§|.%5-0¢/

Abel Acosta, Clerk
P.O. Box 12308
Capitol Station
Austin, Texas 78711

To Abel Acosta, Clerk:

Please enclosed find_the following documents to be filed in this

Court of Criminal Appeals of Texas, Cause No. ll,707B.

‘These documents shall be executed upon this court's discretion to

determine the next course of action. This will be at your earli~

est convenience and as time permitted for as the docket calls.

The following documents are:

(l)~Applicant's Reply and Rebuttal to the Trial Court's denial of
relief sought in the 115th Judicial District Court of Upshur
County, Texas_total of seventeen (17) pages; `

(l)- -Applicant' s Request for Judicial Notice- total of one (l) page;

(l)- Motion for Writ of Habeas Corpus Ad Testificandum~ total of
one (l) page;

(l) Copy of (R. R. Vol. 5 of 8, pg. 69)-total of one (l) page;

(l)-Copy of (R.R. Vol. 5 of 8, pg. 82)-total of one (l) page.

Applicant's Reply to the Trial Court's denial presented to the

court shall be executed by the clerk, applicant's Request for

Judicial Notice, Motion for writ of habeas corpus ad testifican-

dum, copies of (R. R. Vol. 5 of 8, pgs. 69-82) presented to the\

court shall be executed by the Clerk. _

Applicant, Billy G. Colvin,~ thanks you for your time in this

matter before the court.

Executed on thisj,¢'k. day ofDE£mé[u/E ,> 2015.
Respectfully Submitted

REcElvEDlN B/{‘Zé”/W &`£‘W y

couRT oF cRNlNAL APPEALS §§<l;§y 13 ` # §§<1)§§9

L.C. Powledge Unit
‘ 1400 FM 3452
DEC 28 2015 ~ Palestine, Texas 75803

;\i

Abel Acosta, C|erk

 

IN THE COURT OF CRIMINAL APPEALS
OF TEXAS

_Ex PARTE
BILLY G. coLVIN ‘ No. wR-51,885-04

APPLICANT , TR. CT. NO. ll/707B

 

MOTION FOR
WRIT OF HABEAS CORPUS AD TESTIFICANDUM

TO THE HONORABLE JUDGES OF THIS COURT:

Comes now, Billy G. Colvin, Applicant in the above styled and
numbered causey, pursuant to Art. ll.3l of the Code of Criminal
Procedure and brings this Motion for Writ of Habeas Corpus Ad
Testificandum.

"The person on whom the writ is served shall bring before the
judge the person in his custody, or-under his restraint," ll,
31 Code of Criminal Procedure of Texas.

Applicant is currently at the L.C. Powledge Unit in Pales-
tine, Texas 75803, under the custody of the Texas Department of
'Criminal Justice in Anderson County. Applicant's TDCJ-ID number
is #760687.

Applicant moves this Court to order a warrant from the ll§th
District Court bench, ordering the Sheriff of Upshur County to
transport applicant to the court issuing the warrant to partici-
lpate in any hearing, bench trials, or conference involving
applicant's case, witnesses, evidence and give live testimony.

Applicant respectfully prays this Honorable Court will grant
his Motion for Writ of Habeas Corpus Ad Testificandum in all

things.

Executed on thislg day of£ Zéiézyé££' , 2015.

Respectfully Submitted

NMW

Billy . Colvin
TDcJ-ID #160687
Applicant Pro Se

    

____ FAGB 69 SHEET 18

 

\_
1 the bedroom except for you and the defendant?
2 A. No.

3 Q. was the door closed?
4 A. It was opan. but a couple of minutes
5 later he shut it.
8 d. Ialking about the defendant shut it: le
7 that right?

8 A. Yes. sir.

9 Q. Tell the Jury what happened next.

lu A. And then I got -- I put on -- I got into
11 bed and I had my shirt. ny Hlnd-Your-an-Business
____12__._sh\rt,_lt:e_l|ke_a_wheel_of_Eontune_shint_and it's

 

,__. may 71

 

13 not a paJame. And then I laid there for a couple
14 of ninutes, and then he got undressed-and then he
15 laid down end then sexually molested me. y

16 Q. when you say “ha,” you are talking about

25 take your clothes off?

