Pegues, Jason Tyrone ( 2015 )

MR.JASON T. PEGUES #728196
HUNTSVILLE UNIT
RECEIVED~N
815 12th STREET
HUNTSVILLE, TEXAS
77348 COOP« OF CfmfifNAt APPEAlS
APR 20 2015
APRIL 15,2015 Abil Acost1, Clerk
TO: COURT OF CRIMINAL APPEALS
B0 X 1.2 3.0.8- .r
CAPITOL SIATION
AUSTIN, TEXAS 78711
Re: Ex parte JASON T. PEGUES/CAUSE No.94-DCR-026185 HC4(WR-74,762-05)
DEAR CLERK ABEL ACOSTA,
PLEASE FIND ENCLOSED A MOTION FOR REMAND TO CONDUCT FURTHER
FINDINGS IN REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBER. IF YOU
WILL PLEASE PLACE THE ENCLOSED ON THE COURT DOCKET SO THAT IT MAY BE
PRESENTED TO THE COURT AND TAKEN INTO CONSIDERATION AS THE COURT
RULE ON THE APPLICANT'S APPLICATION. THANK YOU FOR@@YOUR TIME AND
ASSISTANCE. . - ----------·---------
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IN THE COURT OF CRIMINAL APPEALS
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Ex Parte §
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JASON TYRONE PEGUES
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AT
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_§ AUSTIN, TEXAS
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APPLICANT'S MOTION FOR REMAND
TO CONDUCT FURTHER FINDINGS
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TO THE HONORABLE JUDGE OF SAID COURT:
COMES NOW,l!~Q!_!~_f!QQ!~_ftl~~!2&, APPLICANT, pro-se, IN THE ABOVE
STYLED & NUMBERED CAUSE OF ACTION RESPECTFULLY SUBMIT THIS ~Q!!Q!_KQ~
REMAND TO CONDUCT. FURTHER FINDINGS UNDER Art.11.07 OF THE CODE OF
----------------------------------
.CRIMINAL PROCEDURE IN REFERENCE TO TRIAL COURT CAUSE No.94-DCR-026185
HC4 (WR-74,762-05). THE APPLICANT WOULD LIKE TO SHOW THIS HONORABLE
COURT THE FOLLOWING:
I.
APPLICANT FILED A SUBSEQUENT APPLICATION 11.07 HABEAS CORPUS AROUND
Q!£!~~!~_lQL1Ql1' IN WHICH THIS HONORABLE COURT DISMISSED THE
APPLICATION ON MARCH 4,2015. THE APPliCANT RECEIVED THIS COURT'S
------------ '
RULING OF DISMISSAL ON ~!~f~_!lLlQ!1 AND ON ~!!f~_11L~Q!1 THE APPLICANT
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FILED A ''APPLICANT~S SUGGESTION PURSUANT TO RULES OF APPELLATE
PROCEDURE,RULE 79.2(d) UNDER Art.11.07'' IN THIS HONQRABLE COURT.
ON ~!~fE_1lL1Ql~ THE APPLICANT SUDDENINGLY RECEIVED FINDINGS &
CONCLUSIONS FROM THE TRIAL COURT PERTAINTNG TO THE APPLICATION THIS
DUE TO THE TRIAL COURT SUDDENINGLY PRESENTING FINDINGS ON AN
APPLICATION THAT THIS HONORABLE COURT PREVIOUSLY DISMISSED, THE
APPLICANT LOGICALLY ASSUMED THAT HIS MOTION FOR RECONSIDERATION
PURSUANT TO RULE 79.2(d) OF THE RULES OF APPELLATE PROCEDURE UNDER
11.07 ESTABLISHING SEC.4(a)(1)(2) HAD BEEN GRANTED BY THIS HONORABLE
COURT. THE APPLICANT RECEIVED THE NOTIFICATION CARD FROM THIS
HONORABLE COURT THAT HIS APPLICATION WR-72,762-05 HAD .BEEN RECEIVED
AND PRESENTED TO THE COURT FOR RULINGON !.K~.!!:_l~L1Q1~· THE APPLICANT
IMMEDIATELY FILE THIS MOTION FOR REMAND TO CONDUCT FURTHER FINDINGS ON
STATEMENT OF FACTS
------------------
WITH THE APPLICANT RECEIVING FINDINGS FROM THE TRIAL COURT, THE
APPLICANT NOTICED THAT THE FINDINGS REGARDING CAUSE No.94-DCR-026185 HC4
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WERE THE EXACT SAME FINDINGS· THE RESPONDENT FILED REGARDING THE INITIAL
APPLICATION IN WHICH THE APPLICANT OBJECTED TO IN THAT PROCEEDING.
