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EXHIBIT 1

¢/.`/>

The State of Texas In The_District Court

'Vs~ § 3rd Judicial District
§ 4 _
Alvin Eugehe Hines _ § . Anderson County, Texas

~AFFIDAVIT oF BRENDA DAVIS~

BEFORE ME, THE UNDERSIGNED AUTHORITY, personally appeared
Brenda Davis, who after being duly sworn stated_the following
under oath:

q My name is Brenda Davis. l am over the age of eighteen(l$)
years, and l am compentent to make this affidavit. The statements
contained herein are true and'correct."i _

"I am the sister of Alvin Eugene Hines. After my brother was
convicted in this case,_Cause No.31047, I_was contacted by him
and at that time he requested that l contact his lawyer concerning
the status of his appeal. My brother immediately after the trial'
informed me that his attorney intended to appeal this case. However
even after several months had passed he had still not heard from

his attorney. l then called his court appointed attorney, WM.

,

M.House, JR- and he told me he would return my call but never
did. In that initial conversation l told him that my brother
was trying to get ahold of him and that it was about his appeal.
I also contacted the attorney that I hired to participate in
my brothers defense; Mr.Bonner from Houston, he was only interested
in the smallremainderof the money I owed him and refused to
do anything about the appeal unless l paid him more money. Mr.
House was appointed to represent my brother by the court because
of my brothefs indengency,for trial and Sentencing.As<M§this
date neither of the lawyers have contacted me concerning the
appeal."' .

" l am signing this affidavit voluntarily. I have not been
coerced or threatened in any way to sign this affidavit, nor

has any promise of any nature been made in exchange for my execu-
tion of this affidavit."

p.1`

l am making this affidavit for the sole purpose of helping my
brother receive an appeal in this case that he has always insisted
he is innocent in. We have expected an appeal and have done all

we could to get one done and believed that his attorney's were

pursuing the appeal, apparently they are not." Further affiant

Brend Davis, Affiant

saith not."

SWORN AND SUBSCRIBED beofre me, the undersigned authority, on

Mé,eaz:;

Notary Public, SG te of Texas

 

xc/ my file P.2

 

EXHIBIT 2

Cause No.' 31047

THE sTATE oF TExAs' ' § ‘ v 'lN nlsTR_lcT couRT oF

. . _ . . § _ ‘ 1 ."
vs _~ 1 . § . sR° JuchlAL'DisTRlcT
_ § _ _
‘ALviN EuGENE HiNEs § ' ANDERsoN couNTY, TExAs

`TR|AL COURT’S CERT|F|C;AT|ON `OF DEFENDANT’S R|GHT OF APPEAL
l, the judge of the trial court, certify this criminal case: n
bd ' is not a plea-bargain case, and the defendant has the right of_appeal, or

[ ] is a plea-bargain case, but matters were raised by written motion filed and ruled on
` ' . before trial and not withdrawn or walved, and the defendant has the right of appeal, or

 

 

 

 

[ ] is a plea~bargain case, but the trial court has given permission to appeal, and the
defendant has the right of appeal, or `
_ _ f _ . Fll_ED FOR REC_OR_E
[ ] is a plea-bargain case, and the defendant has NO right of appeal, or A,{_;;; ‘) j O,C¥Od
the defen nt has Waive the ri ht of a eal. .
[/]/U §§ /d\ g pp JUN ~6 2013
/jé/Z//' \M '\W§/]“?/i /j -' -JANlCE STAPLES
la 1 i/Z/l \/_ /i \V /@/ /VW‘/ @ " in * L? SF~ILL<L_GIML._AnQ` ` f derson County,T)
Presiding Judge Date by___~ gap

l have received a copy of this certification l have also been informed of my rights concerning
any appeal of this criminal case, including any right to file a pro se petition for discretionary
review pursuant to Ru|e 68 of the Texas Rules of Appellate Procedure. l have been
admonished that my attorney must mail a copy of the court of appeal’s judgment and opi_nion to
my last known address and that l have only 30 days in which to file a pro se petition for
. discretionary review in the Texas Court of Crimi`nal Appeals. _Tex. R. App. P. 68.2 I
acknowledge that, if l wish to appeal this case and if | am entitled to do so, it is my duty to
inform'my appellate attomey, by written communication, of any change in the address at which l
am currently living or any change in my current prison unit. l understand that, because of
appellate deadlines, if l fail to timely inform my appellate attorney of any change in my address,

l may lose the opportunity to tile a pro se petition for discretionary review.
M»' if .; - ZM/% '\ .

Defendant y efense Ccuh'sel/ 1

Mailing address: Bar Card No.
Mailing Address:

 

 

Telephone Numb__er .
t Fax Number: ' ` ` ` ' . _ Telephone Number:.
~ ' Fax number:

 

___-_____________

 

2

Thejury heard the evidence submitted and argument of counsel. The Court charged thejury as to its duty to detei'mine:th_e.;.'l
guilt or innocence ofDefendant, and the jury retired to consider the-evidencel Upon returning to open court. thcjury delivered its:_n
verdict in the presence of Defendant _and defense counsel. if any. ' ' ~ -

The Court received the verdict and ORDERED'it entered upon the minutes ofthe Court. b `_.