23 indeed the defendant have sexual intercourse with

17 the defendant. is that correct?
18 A. Yes. sir.
19 Q. Did he take your clothes off or did you

21 'A. I took ny clothes of . _
22 0. On hat particular occasion. Andrea, did

1 as leading.

2 HR. CDNE: Your Honor, this is a

3 chlld.

4 THE COURT: I’m going to overrule

5 it.

6 HR. BRANNON: Your Honor. I'n still

7 going to oblect. It’s still leadins. It goes

8 right to the element of the offense. _

s me wmass= 1 aon't understand
10 THE COURT: It’s not your problem.
11 I m going to ask her one more time before I let
19 hin_ ask_ a_ leading question ________ _______
13 _ HR. BRANNON: Your Honor. I would
14 ask it be done outside the presence of the iury so
15 that nothing accidentally that’ s inadmissible gets
16 out to the Jury
17 -Imz counr= wen, rn going to'asi<
18 lt specific enough that it won’t.

19 Hiss Hartin. the question is, you've
2d been asked what sexual intercourse means and you
21 said that's when people have eex. I’n not asking

v 22 you about any particular_incldent or anything of
9 23 that nature. but what Mr, Cone is asking is when

 

 

 

 

25 HR. BRANNDN: I’m going to object

 

 

   
 
 
 

 

 

24 you? _ 24 you say when people have sex -- and 1 know this is
25 A. Yes. sir. 4 z 25 hard to talk about. okay -- but does that mean
i
___ mae 71 ,_ mae 72 __:£z__?(;_ ]gi£w,J/IN ,4¢,§ m,_.._`..______._=
_:.r/?f) V’
1 Q. Do you know what that ls? physically? what does that mean to you? Can you
2 A. Yes, sir. explain to the Jwry what your understanding of
3 Q. Iell the Jury what your understanding of l that is? , d 7
4 that is. 4 , me wmass- It'a where hester
5 A. It’s -- well. I could tell you what 5 his penis into ny vagina and then ~~, 5‘
8 molest means. ` 8 IHE CDURI: Okay.
7 n. Okey. § 7 Q. iBy Mr. conei uid that happen on Anril
B A. Molest means that you -- B the Bth of 1936? _ l
9 HR. BRANNUN: I'm going to oblect. 9 A. Yes.
1b Your Honor. Ihat's nonresponsive to the question. 10 ~ Q. was that ~- where did it happen`ln that
11 THE COURT: :Hell, Andrsa, you need 11 particular house?
12 to answer the question that Mr. Cone asked you was 12 A. It happened in his bedroom.
13 if you understand what sexual intercourse means. 13 Q. In the bedroom you’ve already testified
14 - THE HITNESS: Yes. 14 to this lury about; is that correct? '
15 THE COURT: And do you know what 15 A. Yes.
16 that means? 16 Q. Andrea. was there an occasion on that
17 THE WIINESS: Yes. 17 evening where there was any sort of camera brought
18 IHE COURI: Could you explain what- 18 out?
19 that means to you? ' 19 A. Yes, sir.
2d tHE HITNESS: It’s where you have 20 Q. Explain to the Jury what happened.
21 sex with a person. 21 A. He got the camera out from under his bed
22 Q. iBy Hr. Conei Uo you understand that to 22 and then he sat it up, it was a camcorder. and he.
23 be where a man takes his sexual organ and places 23» put lt on the tripod. And then he told me that he
24 it -- 24 loved me and everything. And then he told me to

25 get oyer on my side to where I was facing him and

    
  

   

       

 

 

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__PAGHBS

 

 

 

 

 

 

 

 

