SWORN STATEMENT

sUPPLEMEP~IT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF
HABEAS cORPUS FILED 5/19/2015 AND 6/2/2015
PROCEEDINGS IN WR-78,-165-02 cHADRICK B. PATE
ADDING
swoRN sTATEMENT
PURSUANT T0 APPELLATE RULES 52.7 (a)(l) and (2)

TABLE OF CONTENTS

TABLE ()F CONTENTS
COVER SHEET

SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF
HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015
PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE
ADDlNG
SWORN STATEMENT
PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2)

INTRODUCTION PAGE 1& 2
SWORN STATEMENT PAGE 3

CERTIFICATE OF SERVICE PAGE 4

RE©EWEI GB\§

©©URT OF GRHVI|NAL APPEALS
.]UN 1 '7 2015

A@@“A©@Si@,©n@vk

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRI'I` NO. WR-78,165-02

SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF
HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015
PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE
ADDING
SWORN STATEMENT
PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2)

COVER SHEET

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02

PETITIO¥>NER PRO SE
'>LILMA,.B.ARDLN

P.O. BOX§ 772

AUSTIN, TEXAS 78767
if£"-~M‘r'idl’i’ F‘F'
bardinnemna@yahoo.com

EX PAR'.I`]E FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAl
APPLICANT REALTOR DISTRICT ARANSAS COUNTY., TEXAS

VfS.

LANNA‘K. WHATFJ.X TRI.A.L»IUDGE

STATE CB}F TEXAS

DIREC'I`O)R OF TEXAS DEPT.

C"R!‘Ntl'l§lh‘i£ J’US’H’CE`"

SWORN STATEMENT

SUPPLEMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY WRITS OF
HABEAS CORPUS FILED 5/19/2015 AND 6/2/2015
PROCEEDINGS IN WR-78,-l65-02 CHADRICK B. PATE
-ADDING
SWORN STATEMENT
PURSUANT TO APPELLATE RULES 52.7 (a)(l) and (2)

TO THE H() NORABLE JUDGE OF SAID COURT:

Now Comes, Petitioner Nema Bardin pro se on behalf of Agplicant Chadrick B. Pate and respectfully
submits this 'S\upplement to the previously filed Original and Amended Emergency Writs of Habeas

Corpus flling;s; in WR-78,165-02 Chadrick B. Pate, filed on 5/19/2015 and 6/2/2015.

I'he Sugr_)lem.¢e'nt is brought to add this SWORN STATEMENT pursuant to AQQellate Rules Rule 52.7
(a) Filing by lRelator Required. Relator must file With the petition (l) a certified or sworn copy of

every docum\e:nt that is material to the relator's claim for relief and that was filed in any underlying
1.

proceeding: and (2) a properly authenticated transcript of any relevant testimony from any underlying
proceeding, including any exhibits offered in evidence, or a statement that no testimony was had. (b)
Supplementati¢on Permitted. After the record is iiled, relator or any party to the proceeding may tile

additional materials for inclusion in the record and (c)(2) Services of Record on All Parties.

Relator and amy _party who files materials for inclusion in the record must at the same time serve on

each party an index listing the materials filed and describing them in suHicient detail to identify them.

('
ba,d’n”‘ma€)/Qhoa afl

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02

PETITIONER PRO SE
NEMA BARDIN

P.O. BOX '772

AUSTIN, TEXAS 78767
512-487-01'97
bardinnem.a@yahoo.com

swoRN sTATEMENT
PURSUANT To APPELLATE RULES 52.7 (a)(i) and (2)

COUNTY of ']I`RAVIS
STATE OF TEXAS

I Nema Bar'din am the Petitioner in the above described proceedings and I swear upon penalty of
perjury that each and every document that has been filed as proof of the claims in these proceedings
whether they are letters, documents, exhibits affidavits or any other paper filed are either an original or
true copy of sulch papers, and that every transcript is authentic and each and every paper was obtained
from the trial c:ourt, The Appellate Record (through Pacer) or the fenner Defense and or former
l:laheas attorneys Ejns.

   

SWORN ANDl ATTESTED TO TO THIS l$TH DAY OF JUNE, 2015.