P ni dm Assessed b n / r ection select one ' "' l""""'

l g Jury. Dcfendant entered a plea and filed a written election to have the jury assess punishment. Thejury heard evidence relativeto"'
the question ofpunishment. The Court charged thcjury and it retired to consider the question ofpunishment. Aftcr.duc deliberatioi;»..~,__`..
the jury was brought into Court, and, in open court, it returned its verdict as indicated above. ` - h
E] Court. Defendant elected to have the Cou'rt assess punishment. After hearing evidence relative to the question of punishment, th"e"-" '
Cou rt assessed Defendant's punishment as indicated above. " _ .. v
m No Election. Defendant did not file a written election as to whether thejudge or jury should assess punishment. After hearing …W' '
evidence relative to the question of punishment, the Court assessed Defendant's punishment as indicated above.

The Court Fles Dcfendant`com_mitted the above offense and ORDERS, ADJUDGES AND DECREES that Defendant is .
GUlLTY of the above offense. The Court FlNDs the Presentence lnvest`igation, if so ordered, was done according to the applicable `_ i-
provisions of T-EX. CODE CR|M. PROC. art. 42.l2 § 9. _ -

` The Court ORDERS Defendant punished as indicated above. The Court Oltt>BRS Defcndant to pay all lines, court costs, and
restitution as indicated above. t `

Punishment Qp_tions (select nne) h
g Confioement in State Jail or lnstitutiooal Division. The Court ,Onoeks the authorized agent ofthe Statc ofTexas or them `
Sheriffofthis County to take, safely convcy, and deliver Defendant to the Director, lnstitutional Division, 'I'DC.I . The Court_" _
ORDERS Del`endant to belconfmed for the period and in the manner indicated above.The Court ORDan Defendant rcmanded`t"oi'the“` "
custody ofthe Sherifl'ofthis county until the Sheriff-ean obey the directions of this sentence. Thc Court ORDBRS that upon release __
from'continement. Dcfendant proceed immediately to the Andcrson County District Clerk. Once there, the Court ORDBRS Defendanl '.
~ to pay, or make arrangements to pay. any remaining unpaid iines, court costs, and restitution as ordered by thc Court above. l ¢
m County Jall-Confinement/Confincment in Lieu of Payment. The Court ORoERs Defendant immediately oommitt_ed’_t_o
the custody ofthc Shcrit`f of -County,Texas "on the date the sentence is to commence. Dcfendant shall be confined in the " "
County Jail for the period indicated above. The Court ORDl-;RS that upon release from confinement,Defendant shall proceed _
immediately to the . Oncc there. the Court ORnEttS Defcndant to pay, or make arrangcments to pay, any remaining unpaid
fines, court costs, and restitution as ordered by the Court above. " _`
l:] Fine Only Payment. The punishment assessed against Defendant is for a winn oNt.v. The Court ORDan Defendarit to pr_oce'ed

immediately to the Offtce of the County . Onoc there. the Court ORDERS Defendant to pay or make arrangements to pay'all
lines and court costs as ordered by the Court in this cause, ' »"-'~f-.

F¢xecntlon /§usgension of§entence (select one)
® The Court O)zox»:ns Defendant‘s sentence exacu'reo.
m The Court ORDERS Defendant’s sentence of confinement SuSP£NDBD. Thc Court ORDl»:-RS Defendant placed on community
supervision for the adjudged period (above) so long as Defcndant abides by and does not violate the term~s and conditions of

community supervision. The order setting forth the terms and conditions of community supervision is incorporated into this
judgment by reference.

The Court ORDERS that Defcndant is given credit noted above on this sentence for the time spent incarcerated

 

  

v Fur h rm r the followin s ecial findin s or orders a l :
Reimburse Court Appoinled Attorney Fees

/`\ /\ /\
Signed and entered on June 6`, 2013 y /2 U /§; §

Pam Foster Fletcher
JuI)GE PRasiniNo

Clerk: i"/,l .
R 2 .` .` i°`ai€,' l$

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31

EXHIBIT 3

(/) ' '-" . Er}’fé#;?
` wM. M. HousE, JRO

Attorney at Law

Ofticé: (903)723-2077 _ Fax: (903)723-6323 Residence: '(903)7§3-4213

October 18, 2013

Alvin Hines g l - ,
#1866741 ,~ - ' `- l
2101 FM' 369N ` n ' '

IoWa Park, T_exas 76367

Dear M_r. Hines:

The last time I' talked to you about this case Was ]une 6fh, as we signed and filed out the certificate of
Appeal'. At that time you told me you Wanted to talk to Mr. Bonner first. Mr. Bonner called me shortly
thereafter to learn What the sentence in your case Was; no mention Was made of any appeal at that

time. l was later contacted by State Counsel for offenders I gave them this same information

Yours very truly,

/7/

Wm. M. House, ]r.
Attorney at LaW

WMH/cn

 

