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TANJIA C. CHANDLER § No. 10-9966-B

AKA `

TANJIA C. SMITH § PETITIONERS RESPONSE

Petitioner -

V §' IN THE CRIMINAL DlSTRlCT

William Stevens COURT OF

Director of the Texas § JEFFERSON GO., TX.

Correctional lnstitutions‘

Divisions § on MARCH 3, 2015

Respondent
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COURT OF CRFM|NAL APPEALS
WQH

MAR 3 O 2015

ln response to States submission of Habeas Writ
10~9966-13 to the 262nd District Court noted Febr§gw@@@§?@’@¥§?k
17, 2015.

Petitioner has received prior authorization from Ann
Landry-Writ Division to proceed pro-se' on the current
Habeas no. 10-9966-B filed on February_17, 2015; due to
Petitioner being lgnorant of the law and the proper pro-

ceedings to file a correct Habeas from 2014.

.STATEMENT OF FACTS

 

State alleges that Petitioner knew all grounds prior
to trial and on first attempt of Habeas Writ no. 10-9966-A
is superficial and redundant. v
Enclosed is Petitioners affidavit of sworn declaration
stating the following: v l
1) Petitioner was unknowledgeable of writ process on
10-9966-A.

2) lf Attorney Norman A; Desmarais Jr. had been a competent
Counselor he would have presented the facts contained
within Habeas Writ 10-9966-B filed on February 17,2015.

Suppose Attorney Norman A.l Desmarais Jr. had pres-
ented Mr. Dudley Butauds toxicology at trial; any reason-
able tier of fact would have found a degree of reasonable
doubt.

The severity of the sentence purposed exceeds an

accidental death incident.

Art 11.07 sec 4 (1) (c) current claims and issues
have not been and could not have been presented previously
in an orginal application filed under this article because
the factual or legal basis for the claim was unavailable
on the date the applicant filed the previous application.

For purpose of subsection (a) (1) a factual basis of
a claim is unavailable on or before a date described by
subsection (a) (1) if, the factual basis was not ascer-
tainable through the excercise of reasonable diligence.

Petitioner has shown she did not have knowledge of

claims prior to trial or Habeas Writ 10-9966-A.

CONCLUSION

Submitted within the Habeas Writ 10-9966-B is the
Petitioners authorization to proceed on a Habeas Writ
due to lgnorance of law¢ '

The assumption of the State that tries to subject
the courts to bias opinion, by stating, " There appears
to be no legal reason the current claims were not or
could not have been presented in applicants previous writ."

The State could not possibly know when Petitioner
found out about her rights or how to present them, by the
States own comment. The State is therefore admitting that
Petitioner did receive incompetent counsel, due to the
fact that Attorney Norman A. Desmarais Jr. did not present
a defense for the Petitioner.

On Spetember 8, 2014 through the State Bar of Texas
record no. 649747, received her discovery and trial file
per art. 39.14 from her Attorney Norman A. Desmarais Jr.
which contained the grounds Petitioner is challenging in
her Habeas Writ} which proves she had no knowledge of v
evidentary matters at trial or for her Habeas Writ no.
10-9966-B.

INMATES DECLARATION

1 Tanjia c,'chandler-Smith, TDCJ # 1746186 being
presently incarcerated in TDCJ Crain Unit, 1401 State
School Rd., Gatesville, Tx. 76599 declare under perjury
or penality that according to my belief that the facts

stated in application are true and correct.

/3`, M/é'

 

CERTIFICATE OF SERVICE‘

l Tanjia C. Chandler-Smith residing at Crain Unit,
1401 State School Rd., Gatesville, Tx. 76599 state that

herein is true and correct.

 

 

` TANJIA C. CHANDLER COURT OF CRlMlNAL APPEALS

AKA
TANJIA C. SMITH PETITIONERS RESPONSE TO
PETITIONERv STATES DISMISSAL

f/.`/> C[/) -C/`JJ

 

V. RECOMMENDATION
William Stevens
Director of the Texas §
Correctional lnstitutions NOTED MARCH 17, 2015
Division §
Respondent
INTRODUCTION

l, Tanjia C. Chandler-Smith TDCJ # 1746186, residing
at Crain Unit, 1401 State School Rd., Gatesville, x.
76599 hereby give notice to respond to States Dismissal
Recomendation dated March 175 2015 which Petitioner
reqeived March 24, 2015; (Habéaé writ hb;;i©lQQ@e-B)

FINDING OF FACTS

'Petitioner filed a 2nd Habeas Writ after receiving
permission for successive Writ due to lgnorance of law.
Ann Landry of the Writ Division gave permission to
Petitioner to proceed on successive Writ. (lncluded in
Habeas Writ 10-9966-B)

Petitioner received States Response on March 10, 2015
at which time Petitioner replied and mailed her response
out on March 13, 2015 back to Jefferson Co. 262nd District
Court. (Writ Division) State did not allow Petitioner
the authorized 14 days to reply,

State:hadfa€Dismissaerécommendation_signed March 17,
2015 by Honorable Judge John B. Stevens Jr.fwithout
allowing Petitioner response to be submitted.

.rState;allegeS that under Art 11.07 4 (a) (1) that
Petitioner must establish either a new law or new facts.
Petitioner submission of Attachment (A) the sworn inmate
declaration of Petitioner as well as Attachment (G) of
Petitioners husbands affidavit. 0n page 3 item 6 of States
Dismissal Recommendation:clearly:S?ySLLthiPh€;aLF?CbW§?PS

were an exception and was not known at trial. Hence new
factS, new evidence. Petitioner did qualify above and
beyond 11.07 4 (a) (1) requirements.

ln reponse to States allegations that Petitioner
.failed to satisfy 4 (a) (2) of the 11.07 Tex. Code Crim.
Proc. petitioner has established rebuttal and documents
that leave questions and doubt to any rational Juror. In
applying a standard of due process a concept such as
fairness or funamental fairness essential to the very
concept of Justice.

Petitioners request for Habeas Corpus Writ is
properly before courts. On the record as anyone can read.
Petitioner did not have her day in court to meet the
Prosecutions case. A fair:chancejfor;anaaccused person
to say her say is so rooted in the traditions and cone
science of our country as to be the very essence of a

scheme or ordered liberty.
SHOWING OF FACTS

In States Dismissal Recommendation page (3) section
(7) states Petitioners attachment (A) which accompanied
her Habeas Corpus Writ, exhibit (A) proves Petitioner
satisfies Tex. Civil Practice & Remendies Code 132.001
(c) (2). Because last page of Habeas Corpus Writ is

lnmate Sworn Declaration that reads, true under

penaltyy of perjury".
CONCLUSION

lncluded in this petition is also a copy of
Petitioners response, for response to States response

received on March 10, 2015. Petitioner responded on
March 13, 2015.

INMATES DECLARATION_

1 Tanjia c. chandler-Smith, TDCJ # 1746186 being
presently incarcerated in TDCJ Crain Unit, 1401 State
School Rd., Gatesville, Tx. 76599 declare under perjury
or penality that according to my belief the facts stated
in application are true and correct.

 

cERTIFchTE 0F SERVICE

l Tanjia C. Chandler-Smith residing at Crain Unit,
1401 State School Rd., Gatesville, Tx. 76599 state that

herein is true and correct.

 

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PETI.T-_IoNER"s lN`FORMATIoN

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