 

 

""“nn,,'., MARK LEHMAN L\TTRELL v

§". *" ,*§ Notar`y Public, State of Texas
‘.;;; _,i¢_:-` My Commlssion Expires
"';é°’"“. ` SEPTEMBER 20, 2017

--

 

 

 

,`,`i

CERTIFICATE OF SERVICE

SWORN STATEMENT

l do hereby cerrtify that a true original or copy of the above and foregoing SWORN STATEMENT that
is a “Supplem.ent To Previously filed Original Habeas Corpus Proceedings in WR-78,165-02
were mailed re gular mail with the proper postage affixed on 15th day of June 2015 to the following

parties,

Office of the Aransas County District Attomey
301 North Live Oak Street
Rockport, Texas 783 82

Jana K. Whately Trial Judge
P O Box 700
Sinton, Texas 78797

Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14th Street
5th Floor Price Daniel Bldg.

Austin, Texas 78701

512-463-9988

The Texas Court of Criminal Appeals Clerk
201 West 14th Street,
Austin Texas 78701

     

i P titioner

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SUPPLEBV[ENT TO ORIGINAL AND AMENDED EMERQENCY WRITS OF HABEAS
CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015

M__ASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,165-02

TABLE OF CONTENTS
TABLE OF CONTENTS
_CQ_\_’_EK_S_I_I_E_EI_

SUPPLEl\\/IENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS
CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015

_M__A;!iSTER INDEX OF ALL MATERIALS FILED IN CAUSE wB-78,165-02
EXPLANATION OF SUPPLEMENT PAGE 1

MASTER INDEX PAGE 2 &3

CERTIFICATE OF SERVICE PAGE

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SUPPLEI‘VIENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS
CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015
_M_ASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,165-02

_QQLE_B_S_H_LE_I

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02

PETITIONER PRO SE
NEMABA_RDIN

P.O. BOX 772

AUSTIN, TEXAS 78767
512-487-01 97
bardinnemia@yahoo.com

EX PART]E FROM CAUSE NO. A-08-5080-4CR
CHADRICFK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS

VS..

JANNA K`.. WI~IATELY TRIAL JUDGE

STATE OlF TEXAS

DIRECTOBR OF TEXAS DEPT.
CRIMINA\L JUSTICE

S___UPPLElS/IE__N________________________________________T TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY
HABS EAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE
adding MASTER INDEX

TO TI~IE~HONORABLE JUDGE OF SAID COURT:'

Now Comes, Petitioner Nema Bardin pro se on behalf of Applicant Chadrick B. Pate and respectfully
submits this supplement to the previously filed Original and Amended Emergency Habeas Corpus
filings in WR.-78,165-02 Chadrick B. Pate.

The supplement is brought to add a MASTER INDEX listing the materials filed and describing them in
suflicient detail to identify them as per Appellate Rule 52.7 (b) Supplementation Permitted. After the

record is filed, relator or any party to the proceeding may file additional materials f`or inclusion in the
record and (c)'(Z) Services of Record on All Parties. Relator and any party who files materials for
inclusion in the record must at the same time serve on each party an index listing the materials filed

and describing them in sufficie4nt detail to identify them.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SUPPLEBVIENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS
CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/201_5_

M_AASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78,l65-02

FILED 5/19/2 015
ORIGINAL W’RIT OF HABEAS CORPUS WITH LETTER and 24 EXHIBITS WITH COVER

SHEETS THAT DESCRIBE THE EXHIBTS

FILED 6/2/201'15
(1) AMENDED EMERGENCY WRIT OF HABEAS CORPUS WITH LETTER TO CLERK AND
COVER SHE]ETS OF EXHIBITS DESCRIB!NG THE EXHIBITS PREVIOUSLY FILED IN THE
5/19/2015 PR¢OCEEDINGS.

(2) EMERGENCY MOTION FOR RELIEF REQUEST FOR IMMEDIATE BAIL DECISION AND
IMMEDLATE. RELIEF PURSUANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT
FOR HABEA;S CORPUS WRIT.

FILED 6/9/20115
(1) EMERGENCY MOTION FOR “LEAVE TO FILE”

(2) SUPPLEMIENT TO PREVIOUSLY FILED ORIGINAL AND AMENDED WRITS OF
HABEAS CO'RPUS PROCEEDINGS FILED ON 5/19/2015 AND 6/2/2015 IN WR-78,l65-02

ADDING PA]lRTIES TO THE PROCEEDINGS

(3)SUPPLEM.'ENT A PROPERLY SIGNED AND DATED CERTIFICATE OF SERVICE IN
2.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

CERTIFICIATE OF SERVICE

[ do hereby certify that a true copy of the above and foregoing ;

SUPPLEl\»/IENT TO ORIGINAL AND AMENDED EMERGENCY WRITS OF HABEAS
CORPUS PREVIOUSLY FILED ON 5/19/2015 AND 6/2/2015
MASTER INDEX OF ALL MATERIALS FILED IN CAUSE WR-78 165-02

 

was mailed regular mail with the proper postage affixed on this 15th h day of June 2015 to the following
parties,

Ofiice of the Aransas County District Attorney
301 North Live Oak Street
Rockport, Texas 783 82

Jana K. Whately Trial Judge
P 0 Box 700
Sinton, Texas 78797

Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14th Street
5th Floor Price Daniel Bldg.