FURTHERMORE, NEW EVIDENCE THAT WAS NOT AVAILABLE WHEN THE INITTAL
APPLICATION WAS FILED, ESTABLISHING SEC4(a)(1), REQUIRES NEW FINDINGS,
AS WELL AS BUT FOR A VIOLATION OF THt UNITED STATES CONSTITUTION NO
RATIONAL JUROR COULD HAVE. FOUND THE APPLICANT GUILTY BEYOND A
REASONABLE DOUBT, ESTABLISHING SEC.4(a)(2). THIS NEW CREDIBLE, CRITICAL,
CLEAR@,AND CONVINCING EVIDENCE WOULD HAVE CAUSED THIS CASE 1~1.!!,~ TO
RESULT DI F FER EN TL
.
Y • !~-.E.~!..!~-.!!~QQ!~L11_2._~..:.!:!..:.1!!__1.2,~£!.~~..:.£~.!~..:.!.K_K..:.1QQ.Z)
. ;, '·· .
,.,_
Ex Parte WHITESIDE,12 S.W.3d 819(TEX.CRIM.APP.2000).
--------------------------------------------------
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, I
Q~QQ!~~-!Q~-~!~!!~_!Q_QQ!~QQ!_!Q~!~!~_!!!~!!Q~
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I.
THE SUBSTANCE OF THE TRIAL COURT'S FINDINGS CAME FROM THE TRIAL
RECORD/TRANSCRIPT, AND IN THAT FACT, THE STATE DID NOT DIRECTLY
ADDRESS THE CLAIMS & ISSUES PRESENTED BY THE APPLICANT WHICH REGARDS
TO THE INVESTIGATING PARTS OF THIS CASE 26185. THE TRIAL COURT HAS
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PURPOSELY REVIEWED THE TRIAL RECORD AND DID NOT REVIEW THE INVESTIGATING
--- --- ------
ARRESTING RECORD IN WHICH ONLY THE INV~STIGATING/ARRESTING RECtiRD CAN
PROVE BEYOND A REASONABLE DOUBT THE CLAIMS & ISSUES THE APPLICANT HAS
PRESENTED. WITH THE TRIAL COUNSEL CARY M.FADEN BEING INEFFECTIVE
FAILING TO PRESENT THESE PARTICULAR CLAIMS & ISSUES IN TRIAL, !~_£!E!~
~Q~~~~L~l1_~~~~1~_1l1_{!!!~£~!~~~ff~lQ1~); !~_£!E!~-~!11!~~-f~~~b!~
~!!!Q!LlQ11_!!!~f~!~~~ff~b!!!~_l2l_{!!!~f~!~~~ff~L~~Y-llLlQ11);!~_£!E!~
~QQ!~~L122-~~~~1~-~1~_{!!!~£~!~~!ff~lQ1l)," THE TRIAL RECORD DOES NOT
HOLD ANY SUBSTANCE TO THE FINDINGS REGARDING THE INVESTIGATING/
ARRESTING PARTS OF THIS CASE 26185. THE TRIAL COURT FINDING IT'S FACTS
ACCORDING TO THE TRIAL. RECORD~ IS IN PURPOSE BY THE STATE TO DERAIL THE
COURT SO THE INVESTIGATING/~RREST!NG RECORD WOULD NOT BE REVIBED SINCE
THE INVESTIGATING/ARRESTING RECORD CAN LITERALLY PROVE THE APPLICANT'S
CLAIMS & ISSUES BEING PRESENTED, BEYOND A REASONABLE DOUBT.