._.. PABE 81 SHEET 21
1 there? 1 lt if you don’t mind. iir. Englieh.
2 . Beceusa I wanted to see him. 2 Q. Now, I believe you've got in your hand
3 //Q. You wanted to see Billy? 3 the letters that apparently your etepmother found
4' n. Yes. sir. 4 in the trash can in uenrietta; is that correct?
5»/ 8. fhat'e what these letters were about, 5 A. Vee, sir.
{6 weren't they? 6 ¢l. One of them is marked 8-3. and of course
. 7 A. Yes. sir. _ - 7 mine is a photocopy. but does it kind of look like
_i{ 8 g. You wanted to see him, didn't you?.` iiow 8 that and end with a second page with a heart on
l 8 long had lt been since you had seen--him from April 8 the end of lt. ia that 3-3?
18 the 6th beck? lied it been a year? 18 A. Yes. §
11 4 A. rn not aure. 11 e. is n a wo-pase? `
12 o._well._maybe_you_l_ust_a_ay_hi_n.__I__don;t 12 A. Yeah.
13 mean anything, have any contact with him. but saw 13 8 l|o. 8-3 la -- lust a minute.
14 him to say hello at around a Christma¢ perty. 14 BAD.IPF: It'a on the back aide.
15 family Christmas party before Easter. would that 15 g. ukay. It'e on the back aide. It’e part
18 be the last time? 18 on the beck aide. Now, I want you to look at the
17 A. I think so. 17 front and back of that real carefully for me.
18 g. But before that you had been living in .18 Even where you signed mario Andretta underneath
18 Henrletta for, what. two or three years? 18 your name Andrea. is all of this in your
2a A. Yes. sir. ` 2a nanauriting?
21 ¢.l.k 60 you had not seen him the way that you 21 A. Yes. sir.
22 are saying that you sav him on Easter then during 22 8. `Evei‘y bit of it?
23 that period of tine. had you? 23 l\. Yes. sir.
24 A. Yes. alr. 24 8. On the front page too?
25 ti. Is that right? 25 A. Yes. sir.
_ PAGE 82 __ PAGE 84
1 A. Uh-huh. 1 w. lan't lt also true that nowhere in these
2 ti. So anything that happened happened three 2 letters does it say that you want him to stop
3 and a half years ago from now or about three years 3 seeing you? Basically you want to see him. don't
4 ago or so from April the Sth, la that right, 4 you?
5 except what happened as you lust testified on 5 A. Yes. a|r. _
_ 8 Aprll Sth? 6 w. liell. let'e go on and look at the next
\ 7 A. Yes. eir. 7 one. I believe it'a a sort of a half-page letter.
\ 8 w. lie didn't threaten to hurt you or 4 8 I.s that 3-4?
anything like thet, did he? 9 A. Yes.
18 A. Yes. elr -- I mean no. eir. 18 w. Does lt have anything on the back?
11 \’g’ And you wanted to see him? 11 would you hold lt up for me where I can see it?
12 A. Yes. sir. 12 It doesn't have anything on' the back then. right?
13 ti. And_y_ou\@_t_ed t¢_>___bg_w_l`t_il illn_. _d`l'drlt_ 13 A. It'e got --
14 you_§ 14 ¢i. Just some scribble down at the bottom?
15 A. _¥;¢§_._ §i£. 15 A. Yeah.
16 w. Y'ell didn't have any kind of fight or 16 0. Does this acribbling mean anything at
17 anything like that in the bedroom. did you? 17 the bottom of the back page on 5-4?
1a A. wo, sir. 4 1a A. wo. sir. ’
19 Ci. You weren't afrald. were you? 19 g. Look then at the front part of 8~4 which
28 A. No. 28 is about a half a page letter. says to Dear Billy
21 lill. BRANRIJilx If I may approach the 21 and it ends with bye. B-Y~E. Andrea and there'a
22 witnees, Your iionor. lust quickly to hand her 22 some notes sort of in the lower left'hend. corner
23 those exhiblta. 23 part. Now is all of that. every bit of that in
24 rim comm zvou nmi. 24 your nancvriting?
25 iiR. BRNDiuth dr the bailiff can do 25 A. Yes. sir.

 

 

 