Austin, Texas 78701

512-463-9988
and
The Texas Criminal Court of Appeals
209 West 14th Street
ustin Texas 78701

W/ /Z¢%:<

MAB_AQQIN PETITIONER

~l.

 

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SUPPLEl.`/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY
HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE

TABLE OF CONTENTS
TABLE OF CONTENTS
COVER SHEET
SUPPLEl\¢/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY

WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE

adding additional CLAIM/GROUNDS for relief
Claims/Grounds for relief page 1&2
Facts Supporting Claims page 2-7
Conclusion page 7
Prayer page 8
Certificate of Service page 9
List of Exhibits Supplement Cover Sheet
List of Exhibits Supplement

Exhibits # 25 & 26 with cover sheets

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SUPPLEIMENT TO PREVIOUSLY FILED ORIGINAL and AMENDED ElV[ERGENCY
WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE

adding additional CLAIM/GROUNDS for relief

COVER SHEET

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BARDIN
P.O. BOX ’772
AUSTIN, TEXAS 78767

z 512-487-01 97
bardinnemla@yahoo.com

.EX RARTJE FRO.M CAUSE N(l.A -1).8-50.80-4(,"1!
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICAlNT REALTOR DISTRICT ARANSAS COUNTY, TEXAS

VS..
JANNA K.. WHATELY TRIAL JUDGE
STATE OlF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL JUSTICE
SUPPLEl\/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY
WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78,-165-02 CHADRICK B. PATE

adding additional CLAIM/GROUNDS for relief

Claim/ Grounds For Relief # 5 of 4 previously filed claims
A. The Trial Court Judge violated Applicant's Due Process Rights and committed Fraud on the Court

by the Court when she did not Acquit Applicant once the Jury found him Guilty of Murder, as alleged

in the Indictrnent.
B. State Prose'cutors and Defense Attomey's violated Applicant's Due Process
rights and committed fraud on the court by the court when they did not move to Acquit the Applicant
on the finding of Guilt by the Jury as alleged in the Indictment.
C. The Tri?_al Court Judge violated Applicant's due process rights, committed fraud on the court

l.

by the court, and tampered with govemment/state document/record when she entered one or more
false statements into the Jury Charge instructions .
D. State Prose<cutors violated Applicant's due process, committed fraud on the court by the court, and
tampered withl government/court records when they repeatedly made false statements and /lied to the

jurors about the contents of the Indictment.

FA.CTS SUPPQR.TI.NG CLALWGRQUNDS EQR. MEE # 5

THERE IS NO EVIDENCE THAT APPLICANT COMMITED THE CRIME OF MURDER
CHARG.E`DL ' '1" HE INDICTN{ENT FO‘R W’HI'CH THE JURYFOUND HIDI GUILTY

The trial court; record reveals that there was NO evidence showing that Applicant murdered the victim
alone with a firearm much less intentionally or knowingly
There is no evidence that Applicant murdered the victim again together with co defendant's.
lf in fact Appliicant murdered the victim alone, then he could not have then murdered him again
together with other co defendants
If Applicant miurdered the victim together with co defendant's then he could not have then murdered
the victim agaiin while alone.
Definition (alone) : Webster's Dictionary: without anyone or anything else..not involving or
including anyone.
Definition (almd) Webster's Dictionary: used to connect words of the same part of speech, clauses,
or sentences that are to be taken jointly...used to introduce an additional comment.
THE INDICTMENT
The Grand Jury and State charged Applicant with MURDER in Count One of the Indictment. See Ex #
2 The Indictm\ent.
The indictment reads: acting alone (_a_nd ) together did then and there intentionally or knowingly

cause the death of an individual, namely, Aaron Watson, b_y shooting the said Aaron Watson with
2.

a firearm;
THE VERDICT

l`he Jury found under Count One on the Verdict Form SEE Exhibit # 25 Verdict Form signed by
presiding juror Ronald Gore “ We the Jury, find the Defendant, Chadrick B. Pate Guilty of Murder as

alleged in the f'Indictment”.