THIS HONORABLE CURT IS NOT BOUND BY THE TRIAL COURT FINDINGS, THE COURT
SHOULD FOLLOW THEM "' WHERE THEY ARE SUPPORTED BY THE RECORD. !~_£!E!~
~ . ~
Q~!~!!!,b._.b_!!L11·1~-{1l: A FINDING .OF FACT IS CLEARLY ERRONEOUS WHEN .
AL_THOUGH THERE IS .EVID.E_NC.E TO SUPPORT IT, THE REVIEWING COURT ~N THE
ENTIRE EVIDENCE IS LEFT WITH A FIRM & DEFINITE CONVICTION THAT A
'
MISTAKE HAS BEEN COMMITTED.,
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II.
WITH THE DEFENSE COUNSEL CARY M.FADEN FAILING TO PRESENT THESE
PARTICULAR CLAIMS & ISSUES (E~-E~E!~-~!11!!~_£E!~1E~-~E~!Q~L1Qll_!E~~
£~!~~!ff~1E~!~_l21_I!E~~£~!~~!ff~L~!!_~~L~Qll), AS WELL AS FAILED TO
PRESENT THIS CREDIBLE, CRITICAL, CLAEAR, and CONVINCING EVIDENCE [THE
INVESTIGATING/ARRESTING RECORD] (E~-E~E!~_gQ~!~~L~~2-~~~~l~-l~l-I!E~~
£~!~~!ff~1Ql~), THE SUBSTANCE OF THE STATE'S FINDINGS SHOULD ONLY
COME FROM THE INVESTIGATING/ARRESTING RECORD ITSELF/ALONE. THE TRIAL
RECORD WILL NOT HOLD ANY ELEMENTS OF THE CLAIMS &ISSUES THAT OCCURRED
!!!Q~! THE ARREST IN THIS CASE ~~!~2, WHICH IS WHAT THE APPLICANT'S
_APPLICATIONS (INITIALLY & SUBSEQUENTIAL) ARE PERTAINING TO AND IN WHICH
HIS DEFENSE COUNSEL CARY M.FADEN DID NOT PRESENT & ARGUE, FOR IF HE
WOULD HAVE, THIS CASE WOULD HAVE RESULTED DIFFERENTLY. Q~!!E~-~!!!E~-~~
!!Q1EY-~ll_Q~~~~~lL~l~_Il2~2); E~-E~E!~-~QQE~~Ll~2-~~~~l~-~2~_I!E!~
£~!~~!!!~~Ql~); E~-E~E!~-~£Q!!Ll2Q_~~~~l~-~l~_I!E~~£~!~~!!!~~QQ~).
III.
THE APPLICANT RESPECTFULLY SUBMIT THIS MOTION FOR REMAND SO THAT THE
TRIAL ~OURT CAN BASE IT'S FINDINGS AND IT'S SUBSTANCE ACCORDING TO THE
INVESTIGATING/ARRESTING RECORD IN THIS CASE ~~!~2, AND DIRECTLY
.ADDRESS THE APPLICANT'S CLAIMS & ISSUES. IN THIS HONORABLE COURT'S
DECISION IN CmMPLETELY OVERRULING THE DeGarmo DOCTRINE AND IS TO BE
APPLIED RETROACTIVELY (SEE:l!£Q!~Q~-~~-~!!!!Ll2~-~~~~l~_l22_I!E~~£~!~~
!ff~~Qll), COCHRAN,J.,CONCURRED STATING: ''OUR CRIMINAL JUSTICE SYSTEM
MAKES TWO PROMISES TO CITIZENS: A FUNDAMENTALLY FAIR TRIAL AND AN
ACCURATE RESULT. IF EITHER OF THOSE TWO PROMISES ARE NOT MET, THE
CRIMINAL JUSTICE SYSTEM ITSELF FALLS INTO DISREPUTE AND WILL
EVENTUALLY BE DISREGARDED." (E~-E~E!~_!EQ~f~Q~Ll21-~~~~l~-~l~L~~l-I!E!~
£~l~~!K!~~QQ2).
