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URIT NUMBER: 12720-(A)Z
MR-BZ,332-01

EX PARTE § IN THE 11BTH DISTRIET EUURT
CULBY RDSS THURMAN § UF THE
§ HDMARD EUUNTY, TEXAS

APPLICANT REQUEST FDR COURT APPUINTED CUUNSEL:
10 THE HDNDRABLE JUDEE UF SAID HABEAS EDURT:
Eomes Now, CDLBY RDSS THURMAN, Undersigned-indigent, and file
this his Request For Apponinted Counsel, in the said above styled
-caption, and_will show the habeas court the followings;

I.
JURISDICTIUNS:

Pursuant to; Article 1.051, of the Texas Eode of Eriminal Pro-
cedure, and the 6TH and 1ATH Amendment of the Eonstitution to the
United States, this habeas Eourt has jurisdiction over the subject

matter.

II:
PARTIES:

The Undersigned; Thurman, is an State inmate currently incarcer-
ated in the Texas Department of Eriminal Justice Institutional Davis-
ion; Dalhart Unit (TDE). The "new" Respondent-Director is now; milli-
am L. SBpthens. `

III.
FACTS AND PRUCEDURAL HISTURY:

Dn Dotober 24,2014 in cause number§ mR-82!332-01, (in Austin Tx)
the Eourt of Eriminal Appeals, olerk; Abel Acosta, did received and
filed Thurman, Application for 11.07, writ Habeas Corpus, without
factual Findings and conclusion of law through the 11BTH Distriot

Eourt, Houard Eounty Texas, in cause number; 12720-(A).

Dn January 14,2015 (The justice) Eourt of Eriminal Appeals, has
reversed and remanded for De- novo revieu; inorder to resolve controv-
ersy facts; inadequate notice For mandatory supervision release, by

the Dalhart Unit, Texas Board of Pardons and Paroles, among other cl-

. RECHVED|N
a l m 3 _ comm oF chMINAL APPEALS
*(REQUEST FUR baum APPUINTr-:r) cUuNSE\_)* _ 5:3362015

Page 1 of 5,

md Aooeta,Oierk

IV.
STATEMENT UF THE CASE:

 

Dn July 25,201& (among other claim's), the undersigned; Thurman,
did notified the Dalhart Unit, Texas Board of Pardons and Paroles,
inorder to be time!ly review (within BD-days) for mandatory supervis-
ion early release, but was ignored. See; (Thurman, Affidavit at;
Appendix-.C.) with (Thurman, Request-Letter filed on July 25,201h at;
Appendix-.D.).

THEREFDRE: the undersigned; Thurman, initiated his post-conviction
to recover his liberty interest right's for early release to mandatory

supervision, with among other claim‘s.

V.
REQUEST FUR APPUINTED CUUNSEL:
The undersigned; Thurman, requests that this Habeas Eourt appoint
counsel to assist him in resolving controversy facts, pending for
De-novo Review by this court, in the said above styled-caption. Pursu-

ant to; Art, 1.051, of the Texas Code of Criminal Procedure.

Article 1.051.(c) may require;

(1),The undersigned-indigent is entitled to have an attorney
appointed to represent him in any adversary judicial pro-
ceedings; And,

(2),That may result in controversy facts; inadequate notice

for mandatory supervision review.

The undersigned; Thurman, Declaration in support of Right to

Representation of Eounsel, is attached and incorporated hereto as
Exhibit-l.
THEREFDRE: This Habeas Eourt will almost certainly uphold the

governmental action.

UI.
PRAYER:

The undersigned; Thurman, prays the Habeas Court grants him

appointed counsel for his De-novo review, as we'll justice done in

this instant case.

*(REQUEST FUR CUURT APPUINTED EUUNSEL)*

Page 2 of 5,

 

VII.
VERIFIEATIDN:
I, CDLEY RDSS THURMAN, declare under the Penalty of Perjury that,
the said above foregoing is true and correct to the best of my know-

ledge, as this verification is freely made. Presented to; V.T.E.A.

EVI, PRDC, REM, CUDE §§ 132.001 and 132.003.

Executed date; February 20,2015

7 ,/, rs <;;_j:
, /G/
MR' &ULBV Russ THuRMAN #1506079
DALHART UNIT
ll?§@.§m 999

ll“‘DA’£’H‘A”F£T§*"T"EXAS'?Quzz

 

VIII.
CERTIFIEATE UF SERVIBE:

 

Service has been accomplished by sending a copy of this instrument
to the following addresses;

Executed date; February 20,2015

HUMARD CUUNTY TEXAS, DISTRIET CLERK

UFFICE: HARDY L. UILKERSUN,
DISTRIET CDURT BLDE,

312 SEURRY STREET,

BIG SPRING, TEXAS 79721-2135

DISTRICT ATTURNEV UFFIEE, UF HDUARD EDUNTY TEXAB,

P.U.BUX DRAUER 149
BIG SPRING, TEXAS 79721-0149

AND,

EUURT UF ERIMINAL APPEALS DF TEXAS, ELERK: AEEL AEDSTA,

P.D.BUX 12308, EAPITDL STATIDN,
AUSTIN, TEXAS 78711

Respectfully submitted,

ky `» 7 \` '_,,, _s.
"7¢,4¢<//[*’" `\ '»",*"/-\/

MR, €bLBv Rnss THuRMAN #1306079

 
  