Therefore The Jury found Applicant guilty of committing murder alone on or about January 4th 2008
when he intentionally or knowingly caused the death of Aaron Watson by shooting the said

Aaron Watson_ with a firearm.
The Jury also ifound Applicant guilty of committing murder together with other co defendants, under

the same condlitions that he committed murder alone.

Petitioner observes that it is impossible to murder someone twice.

Officer's of the Court continued their fraudulent scheme to illegally convict the Applicant of a crime he
b did not commit by producing and agreeing to a Jury Charge that was designed to allow the Jurors

to believe that they could and should find Applicant Guilty of Murder as charged in the Indictment by
making false statements in the Jury Charge instructions as to the Crime charged in the Indictment.
[n other words., when ofiicer's of the Court realized that the Indictment charged Applicant with Murder
by” acting alo:ne and together” (to which Applicant Plead Not Guilty) the Jury Charge then became
part of the scheme to illegally convict applicant, by misleading the Jurors to believe that the Indictment
charged that Applicant “acted alone or together. ( Petitioner observes that if she had been a juror
reading and or_~ hearing the charge read to her, she would have observed that the Applicant could not
first murder a victim alone, and then murder the same victim again together with other co

-defendant's thlus therein lies a “reasonable doubt”.

Indeed the lndlictment was read aloud in front of the Jurors when Prosecutor Cable read the charges in
the indictment to Applicant and the co defendant See Exhibit # 26 Reporters Record Volume 5 of 9
Chadrick B._lPate page 8 lines 7 & 8 showing: Prosecutor Cable read aloud from the indictment
that states “a(cting alone (g_n_d_ )together”
and then see p:age 11 where Prosecutor Rodriguez reminds the_iuly that Ms. Cable had_iust read the
indictment to them lines 13-18. Now see page 12 lines 8,9, and 15 State Prosecutor repeatedly tells the
jurors that the indictment that had just been read to them stated “alone( (_); )together” . Then see page
13 l.i. as 5 ,6 and 8, wher.e Rndri.<giaz falls fha jurors “ Wbrm.this indir.nnnnt.\ua.s read fn yo)i., it stated
that Michael larson
Urn:ib’rwuo\f, Ci‘rrr`st‘opt‘rer Hai‘i‘, Am‘r‘nnry' Lee‘ Ray; Ci‘rau‘rfcll' B. Pate and Kevr`rr Ray' Tarrtorr, “a\,°t‘r'rrg
alone g toget‘her”.
Petitioner contends that the Trial Court Judge drew the Jury Charge and misstated what the Indictment
stated with the: phrase “acted alone _(gl;) together” and the Prosecutor repeatedly stated that the
Indictment statted “ alone (gl_' ) together” in order to confuse the jury as to the charge actually made
in the lndictme:nt and that irreparable harm prejudice and injury to the Applicant occurred due to
the fraudulent scheming actions of the Trial Court Judge who drew the charge, Officer's of the Court
who pronounced over and over that the indictment stated what it did not, and the Defense Attomey's
by their silence all participated in the scheme to illegally convict the Applicant by lying to the jurors
and tampering with the government/court documents of the Indictment and the Jury Charge.
The fraudulent statements made by the trial court judge in the Jury Charge amounts to “tampering with
a government/court document The indictment is in fact a government/court document, and the Charge
of the Court is: a government Court document and thus because the Trial Court Judge made a false
statement as tro the Charge in the Indictment, and the Prosecutor made false statements as to
charge in the Indictment ,then tampering with a government/court record is shown, and especially in

light of the other government/court records that the Trial Court and it's ofiicer's tampered with ie”

(a). submitting a fraudulent Severance Order to The 13‘][l Court of Appeals Corpus Christi, Texas
4.

(b). submitting to The 13“‘ Court of Appeals Corpus Christi, Texas a fraudulent Master lndex in the
co-defendant'S Cause # A-08-5080-2Cr by identifying only ll volumes of Court Reporters Records
and failing to submit or list the 12th Volume in Court Reporter’s Record dated 2/5/2015 Volume 5A of
11 Pre trial hearing S-08-5080-2 (this volume transcript shows that the Court committed fraud when

they made it appear that Applicant was apart of the proceeding when he was not present See
Exhibits # 141 Reporter's Record Volume 5A of ll and Exhibit # 15 Master Index Christopher Hall
Court Report<er's Record Volume l-ll.

