WILLIAM H. “BILL” RAY"
ATTORNEY AT LAW
512 Main Street, Ste. 308
Fort Worth, Texas 76102
(817)698-9090 _ (817)698-9092

'August 11,2()15

Court of Criminal Appeals '§,;;E@?EW,”::D M
Clerk’$ Off“’e CouRT oF calamia h resale

_ PO Box 12308, Capitol Station » l ~
Austin, rean 78711 1 ;i},j§ l ’i Za".=?:.

RE: EX Parte Ronald 'Wayne Harrison
CCA NO. WR-40-355-04 Aw@l A@@S(@v@l@ll`

Trial Court Case Number 4205-€
Dear Sir/Ma’am,

Enclosed for filing please find a file stamped copy of an Amended Application for Writ
of Habeas Corpus in the above referenced case. After l Was appointed in this case, l discovered a
couple of additional points and pursuant to previous instructions from this Court, l filed an
amended application in the trial court and have provided the Court a copy.

lf this is no longer the procedure the Court desires, please let me know.

If you would please send the second file stamped copy back in the enclosed envelope it
would be appreciated

Thank you.

Since ;ely,

 
  

Willi . ‘Bill” Ray

cc: lack County District Attomey’s Office
Wise County Courthouse
Decatur, Texas 76234

 

 

 

§§ CaseNo. _[7[‘;05 C/

('l`lict Cleik oftlie convictil.i'-__' cou1l will fill this lin'- iii )

 

      

l"\x Tl"LE COUR.l OF C'R'I“i\’l'l'.'\" AL ."-\Pl".l;`-`.».~'\LS OF TEXAS
fl l‘/i E rt//QE /9
.’\l’}’LlCA'I .lO'\ I”OR ./\ Vi’i\ll ()F H!\BE. §§ COl\I US
SLL}\['\G RE.LJlEl' FROM HI\'§L H;/LO'\\ CO.N\' lCl l(`,)'\'
U_ND.ER C.ODE Ol' CRl.l\./l.:l.!\.§l; l"ROC LDUR.E_ ARI lCLIi ll 07

§lll’\llilllllll'

NAM:E: RON_§LD '\l\-"_§YNE H.§RRISON

DA'r.E ortetn'rn: FEBRU”“RY 3' 1063

.PLA CE OF CONFIN EM.'ENT .W. _§LLRED L"N'I'l"./"l' D C _T 'lO'\X _§ P §_RK. TE§§§§

 

dioc."-i C n) Nu\tBLi< _(QR§_`_________ sip Ntz'MBER.:

(_l) This application concerns (`cliec-l\' all that a.pp]_\;'}:

l\/ a conviction g parole
a sentence l:l mandatory supervision

m time credit g out»o.i’-t.imc appeal or petition for
‘ ` discretionary review

(?.`} \`\"hut district cour tentc ed the judgment of the con\- iction i,ou i.am . clicf` from‘.'
('lncludc the court number and county .)

2715"{ DISTRICT C`.OURT/.T.§CK COUNI`Y
(3) What. was the case number in the trial court?
4205
(4) What was the name of the trial judge?

HONORABLE .TOHN FOSTEL

 

 

9 FlLlElD
311' m
Au@ 6 _.,_21115
Ef"fect.ive: .'l'anuar\r' l. 2014 l l TRAC|E P|PP|N D|ST. CLERK

JACK COUNTY, TEXAS
BY DEPUTV

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

(5)' Were you represented by counsel? lfyes, provide the attorneys name:
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Yes...npctNALo wtcsou
1

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(6) What was theldate that the judgment was entered?

FEBRUARY 20 2008

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(7) For what offense were you convicted and what was the sentence?
l

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INDBC.W/ClHILD-BY SE.X'UI-‘.L CoNTACT/LIFBTIME CONFINMENT IN T.D. C.J_.
' l
(8) If you were sentenced on more than one count of an indictment in the same court ar
as the sentence in each

the same time:, what counts were you convicted of and what v.'

count‘.’

l\" ,/L_

 

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1

1 -/,,
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¥' » ~ l .
-- (°)' ~vi’hat was tneiplea you enrered? (_Che:l; one.)