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.. '
..
IF THE INVESTIGATING/ARRESTING RECORD IS REVIEWED TO ADJUDICATE THE
MERITS OF THE APPLICANT'S CLAIMS IN WHCIH REGARDS TO THE INVESTIGATING
PARTS OF THIS CASE I£1~~, THE REVIEWING COURT WILL NOT ONLY SEE THAT
THE PROCEEDINGS LEADING TO TRIAL WAS NOT FAIR, BUT THAT THE TRIAL
ITSELF WAS FUNDAMENTALLY UNFAIR, WHICH CONCLUDED TO A RESULT THAT WAS
at III 451.
!!g!!!~! __!.Q!__!!!!!!!
PRAYER
THE APPLICANT PRAYS THAT THIS HONORABLE COURT REMANDS THIS CASE & THE
TRIAL COURT'S FINDINGS SO THAT THE TRIAL COURT CAN DIRECTLY ADDRESS
THE APPLICANT'S CLAIMS BASED ON REVIEWING THE ONLY EVIDENCE WHICH IS
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THE INVESTIGATING/ARRESTING RECORD IN THIS CASE I£1~~ THAT CAN SPEAK
and PROVE THE FACTS AND TRUTH IN THE INVESTIGATING PARTS OF THIS CASE.
THE TRIAL COUNSEL DID NOT SPEAK/PRESENT ANY ERRORS OR VIOLATIONS THAT
TOOK PLACE BEFORE THE ARREST WHEN THE APPLICANT WAS ONLY A WITNESS IN
TRIAL OR IN APPEAL, WHICH CONCLUDES THAT THE TRIAL RECORD/TRANSCRIPT
DOES NOT HOLD ANY SUBSTANCE TO THE APPLICANT'S CLAIMS. PRAYERFULLY
THIS HONORABLE COURT WILL GRANT THIS MOTION AND REMAND FOR FURTHER
FINDINGS ACCORDING TO THE INVESTIGATING/ARRESTING RECORD SO THAT THE
APPLICANT'S CLAIMS CAN BE FAIRLY REVIEWED AND IT'S MERITS FAIRLY
ADJUDICATED. YOU FORI YOUR TIME AND CONSIDERATION.
EXECUTED ON:
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1-h-t--~UBMITTED,
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__:li!SlJ-6
#728196
815 12th STREET
HUNTSVILLE, TEXAS 77348
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CERTIFICATE OF SERVICE
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I,l!~Q!_!~_f!QQ!~_ftl~~!2~'THE APPLICANT, BEING PRESENTLY CONFINED IN
WALKER COUNTY, TEXAS DO HEREiY AFFIRM THAt I HAVE DELIVERED THE
ORIGINAL OF THIS 8MOTION FOR REMAND TO CONDUCT FURTHER FINDINCS TO THE
PRISON MAILROOM OFFICIALS FOR DELIVERY TO THE FOLLOWING via U.S.POSTAL
SERVICE:
THE COURT OF CRIMINAL APPEALS CLERK,ABEL ACOSTA
P.O. BOX 12308 CAPITOL STATION,
AUSTIN, TEXAS 78711
s PE~C~~
6T.PEG
#728196
HUNTSVILLE UNIT
815 12th STREET
HUNTSVILLE, TEXAS 77348
INMATE DECLARATION
-------------------
I,l!~Q!_!~_f!QQ!~_ftl~~!2~'PRESENTLY INCARCERATED IN WALKER COU~TY,
TEXAS HEREBY DECLARE UNDER THE PENALTY OF PERJURY THAT THE ABOVE
MENTIONED IN THIS MOTION FOR REMAND TO CONDUCT FURTHER FINDINGS IS
TRUE AND CORRECT.
SIGNED ON THIS 16 day of !!~!1,2015.
FULLY,
~?7-_"""": __ ~~.t!i
__=?F
ES #728196
HUNTSVILLE, TEXAS 77348
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