(c) Making fraudulent entries onto the Applicant's Criminal Docket Sheet, making it appear that
proceedings had been held in the Applicants Cause after he was granted a oral order on his Motion for
Severance . See Exhibit 4 Criminal Docket Sheet and all entries made after 10/23/2015.

There are many more instances of tampering With government documents by the trial court and it's

officers, and they are all contained in the previously filed Original and Amended Emergency Writs of

Habeas Corpu.s in WR-78,-165-02.

The Jury Charge
CHARGE OF THE COURT

The jury was cl_harged: “The defendant, Chadrick B. Pate , stands charged by Indictment with the
offenses of Cc)unts 1 Murder, alleged to have been committed on or about January 4, 2008 in
Aransas County Texas” ..... and then under COUNT l pages 2 and 3 under #4 “Now if you find
from the evidence beyond a reasonable doubt that on or about January 4, 2008, in Aransas
County, Texas‘., the defendant, Chadrick B. Pate acting “alone (gr_'_)_together
(the indictment does not charge “alone( g_l_' ) together” the indictment charges “alone (a__nd ) together”.)
Definition of “‘or” Webster's Dictionary: the word or is used to link Alternatives
Definition of “and” Webster's Dictionary: the word “and: used to connect words of the same part of

speech, clauses, or sentences that are to be taken jointly used to introduce an additional comment
` 5.

The Jury found‘Applicant Guilty of Murder as Alleged in the INDICTMENT. The Trial Court
Judge stated v'erbatium in the Charge See Exhibit # 3 Jury Charge page 1

. CHARGE OF THE COURT
MEM.BERS O'.E` THE .UlRX'.

The defendamt, CHADRICK B. PATE stands charged by indictment with the offenses of COUNTS 1
MURDER, alleged to have been committed on or about January 4, 2008, in Aransas County, Texas.
The defendant is also alleged to have committed the offense of Aggravated Assault in Count 2 while
ENGAGING llN ORGANIZED CRIMINAL ACTIVITY. The defendant has pleaded not guilty to each
offense you zare instructed that the law applicable to this case is as follows:

See Exhibit # 3 Jury Charge/Charge of the Court
The instructions to the jury on the law applicable to the case is listed on a total of ll pages.
l'he instruction to the jury on the law applicable to Count l murder is contained in pages 1,2, and 3
Now see on paige 2 under instruction 4. “ Now if you find from the evidence beyond a reasonable
doubt that on cor about January 4, 2008 in Aransas County, Texas, the defendant CHADRICK B.
now see continued on page 3

PATE , acting alone(`g_l_'ltog_ether” with Michael Jason Underwood, Christopher Joseph Hall,_
Anthony Lee Ray, and Kevin Ray Tanton, did then and there intentionally or knowingly, cause the
. death of an inxdividual, namely, Aaron Watson by shooting the said Aaron Watson with a firearm, then
you Will find~tthe defendant guilty of Murder.

Either way, the jury did not find Applicant guilty because he “acted alone Q_r_ together”, they found
him guilty whdle “acting alone Bc_l together” which is what the Indictment charged and what the
Verdict Form shows that the jury found him guilty of See Exhibit # 25 Verdict Form . Specifically

the Verdict fo)rm states:

“ Count 1”
We the Jury', find the Defendant, Chadrick B. Pate, Guilty of Murder, as alleged in the
indictment Signed by presiding Juror Ronald H. Gore.
Again, there is no evidence absolutely none that the trial court record reveals that Applicant
murdered Aar<on Watson “ alone gill together” with others and shot Aaron Watson with a firearm.
The evidence iin the trial court record shows that Applicant was not even at the scene when the co
-defendant mwrdered Aaron Watson, which is a element of being a party to the crime.

CIPRIANO RLAMON ALMANZA, JR, V. THE STATE OF TEXAS 686 S.W. 2D 157 (1984_).
by Judge 'I`eague.

The Fort Wortlh Court of Appeals stated the folln\azing in Almanza.vw State 645 S~W~ 2D 885 (\Tex.. Anpr-
Ft. Worth 19835: Although many recent opinions have off`-handedly dismissed the changing of “and” in
the indictment to “or” in the court's charge such approach is dangerous and usually fatal in matters
where aggravation or jurisdiction is involved. In the instant cause of aggravated rape the indictment
joined the allegation of threats of death to the standard form allegation of rape by the word and. In the
court's charge, (however), the aggravation feature was disj oined from rape by the word or. Such
constitutes fundamental error. Messenger v. State. 638 S.W. 2D 883 (Tex. Cr. App. 1982).
CONCLUSION
The Trial ~`Couirt and it's of`ficer's set into play a scheme to convict the Applicant of a Crime that he did
not commit, and as a part of many parts of that scheme , these officer's lied about the Charge stated in
the indictment and even documented and changed the words of “AND” and “Or” to “deceive” the
jurors
Each and .ever‘_y part of the Scheme was designed and calculated to injure the rights of Applicant and
because the sclheme was made of many parts, it should be apparent from the trial court record that
Applicant did not receive a fair and impartial trial.