  
 
 

L__l guilty-plea bargain

' tv-open plea
D nolo contendere/no contest

not guilty
lfyou entered different pleas to counts in a multl-count indictment please ezpla'm:
N /' A

 

N/A

(10) VVhat kind of trial did you have?

13 no jury §jurry for guilt and punishment

 

 

 

 

(ll-)

(l"-')

(13)

(14)

D jury for guilt._ judge for punishment
1

Did you’tes:ii:'y at rrial? 11‘ yes, at what phase of the trial did you testify?
1 . -

No.l.wAs NoT Asueo on ALLoweo

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Did you appeal from the judgment of' conviction?

XinXyes § L'_l no

If you did appeaL answer the iollowm` g questions:
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l ,. » I"T .T. T ' \T ,'l"`l "
(_§) Whatlconrt of appeals cudyou appeal to? an D 3 R C FORT WOP H m AD
§ TRANSFERED TO 7§h DISTRICT AT AMARILLO/TX.
(B`) Wl:atiwas the case number‘.’ 07“ 3`00155'CR

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(C) Were lyon represented by
name:;

counsel on appeal? I_f yes, provide the attorne}"s

yrs...orv;o PEARSON tv

F¢ho&wsmnq A.FIRMEo/ocroeea 30 zone
a ~ ~¢_ ._._______,__.__-___

g

fD) Wnaz iwas the decision and the date
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Did you file a petition for discretionary review in the Cour: of Criminal .§ppeals?

22 yes 13 no
II' you did ile a petition for discretionary review, answer the following questions
P D - l 6 5 2 - O 3
(_A.) `What was the case number?

(B) Vi"bat was the decision and the date of the decision? lM__--M-‘-YOg

for a writ of habeas corpus under .A.rticle

Have you previously §led an application
dure challenging this conviction?

11.0"/ of the Texas Code of Criminal Proce

X®Xyes El no

li'you answered yes, answer the following questions:

. WR-¢JO,`§”~OZ%
(A) What was the Court of Criminal Appeals’ writ number'.’__________.o__:-_-

3

 

 

 

 

 

 

 

(15)

(16)

(B)
(C)

B A S!ED
Please identify the reason that
could n[_ot have been presented on your p

1

What vi:'as the decision and the date of the e:ision;
ON TRIAL COURTS FINDINGS W
the.current claims were not presented and
revious application

QDENIED W/O WRITTEN ORDER

/O A HEARING/SEPTSMBER 14 2011

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COVERBD \"ICTIM AND OUTCRY WITNESS RECANTATION

Newuy ots

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NEwLn AvA:LABts evzneucs or

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NEWLY; /`-\.\/AILABLE EVIDENCE OF

PROSECUTORIP.L INTIMIDATION

THE PROSECUTION KNOWINGL‘.' t

USEDlFAL_SE MATERIAL TESTIMON‘.’
1

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tieth AVL.ILABLE ev

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Do you currently have any7

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com? l

>'\z"`§i"/.no

'_1 yes

" you answered yes, please provide the name of

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§ .
li you are presenting a claim for time cl
administrativd remedies by presenting your c
system of the 'l`exas Departm
any final felony conviction, inc

N/A 13 no

E yes
If you answered yes, ans

(A) What date did you present the claim'.’

CB)

Did you receive a decision and, if yes,

N/A

If you answer

4

 

petition or appeal pending in any 0

ed no, please explain why you have not su

IDENCE OF ACTUAL INNCCENCB

ther state or federal

the court and the case numbers

rredit, have you exhausted your

lairn to the time credit resolution

ent of Crimir.al Justice? ('l"nis requirement applies to
ludi.ng state jail felonies)

wer the following questions:

N/A

what was the date of the decision'.’

omitted your claim:

 

 

 

 

 

17)

 

 

 

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Beginning on page 6 state concisely every
riefly summarize the facts supporting each

being unlawfule restrained and then h

ground.'! 'ou must present each ground

summary oi'
presented an the]orm app
if von have
mav cop} as many times as
each ground numhe red in sequence
ground must he nolo

