texas
    1201 Franklin, Suite 600
    Houston, Texas 77002
    (713) 755-6657, (713) 755-5809 (fax)
    Texas Bar I.D. #24053738
    :00002
    ,-
    •
    NO. 1226453-A
    EX PARTE                                        §           IN THE 232"d DISTRICT COURT
    §           OF
    DOMINICK LOWE,
    Applicant                                     §           HARRIS COUNTY, TEXAS
    THE STATE'S PROPOSED ORDER DESIGNATING ISSUES
    Having reviewed the applicant's application for writ of habeas corpus, the Court finds
    that the following issues need to be resolved in the instant proceeding:
    I.    Whether the State withheld Brady information:
    2.    Whether the trial court committed reversible error;
    3.    Whether Applicant's confession was voluntary;
    4.    Whether Applicant's trial counsel was ineffective;
    5.    Whether the trial court was baised;
    6.    Whether the evidence was sufficient to support the conviction;
    7.    Whether Applicant's confession complied with Texas Code of Criminal Procedure arts.
    38.22 and 38.23;
    8.    Whether the trial court had proper jurisdiction;
    9.    Whether Applicant is actually innocent;
    10.   Whether the State engaged in prosecutorial misconduct;
    11.   Whether the police engaged in misconduct;
    12.   Whether the court interpreter was properly sworn; and,
    13.   Whether the cumulative effect of all the alleged due process violations denied
    Applicant a fair trial.
    Therefore, pursuant to Article 11.07, §3(d), this Court will resolve the above-cited issues
    and then enter findings of fact.
    The Clerk of the Court is ORDERED NOT to transmit at this time any documents in the
    above-styled case to the Court of Cri · 1 Appeals until further order by this Court.
    the Co
    ../
    :00003
    NO. 1226453-A
    EX PARTE                                   §           IN THE 232N° DISTRICT COURT
    §           OF
    DOMINICK LOWE,
    Applicant                                 §           HARRIS COUNTY, TEXAS
    CERTIFICATE OF SERVICE
    Service has been accomplished by mailing a true and correct copy of the foregoing
    instrument to the following address:
    Dominick Lowe
    #01679134
    Hodge Unit
    P0999
    Rusk TX 75785
    SIGNED January 18,2013.
    ss
    Assis    District Attorney
    Harris ounty, Texas
    1201 ranklin, Suite 600
    Houston, Texas 77002
    (713) 755-6657, (713) 755-5809 (fax)
    Texas Bar I.D. #24053738
    FILED
    Chris Daniel
    District Clerk
    SUPPLEMENTAL
    CERTIFICATE OF THE CLERK
    APPLICANT IN CUSTODY
    THE STATE OF TEXAS                                             { IN THE 232nd DISTRICT COURT
    COUNTY OF HARRIS                                               { OF HARRIS COUNTY, TEXAS
    I, CHRIS DANIEL, District Clerk of Harris County, Texas, do hereby certify that the
    ./
    foregoing            !J   pages contain true and correct copies of original records now in my
    lawful custody and possession relating to cause number 1226453-A including the
    petition, all answers filed by the State, the Order of the Court (entered on the 21 sr day
    of APRIL,A.D., 2015) and each document, the inclusion of which was thereby ordered.
    I further certify the Applicant DOMINICK LOWE is in the custody of the Texas
    Department of Criminal Justice Institutional Division.
    Wi !ness my hand and seal of said Court at Houston, Texas, on this the                                        J jl~day   of
    APRIL, 2015.
    ; Roxail~§!~cT· ,~D~_puty                                    ··
    '.   ,· • t ·,   ····,·~·~- •.• , ........ ' -··· __ ...,•
    . PAGE   I   OF   I                                                                                                  REV.   01-02-04
    :00005
    

Document Info

Docket Number: WR-79,664-02

Filed Date: 4/29/2015

Precedential Status: Precedential

Modified Date: 9/29/2016