7.

NOTE TO COURT: Any Exhibits mentioned and not attached to this document were previously filed
in the Original Writs of Habeas Corpus filed on 5/19/2015 and 6/2/2015.

PRAYER

(TI-IIS PRAY.ER INCORPORATES THE PRAYER OF THE PREVIOUSLY FILED ORIGINAL
AND AMENIDED EMERGENCY WRITS OF HABEAS CORPUS FILED RESPECTIBELY ON
5/19/2015 AND 6/2/2015)

Wherefor'e Petitioner Prays that the Court grant Chadrick B. Pate relief from which he is
entitled in thes;es proceeding, that includes an Immediate Emergency Decision, an Order for his
lmmediate Rellease from Incarceration, Order Vacating and Dismissing the Void Judgment,
Sentence, and ¢Conviction, an Order Removing/Expunging the Conviction from all Judicial and
Govemment R_ecords, And an Order that Sanctions the Trial Court and it's Ofiicers of the Court
for the F.r.aud and due process zdala.tinr.cs .` inflicted J,llr\nn.Alt}nlir.ar.tt Chadrick .B P.a.te.. And any
other relief thalt is available to him. ‘

awarst
a yz¢é,'»\/ l
f Mf"°“
.o. 01~713\
going 718 792(’7

511 421 ‘>‘q 7 C
barcli"fw'"“'@)wda‘ am

CERTIFICATE OF SERVICE

l do hereby certify that a true copy of the above and foregoing

SUPP,-LEl\t/IENT TO PREVIOUSLY FILED ORIGINAL and AMENDED EMERGENCY
WRITS OF HABEAS CORPUS PROCEEDINGS IN WR-78 -165-02 CHADRICK B. PATE

 

adding additional CLAIM/GROUNDS for relief
was mailed regular mail with the proper postage afiixed on this 15th h day of June 2015 to the following
parties,

Office of the Aransas County District Attomey
301 North Live Oak Street
Rockport, Texas 783 82

J ana K. Whately Trial Judge
P O Box 700
Sinton, Texas 78797

Texas Departrnent of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14th Street
5th Floor Price Daniel Bldg.

Austin, Texas 78701

512-463-9988

and
The Texas Criminal Court of Appeals

209 West 14th Street
Austin Texas 78701

BARDIN PETITIONER

 

9.

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

'S'.UPPLEMENT TO PREVIOUSLY FILED AMENDED EXHIBIT LIST
adding Exhibits # 25 and #26 to previously filed exhibits 1-24

EXHIBIT LIST
Cover Sheet

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

SLUPPLEMENT TO PREVIOUSLY FILED AMENDED EXHIBIT LIST
adding Exhibits # 25 and #26 to previously filed exhibits 1-24

Exhibit # 25 Werdict Form

Exhibit # 26 Rteports Record Volume 5 -9

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

COVER SHEET EXHIBIT # 26

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

COVER SHEET EXHIBIT # 25

Charge Jury p.` 13

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‘C`ause`!i‘lo. A-‘Uis-'J‘ifb“i>-"Z-‘C,’R
IHE~SI.!BIEQF IE.XAS § IN THEDISTRICT COURT OF
§ ARANSAS COUNTY, TEXAS

CHADRICK B. PATE § 36TH JUDICIAL DISTRICT

VERDI FORMS
QM@§IH,
the Jurv, find the Defendant, CHADRICK B. PATE, GUILTY of

MURDEW"lR, as alleged' m the indictment

 

PRESIDING JUROR
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W'ez, the Jury, find the Defendant, CHADRICK B. PATE, NOT GUILTY of
MURDER.