You may include with the forma memo

authorities. but the Court will nor consi

memorandum of law that were n
must be in a memorandum that comp

""eed 15 000 words if computer-g-

and does not ea.,w

are challengii:ig the validity of your conviction p
trial in your memor andum.

pertaining to your offense and

 

the facts 1]'_ vour, arounds ana b
liczm`or.. the form will no

more than four grounds use
needed to give you a sep
The recitation of the facts supporting each

nger than the two pages p

ot raised on the iorm. 'I'he
lies with Texas Rule of Appel.ate Proc edure 73

legal ground for your claim that you are

on the form application and a brief
ricfsummar_v of th. jacrs have no.-'. been

' L'Of’_§'ld£." VDllf'o °'l’UllnaS.

pages 14 and 15 oi' the for m.w which you
arate page ior each ground, v~ th

rovided i'or the ground in the for m.

randum oi 'lawii you w ant to present legal

der grounds for i ".liei' Se'L out in a

citations and argument

enerated or 50 pages if not if you
lease include a summary of the facts

U\

 

 

 

 

 

GROUND ONE:
ACTUAL iNNocENCE

DUE PROCESS VIOLATION

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FACTS SUPPORTING GROUND ()NE:

The applicant is in possession of letters from state' s material witnesses,

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statinc that not  only was their trial testimony FALDE,but that it was

e prosecutor's_office.{see exhibit A)

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obtained by intimadation

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The applicant is also in possession of paperwork from the J.V.Allred unit

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milroom,showinq that the sta:e contacted unit administration,requesting

all be stopped pot h incominc and outgo; nc,between applicant and any

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3

ls case(see exhibit B)"per assistant district

attorney ?aige McCorm_ck s _ Wq "...which demonstrates the states continued

intentional denial of exculpatory evidence,that will unquestionably establish

applicant's actual innocence,establishing the need for an evidentiary hearing

to allow unfettered access to the truth. According to the letter presented

as exhibit A, the complaintant has recanted her trial testimony,and will do

so at the requested hearing and give pertinent testimony concerning the

Rcv.Ol/l4/l4

 

 

 

 

 

 

 

 

false allegatnons.-his den ial includes material.witnesses who

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are willing to dest_

bify to.the coercion by the state and recantations of their
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testimony,and have attempt ed to send unsolicited affidavits supporting their
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recantations ofitrial testimony/which they state was not only false,but was

_~_

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coerced by Jana §ones and Paige McC ormick(see exhibit C),Applicant is also
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tters stating that a material eyewitness who was at the

in possession of le

house[Lorenzo James King Jr.][2RRl73,196,l99,225]will testify as to what

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§the day of the alleoeo dincident,and was wi ling to testify-

(]l

really happens
§

at trial(see exhibit D).This eyew i'tness testimony was objected to,ano prevented

al[2RRlQ§/230,247]This witnesses testimony

by the state and court at‘tr 1a

would have completely destroyed the state' s Case therefore the state never

attempted to call this eyewitness,and objected to the applicant's attempts

at locating this witness[ZRRlQQ 247]The court after denying a request for

a ONE HOUR recess to locate this witness,and having an unrecorded bench confer-

ence{ZRR247]the court recessed for the evening[ZRR254]after defense rested.

Rcv.Ol/l4/l4

 

 

 

 

 

 

 

 

 

GROUNDTW©:
PRosECUToRiAL niscoNDucT

§ DENIED RIGHT TO A FAIR TRIAL
FAcTs SuPPoRT`i.~c GROUND rwo:

!
Applicant is in possession of l tters from the complaintant's aunt and also

§
from the complaintant's mother stating that the prosecutor[Jana Jones] and

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the assistant prosecutor [Paige McCormick] had threatened both the complaintant

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! t l F _ v
and the complaintant's mother that "if they did not testity as instructed by

the prosecutor,at trial,that the prosecutor would contact child Protective

service and have the complaintant taken away from her mother". This letter

that the prosecutor "scared" the complaintant and told her what to

say at trial[see§exhibit C ] The applicant is also in possession o£-a letter

from the complaimtant's mother that states "I wanted to come see you but they

[the prosecutor] said that if I had any contact with you that they would have

my baby taken away“[see exhibit E ]This contact was while the applicant was in

jail On pending forgery charges and before being indicted on this charge.