 

  

*(REUUEST FUR CUURT APPUINTED CUUNBEL)*

Page 3 of 51

»»QIFFQM§@§

MRIT NUMBER: 12720-(A):
MR-BZ,352-01

EX PARTE § IN THE llBTH DISTRICT EUURT
EDLBY RUSS THURMAN § UF THE
§ HUMARD EUUNTY, TEXAS

URDER: APPUINTMENT UF CUUNSEL:

Came on this day for consideration, the undersigned; Thurman,
request for appointment of counsel to assist him in resolving con-
f

’Fuféuadt`fhj`nbticle 1.051,(¢), of the Texas code of

 
 

 
 

§PF¢PQYYEE“DNPFR¢ViBH im¢¢hewsaidrabovewstyled…

 

-caption,

Criminal Procedure.

 

_ IT 15 THEREFURE URDERED: that, an attorney shall be appointed
to represent the undersigned; Thurman, pursuant to; Art, 1.051,(c),

of the Texas Code of Criminal Procedure.

Accordingly, the following attorney is hereby appointed and
instructed to contact the client; Eolby Ross Thurman, regarding this

matter.

NAME:

 

ADDREBS:

 

 

IT IS THEREFURE FURTHER DRDERED: that, a copy of this Urder shall
be sent to; Eolby Ross Thurman, by the clerk of this court.

Executed date; 2015

 

JUDGE PRESIDINE

*(REQUEST FUR EUURT APPUINTED EUUNSEL)*

Page h of 5,

 

 

 

 

 

EXHIBIT-1.

 

 

 

 

 

_j_p

 

~.,....,

t gm THE sTATE nF TEXAS §

EUUNTY UF HARTLEY § URIT NUMEER: 12720-(A)
MR-82,332-01
§

AFFIDAVIT:

BE lT ABKNUULEDGED, that I, CULBY RUSB THURMAN, the undersigned
affiant, being of legal age, of sound mind, and able to make this

affidavit, do hereby say, under oath the followings;

(1),1 am presently incarcerated in the Dalhart Unit, of the Texas

Department of Criminal Justice (TDE).

  
 

(2" ;arn or handle money.y¢,

 

 

(3),1 have no source of income or spousal income.

(h),l currently have $-U- credited to me in the Bank Account, or
Trust Funds Account.

(5),During my in carceration in TDC. I have received approximately
$ TUU.UU as gifts from relatives and friends.

(6),1 neither own nor have an interest in any realty, stocks, or

bonds. and I have received no interest or dividend income from
any source.

(7),1 have no dependents.
(B),I have total debts of approximately $ 1,DUU.DU

(9),1 owe $ 1,DUD.UU as restitution.
(1U),My monthly expenses are approximately $ 1UU.UD.

DEELARATIDN:
I, declare under the Penalty of Perjury, that the foregoing said

 

y¥above, is true and correct to the best of my knowledge, as this aFf_
idavit is freely made presented to; U.T.E.A. CVI. PRUC. REM. CDDE.
§§ 132.001 and 132.003.

EXEEUTED DATE: February 20,2015 _q;"'

/:H/ ":'_/ ”C ;;\
AffianQ{//§L~ /CVML/ :&Lm/ »
CULBV/ RDSS THURMAN#1BUEU79
DALHART UNIT

11950 FM 995
DALHART, TEXAS 79022

  
 

*(REQUEST FUR CUURT APPUINTED EUUNSEL)*

Page 5 of 5,

MR. EULBY RUSS THURMAN # 1306079
DALHART UNIT '
11950 FM 998

DALHART, TEXAS 79022

TU: EUURT UF ERIMINAL c APPEALS DF TEXAS,

ELERK: AEEL AEUSTA,
P.o.an 12303, cAPIToL sTATIoN,
AusTIN, TEXAS 73711 -DATED: EEBRUARV 20,2015

RE: EX PARTE: EDLBY RUSS THURMAN, EAUSE NUMBER: 12720-(A),

 

 

AND UR-82,332-U1.

Dear Mr. Acosta;

Greetings. Enclosed are the copies of Applicant; Thurman,

motions for; (1),Request for Court Appointed Eounsel, and (2),Bench

/

Uarrant.

A Copy of the said response pleadings has been sent to these

addresses;

HUURAD EUUNTV TEXAS, DISTRIET ELERK
DFFIEE: HARDY L. UILKERSUN,
DISTRICT EUURT BLDG,

312 SCURRV STREET,
BIE BPRING, TEXAE 79721~2133

AND,

DISTRIET ATTDRNEY UFFICE, UF HDUARD CUUNTY TEXAS,
P.U.BUX DRAUER 149
BIG SPRING, TEXAS 79721-0149

Respectfully submitted,

 