 

PRESIDrNG IURoR

If jyou find the Defendant not guilty of Murder as alleged in Count One,
then proceed to Count 'I`wo._

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THE STATE OF TEXAS
VS.
CHADR|CK B PATE

 

1 R E P,O R T E R ' S R‘E C O R D

2
VOLUME \f;/ OF §l VOLUMES

 

 

3
4 Trial Court Cause Number A-08-5080-4-CR
5 .
THE sTATE oF TEXAS` * rN THE DISTRICT coURT oF
6 *
vs. * ARANSAS coUNTY, TEXAS
7 - *
CHADRICK B. PATE * 36TH JUDICIAL DISTRTCT
8
9 ` JURY TRIAL
Guilt/Inhocence
10 ` ____________________________________________
A P P E A R A N C E S
11 7 __________
COUNSEL FOR THE STATE:
12 MR. MARCELINO RODRIGUEZ
ar n MS. RETHA CABLE
f 13 ASSISTANT DISTRICT ATTORNEY
” _ 36th Judicial District
14 San Patricio County Courthouse
P. O. Box 1393
15 Sinton, Texas 78387
Tel: 361-364-6220
16 Fax: 361-364-4978
SBN: 24046959
17 400785741

18 COUNSEL FOR THE DEF£NDANT:
MR. JOHN S. GILMORE

19 ATTORNEY AT LAW
P. O. BOX 276
20 622 South Tancahua

Corpus Christi, Texas 78403 <::;Q::>C::N§?7
21 Tel: 361~882~4378 ' -
Fax: 361-882-3635
22 SBN: 07958500

23 On the 9th day of February, 2009, the following
proceedings came On for trial in the above-entitled and
24 numbered cause in Said Court, HONORABLE JANNA K. WHATLEY,
Judge Presiding, held in Rockport, Aransas County, Tean:
25 Proceedings were reported by machine Shorthand.

 

 

 

 

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1 court reporter to read back a record.

2 not like television.

3 All right.

4 instructions?

5 MS. CABLE:
6 THE COURT:
7 All right.

8 de£endantswsepan&wely?
9 what do y"ail think?

10 MS.

CABLE:

Anything else, guys?

No, Your Honor1
All right. Very good.

AreWMeMgQLMBH

 

ls that how you want to

You want me to read it

11 just read it once and have them enter their ~-

12 THE COURT:

Y'all have any objection to just

13 reading it once and led the individual pleas --

14 MR. GILMORE:

15 that, Judge --

Other

nytttua

do it or

You want to do it together?

t,‘\l L’C,% ’{`JI

I don't have any objection to

16 THE COURT: They are identical indictments;
17 is that correct?

18 MR. GILMORE: They are

19 MR. TURPIN; No objectiem

20 THE COURT: All right. Gentlemen, if y'all

21 will please stand

22 out loud.

23 (Defendants complied.)

24 MS.

25 of the state of
l_

while the State reads the charges to you

CABLE: In the name and by the authorit

Texas, Count One, comes now the grand

It's not -- again,‘

l

 

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day of January A.D. 2008, anterior to the

jurors for the county of Aransas, State aforesaid, duly
selected, organized, impaneled and sworn as such at the
April term, A.D. QDD£r of the 36¢& dudicial District Court
in and for said county, a quorum thereof being present,
upon their oaths present in and to said Court that Michael
Jason Underwood, Christqpher Jbseph Hall, Anthony Lee Ray,
Chadrick B. Pate and Kevin Ray Tanton, adu@m@aa£oneaand
Q::::::::U .»j
on or about the 4th day of January A.D. 2008 an
to the presentment of this indictment, in the
county and state aforesaid did, then and there,
intentionally or knowingly cause the death of an
ibrijvjdyej ~~ namefy/ Aaron Watson -- by shooting the sai
Aaron Watson with a firearm.

`Count Two; and the grand jurors aforesaid
upon their aatns aforesaid do further present in and to
said Court that Michael Jason Underwood, Christopher
Joseph Hall, Anthony Lee Ray, Chadrick B. Pate and Kevin
kay lawton, acting alone and together, on or about the 4th

resentment of

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this indictment, in the county and state aforesaid did,
them‘and’there, intentionally, knowingly, or recklessly
cause serious bodily injury to Aaron Watson by shooting
the said Aaron Watson with a handgun, the same being a
firearm.

And the defendants did, then and there,

, .-~."

 

1 commit said offense with the intent to establish,

2 maintain, or participate in a combination or in the

3 profits of`a combination who collaborated in carrying on

4 said criminal activity.

Against the peace and dignity of the State,

6 signed by the foreman of the grand jurya

THE COURT: All right. Mr. Hall¢ how dd von

`

8 plead to the allegations contained in Count One of the-

9 State's indictment?

10

11

12

13

14

DEFENDANT HALL: Not quilty.