Rev.Ol/l4/l4

 

 

 

 

 

 

 

 

key

g

This misconduct by the prosecutor deprived the applicant of obtaining

1
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witnesses in his favor by dening any contact between the applicant and the

!
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complaintant's mother,because in the letter noted above the complaintant's

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mother states that "I wanted to come see ou,but the 'threatened to take m
. Y

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daughter away from me“. This intimadation by the prosecutor 5 ottlce still

5
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continues inthat§the prosecutor has sent a letter to the J.V.Allred administra-
, .

!
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tion and personally requested that the complaintant or her family not be allowed

i
to contact the applicant, thereby continuing to deny the applicant exculpatory

h

evidence/including unsolicited atiidavits{see

District Attorney Paige McCormi:k who took it

this request is Wper assistant

1 4..... ._. _. ..~ . - ~ ;,~ ¢.' '_ _.» ,`
upon herself in an attempt to cover up her threats and intimadation that lead

to false testimony at trial which lead to the conviction of an innocent man.

This denial of contact was never ordered by the court and was never added as

special Or additional instructions in the judgement of the court/which can
’ |

be clearly seen in the judgement at [C.R.lOe-lOS]

Rev. 01/14/14

 

 

 

 

 

 

GROUNDTHREE

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COMPULSORY PROCESS VIOLATION

FACTS sUPPORTiNc cnom~m mate

~ . ` . | 1 . .
The trial judge prevented the applicant

P
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material witness

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incident[ZRR

\_1
._\_'
L»J

'JUDICIAL MISCONDUCT/BIAS TRIAL JUDGE

from presenting a

who was at the house the day of the alleged

196,225].This witness was also at the courthouse

 

z

9,230]and was ready to testify as to what

 

 

 

 

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the day of trtal[ZPRlQ
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really happened at the house the day of the alleged assualt{see
§

einioit D] q`his denial came alter the judge had 2 discussions
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"o“ the record" at the ber:hLZPR199,2d7]with oth the attorney
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and the prose'utor,betoreing denying the applicant s attoineys

 

_ ___"_"H

who had steppLd out of

denial,the ju

This judge also allowed a

 

dge recessed for the evening

" recess to locate thi

5

material witness

the courtroom briefly[ZRR247]after this

15 minutes later[ZRRZSé]

juror that he had dismissed during

L

Rcv.Ol/l4/l4

 

 

 

 

the selected

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;jury[2RRlZ9-l32].

challenge fod cause,juror § 31 Cynthia Baldi,return to sit on

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rcv_ 01/14/14

 

 

 

 

 

E ?ROCESS VIOLATION BY THE TRIAL COURT

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§
anotbe FOUR; §
DU
§
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NEWLY AVAILABLE EVIDENCE AND/OR INFORMATION

FAC'I`S SUPPORTIN_G GROUND FOUR:

Applicant was never given.an opportunity to respond to the supple-

mental affidavit that was submitted to the trial court by trial

v

counsel(see exhibit F)in response to a remand order from the

court of Criminal Appeals(see exhibit G)Applicant was denied his

 

t the court refused to provide

 

aoolicant with a copy of supplemental affidavit(see exhibit H)
until “A?TER"§the court of Criminal kppeals had denied applicant's

 

writ on findings of trial

The trial court allowed and acce_ted an affidavit from trial
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counsel Reginald Wilson(see exhibit J)in response to applicant's

writ ground #B which was Ineffective assistance of APPELLANT

counsel David Pearson ill whom was appointed by the court on

May 20th 2008(see exhibit K)the courts NEVER allowed or gave

Rav. 01/]4/14

 

 

 

 

 

 

 

 

 

Mr. David Pearson III appellant counsel the opportunity to
1 . . .
respond to allegations against him.