` rest oface Box 1486 800 Nor.ch Church Palesnne, TX 75802-1436

BOARD CERTtFlED IN CRlMtNAL LAW BY THE TEXAS BOARD 0F LEGAL SPECIALIZATION

EXHIBI'I` 4

F'ke 3011/1a few g'¢'zm @ Z';)% /;é/% $/

A Professional Corporation

 

 

V. Martinez Bonner l Phone (713) 842-7700

Attorney at Law_ '- Ce|| (832) 433-6565

4820 Old Spamsh Trail Houston, TX 77021 ` Fax (713) 842-1551
October 28, 2013

Alvin Hines

2101 F.l\/l. 369 N.

Iowa Park, Texas 76367
ALLRED UNIT

P_'!-i`: ‘!our ‘~:".eqnest for.lnt`o.rmation
Dear l\/lr. Hines,

l never filed a Motion to Withdraw from your case. l\/l_'\»‘ representation of you ended when
the Jury found you GUILTY.

l was not hired to file a Notice oi"Appeal.l l have not heard from Mr. llouse since the
Guilty Verdict. Your sister is right about the Rernainder oi"m"v' fees "

l\/l'y representation entailed representing you throughout your trial along with Mr.* House.
lt`s not our fault that you were found Guilty. We did not make the t`acts, nor your threatening 91 1

call.
l l_~la\_/e_ you are your sister paid me or anyone else to handle your Appeal. No
What about the rest of my fees‘?

P.»arbara L Law is also misleading you ii` she claims she contacted me. I have never heard
other nor irom her, ' lthough s`ne"s 'right, 1 do not represent you anymore

Have you forgotten that l was the one that made sure the jury found out about the
Decedent attacking yeu. Hope'l"ully your questions have been lans\\/ered, Good lsuck

 

attyvicbonner@yahoo.com

 

WM.M.House, JR. vCctober 15,2013
Post 6ffice ch 1486 `

_SOO N- Church

Paléstine, TX 7580i

RE: State of TexasqV¢ Alvin Eugene Hines Cause No.31047,

Mr. House,

I am writing today to find out exactly why my case has not
or was not timely appealed; l have had the State €ounsel for
Offenders contact you and they have told me you told them you
are noilonger my atonoeyy. 1 have tried numerous times to find
out the status of my appeal and so has my sister. You know that
l always wanted to appeal this case; Why'didnttypou ever file
an appeal in my case? Now.l must file for an out of time appeal
by way of a writ. That is what the State Counsel for Offenders
`has told me anyway. PLease advise me as_to why you did not file
for an appeal in my case as you were my court appointed counsel.
Please respond to this request for information. My appeal is
and has alwa¢;been`important to me and you know that so please_
help me anywag;you can. Thahk you for you kind assistance in
this matter sir, it is greately appreciated. `

PLease note that the trial court certified my right bb appeal
on June 6, 2013. You know that because you were right there when
we Signed the right to appeal and notice of appeal was given
by me.. Again thank you for your time and efforts as well as
a timely response Mr.House.

Sincerely,
Alvin Eugene Hines
1866741
2101 FM 369 N.
lowa Park,f§ 76367
ALL£\‘ED UN]`.T 'l`.D.C.J. '

 

XC/my file. P.l v

B’/%b/%$/

(} .\

  

State Counsel for Offenders

A Divisiim of Texas Drpm'tmem of Criu\iual Justice

P.O. Box 4005
Huntsville, TX 77342-4005
(936) 437-5203

August 21, 2013

Alvin Hines

TDCJ-ID # 1866741

Byrd Unit (008)

Dear Mr. Hines,

I spoke with Mr. House and Mr. Bonner. They no longer have any connection with your case as
the trial phase has ended. I recommend that you contact the court of conviction, inform them of
your desire to appeal, and request that they appoint you appellate counsel.

Due to the time that has passed, you may need t_o file a writ for an out of time appeal

Our office cannot assist you with your appeal;

Thank , 4

Walter Nightingale

Staff Attorney

General Legal Section

State Counsel for Offenders

WNl/lv

c: FILE

g/(%//Vé/:t(@
PRAYER

ln reality this presumptively ind¥@nt Applicant did not
receive any practical assistance of counsel in protecting and
preserving his appellant rights. Thus he has been denied effective
assistance of counsel on appeal in violation of his due process
rights under the Fourteenth Amendment and his Due Course Rights
under Art.l, § 10 of our own Bill of Rights.*Therefore; Applicant

is entitled to an out-of-time Appeal; and that specific relief
is requested,respectfully.

ah

INMATE DECLARATION

l, Alvin Eugene Hines, am the Applicant in this case and being
presently incarcerated in Texas Department of Criminal Justice
I~D, James V. Allred Unit, Wichita County, Texas, declare under
the penalty of perjury that, according to my belief, the facts
stated in the above Memorandum in Support of Article 11.07 Writ

of Habeas Corpus are true and correct to the best of my ability.

:Including the attached exhibit pack, 1-5.

Signed on 22 hg'!gé 2 ,2015'
mutualin

Alvin EugeHe Hines
1866741

2101 FM 369 N.

lowa Park, TX 76367
Allred Unit

/\lO\;d ol\\ lite M'¢chael~ l)"\UL
oN ¢\ llmtD-Shj/).,

P-lO