THE COURT: And as to Count Two?
DEFENDANT HALL: Not guilty, also.
THE COURT: Thank ydu_

Mr. Pate, how do you plead as to the

15 allegations contained in Count One of the State's

16_indictment?
17
18
19
20
2d

22|gotng tn a

DEFENDANT PATE: d£'m not guil;g.

m@m¢,w;,er:,wawamiss/wa..m'§Mus;';/m€$vf

THE COuRT: And Count Two.

DEEENBAMT ELHE: l'm not gui§§y.

raw k

 

THE COURT: All right. Thank you.

And, ladies and gentlemen, the reason I'm l

certain order, l'nlgoing to go in the order

23 that the State has named the defendants in the indictment.

24 Mr. Hall's name was named first and Mr. Pate's name was

25Ljamed second. There"s no method to my madness. I've got-

 

 

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1 thing that guy did a minute ago." We don't do that.

2 Neither party may do that during the case. And the

3 lawyers -- the witnesses can't talk to anybody but the

4 lawyers involved in the case. And so that's what that was
5 just now.

6 All right. Mr. Rodriguez; State wish to

7 make an openinq?

 

8 MR. RODRIGUEZ: Yes, Your Honor.
9' THE COURT: All right.
10 MB" RDDRIGHEZ; May.tt please the CQ
11 Coumsel.
12 BY.MR. RODRIGUEZ:
and ge').*:.liem\e'n.. Mia. Ca‘:> e just

 
 
  
 

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that indictment serves a good

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Mtells you about the elements of

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it also lets you know
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17 exactly wha

king W%:__‘ {;,_W mm zu..w,;-»tg¢,

   

what the
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18 are goipngwwbewaa

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1 Now, at this point in time, l"m going to talk to you a
20 little bit about some of the witnesses you're going to be
21 hearing from over the next couple of days. And to

22 understand, we‘re going to try to get through this case as
23 quickly as possible, but you have to understand it is a

24 serious case so we're going to take the time that's

25 necessary.

 

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Now, we're going to begin basically by telling you a
little bit about what happened the night of January
the 4th, 2008. We're going to tell you that on or about
that time, the address, 909 North Tenth Street in Fultonl
Texas, Aransas County -~ remember, we're talking about the
'elements -- on or about January 4th, 2008, in Aransas

Comnty. The allegations we
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have here is that the
defendants, §Q;ing alone or togeth

    

s
co~defendants -~aacting alone or together§

there, intentionally and knowingly cause the death et an
individual, Aaron Watson, by shooting the said Aaron
Watson with a firearm./

And, again% in Count Two we're alleging Lhe law of

gparties; that on or about January 4th, 2008, in Aransas

   

County, Texas, the defendants :cting alone or together

    

didl then and_thete, tutenttenally,
recklessly cause serious bodily injury to Aaron Watson by
shooting the said Aaron Watson with a handgun.

And it is further meted when we talked about this
particular indictment that was read to you and the
defendants did, then and there, cdmmit said offense with

the intent to establish,;maintain, participate in a

combination or the profits of a combination collaborated’

24 and carried out said criminal activity. Basically

ZBLENat they conspired with each other to commit this

 

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13
1 particular offense.
2 Now, there's going to be some interesting things going
3 on in this particular case, some of the things you must
4 consider. First off, you're going to be hearing from
E,5 other co-defendants. When thi§_indiitmept was read to

--`"

c76 you, it stated that Mjchael Jason Underwood, Christopher
K“l

7 Joseph Hall, Anthony Lee Ray, Chadrick B. Pate and Kevin
C?B Ray Tanton, agglng_ii£££_££`£ggeth§r. SO there were other
9 people here that are not before you. And they're going to
10 testify in this particular case and they're going to tell
11 you that there was a deal made for them to testify.
12 Let's talk a little bit about this case as far as what
13 happened that night at 909 North Tenth Street in Eulten.
14 You're going to be hearing from the witnesses that around
Jo'QFJO in the morning on January the 4th, 2008, that there
16 was a disturbance going on at that residencet There's
17 going to be a lady by the name of Yvette Garcia's going to
18 testify that she heard some noises like a fight going on
19 next door. She's going to tell you that she turned on her
20 lights, looked out to see what was going on. She's going
21 to Say that she saw two little girls come onto her

22 property.

 

23 Two girls are going to be identified as Jessica Watson
24 and Meghan Watson. And they're going to sit here and

25 they're going to testify as well. One”s ll and one is 134
|_

 