§ . y
The court also accepted as well as used/in its decision making

.’
process,not oLly forged documents(see exhibit L )but perjured
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documents as well/including an affidavit from trial counsel
§ .
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Reginald Wilspn(see exhibitJ ).

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13

R.e\'.Ol/l4/l4

 

 

 

 

 

 

 

 

 

 

 

 

 

 

GR O U'.»’\' D
GRO'U`ND 13 I"v" E.'

INEFFECTI\"'EA 331§” ¢\_l\".`EC OF TRI A.l. C."OL'_- "SEI.

_F`AC"I`-S SU 1’1"()]'{'1`[1’\“(§ GROUND:
M§;' attorney ai nial. R`eginald Wilsoir communicated an offer of 12 years TDC for 1116 offense

of ln_iuiy 10 a Child_. and 15 months 111 the Srarejail. l told ni;\_-' lai-‘.z"er fharl would accept the

12 year offer hur'askeci if the 15 month srar.e_iail offer could he reduced 10 12 months M}=
attorney said that he \i 0111<1 heck with the DA hut he ne‘ ei esponded1:)ac1;101ne Tliis
conversation was prior to trial 011 the da_'~,: of trial 111;\~' anoinej\" told ine the DA one iedS _\ea is
l"DC for the offense oflndete11t.j\="\»‘~:it’11 a Child Whi-C-h l refused due to the f cr 111211’ l would
have to register as a sex ofiend~ar 10 01 111 lnde' cenc_\_ oon'- iction l"he part 01."1£>;1_111)1_1 "1” that
states 1 refi erhe 12 '~.'ears ind signs d 011 1 Fe`uinaij\~’- 1-3._[10g is 111-2011 eci The statemeni'l ,\ r )re
11 as that l would 1101 accept 8 \'eais TDC Ior Iiidecenc\ with a Child. l signed this Siaienient in
ihe_iui§f room on Fehuiaiy 19_._ 2008. on a _\,'allovi-" piece of paper Tha1 statement has been

overlaid on to Exliibit "I_". l`lie dated and years on this statement have been changed

 

 

14

 

 

 

 

 

 

 

GROI.."ND SIX: \X’ITHHOLDD\JG OF BRADY D\'Z`FOPJ\’JATION

.Tauies Forhns was the police officer Who obtained the arrest \r\!ati`aiit in mr case The affidavit
is dated l\~{ai'ch 201 20(17_ The conduct that l utas)prosecut.ed for w' s alleged to have occurred
on l\~'larc-h 19. 2.0(1,7._ the day before l\/l_\_t case went to trial inl:`el)inai§-’. 2008 011 Deceinhet 3_
2.007.A Ofr'icer .Faines For'ous was fired from the Citj.’ of lacl:sl)oi‘o Police Deparnnent for
conduct that occurred from Oct.oher 'F, 2006 up to Deoeinher 3: 2.007. .l ames 13 or`ous was
convicted of this felony crime on April 35: 2(112. l\'I}-' attorney and I were both unaware oft]_u's
conduct until lul_'-" of 2015-__ and after this application had been I"iled. l believe that if tn}"
attoinc;’.and l had l;no‘vm of the credibility issues of .laines }`r)rhus._ and presented rhein at

\

1113;'11'1a`1, the 01 tcon:ie would have been different

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

WH ERE E`O RE, A l’l"LI CA_!\"_`{ ` fl’RAYS "I.`.'HA 'I` 'I `H`E CO l`_`l R"`I` GRAN `I` A}’l".LI CA_N '.l_`
R,E L_`l`.'E-l" TO \"VH`.| C,`H .`H'E M'A`Y BE .E !\"l`l TLEZD .`l."\" 'I`Hll.S _'l"l{C)CEE.'D:IfI\‘G.

\`"E.R,l_`_`Fl C_A,'_l'l O N

Tltis application must be verified or it will be dismissed l"or non-coi,n_plianee. fl:»`o.r
verification purposes an applicant is a person filing tl e application on his or her own behalf A
petitioner is a person filing the application on lieuhz-t.llo:!`an applicant tot e.\;a.tnple., an applicant"’s
attome_\;". ./-\n initiate is a person who is in custt'»o`_\,_t.

`l`he inmate applicant must sign either the "`O.'-.tt'h Be.t"ore a_Nota.r}=‘ .'l’ul)lit‘" before a
_notar_\g', public or the "ln_tnatc’s Deciaration" without a notary public fl:l` the in_tnae is rep 'esented
b'_\_-' a licensed ant')rnej,-'_._ the attornc)-' may sign the "O:»ith B~'::l`orc a Not.ar}-' l)ublic"` as petitioner and
then complete "l’el'it‘icirtei"s lnl"or_inzition."" A non-inmate applicant must sign the "`Oath Belore,a
Notar_\/ l"u.blic" before zi notary public unless he is represented b_\,'~' a licensed a.ttc)r_ne_\,'._ in which
case the attorne_\,' may sign the \'erii:iczition eis pet'it:ione '.

. A non-initiate lion-attorney petitioner must sign the "Oat'li Bc;lore a .Notaz}-»' l’ublic”
before a n,otar_\,-' public and must also complete “l"ctitic)iicz"s vlnf`ornta.tion."' An initiate petitioner
must sign either the "C)at`n Bet"orc a .N<)t'n.r_\" l’u’nlic" before a notary public or the "'lnni.t-l.tc`s
.Declatation" without a notary public and must also contple c the appropriate “l"ctiii_o.ncz"s
lnilor:,nation." '

O,A`.`l"_H B:l:",F'C)l`{`l-: A .:’\‘O'_l`.étR ‘1" P L"?`,BLlC'
S"l",:‘\'_`t"i§ Ol~`v TE`_>.{.-'ft$
COUl\t'"l`Y Ol: _ _________~__4_

, being dul_\; sworn_. under oztt'n sa._ys.' "l ain
the applicant / petitioner (.ci.rcle one`,\ in this action and know the contents c)ii`tili;f_etbt)\"e
application for a` writ of habeas corpus ancl, according to my belief the facts stated in the

 

application are true.”

 

Signattire of Applicant l’etitioner ( circle one`)

SUBSCRIBED AN`D S\l\/Ol'{l\l 'I"O B`El.-`ORE MlE Tl"l`lS __ DA.Y Ol-` __ __; 20 __

 

Sit:§it_a.t'tti‘e of 'Nota:')-' Publi.c

l()

 

 

 

 

 

 

 

 

 

 

l"E "l`l T.l'O NE R ’ S IN FO RMA 'fl `l O.N

.Pctit`:ioner"'s printed na.rne:

 

Stat`.e bar n'nrnber._ ii"applical)le;

 

_¢\ddress:

 

 

 

`l"`e ep_hone;

 

.'l"`ax:

 

l`t\‘ MA 'lE ’S DECL.~'»\.RA'I"l ON

l_._ Rflllilld W 3:\"1?€ H?‘l`l`l$@ll ’ petitioner t_'ci.rc e o.ne,`,l and

 

he ing prest ntl_\_-'incait¢tat~t in T D- C l ' l\ ~ -£-LLRED l-'?NH ._dt:t la:e under pena lt§,-' o_'l`

perjury that according to my beliei`_: the facts staten in tnt ana )\ e pnhtat)on art tr ue and correct

Sig‘iedon `\Q\ `/ .Si\t\ .20\"§>

’@ \ M~ttt//
Signature ot /-\pplicant l’etitioner (cird}\,one-)

 

 

 

 

 

 

 

 

l’.l~`."_`l`.l "l`_l O_"\§_ER `S l_.'\' l»"(.`) l`t."\"l!‘.\ 'l`l (`.)_-'\*

l’et,it.it)ner"s printed natne:

 

.»'-'ttiti t‘ess:

 

 

 

'_i`el~;-:phone:

 

`T‘.»
l\.j
>£

 

§§ i gnet§ on _ 343

 

__\j i ~‘nztti_irt~‘ o;€" l“eti'z'ione§‘

 

 

 

 

 

