105 .5§§

Dr.Adexbvlwuxhhde,Jr.
Paralegal Specialist
Mark W. Stiles
3060 FM 3514
Beaumont, Texas
77705~7638

RECHVED|N
COURT OF CR|M|NAL APPEALS
November 25th, 2015 -
The Honorable Abel Acosta, . `
mark _ DEC 03 2015
Texas Court of Criminal Appeals
P.O. Box 12308
Capitol Station
Austin, Texas 78711~2308 Abe| Acosta, C|erk

Ref.: Cause NO.: 65,555-20; ln Re: ALEX MELVIN WADE, JR.,
Applicant's Proposed Findings of-Fact, Conclusions of law & Order

lb The Honorable Justices of said Court:

Enclosed herewith a pleading entitled in the above captioned*herein that
is to be attached to the recent pleading "Strenuously objecting to the State's
Original Answer"filed in.the Office_of Chris Daniel§ Clerk, Harris County, 4
_ Texas District Court on November Sth, 2015. That filing did not produce a
copy of the State's Proposed Findings of fact, conclusions of law and Order.
That pleading was received at the location of the housing of Applicant on
November 24th3 2015 some 19 days after its filing and some 10 days after
signing by Judge Susan Brownj Presiding in the 185th District Court Harris
County, Texas. , -s

Applicant is of the opinion, he has 10 days from the date of receipt(notice)

of the Order entered transmitting the habeas record to this Court pursuant

to Rule 73.3, Texas Rules of Appellate Procedure. Nevertheless, the Applicant
objected to the State's Original Answer filed on November Sth, 2015 transmitted
with the State's Proposed Finding of fact, conclusions of law and Order dated
November'lOth, 2015. Applicant explained to this Court, he was in fear of

the action that would be taken by the Office of Devon Anderson, District Attorney
done by 4Farnaz Faiaz,.Assistant District Attorney, to cause the habeas corpus
record manipulated to make it appear Applicant has not filed various pleadings
that is part of the record. The Office of Devon Anderson,_District Attorney
_attempt to make it appear that that Office did not file State's Motion Re-
questing Designation of Issue and its proposed Order dated March 12th, 2014

_ some 19 months ago. .

‘ This Court commanded to Office of Chris Daniel, Clerk, Harris County, Texas ,
. Courts, with the habeas record, proof of the date of receipt by the State showing
180 days has not yet elasped, or stating that Relator has filed an application
for writ of habeas corpus in Harris County; The Office of Chris Daniel, has
not addressed the Order specific demand,_* k k which may be made by submitting
v the record on such habeas application, * k *. The Order of the 185th

pistrict Court, appears.to circumvent that Order thereby placing the Clerk in
contempt of court.

 

Applicant stress, he will be prejudiced by the Clerk's failure to produce

the complete habeas corpus record. .The Court can review the record that will
show this Applicant has deligently pursued the unresolved claims the State

` acknowledged intheir filing, which has been deleted from the record, State's
Motion Requesting Designation of Issue and of Applicant long list of filing
with evidence in support, that is newly discovered evidence and newly relevant
evidence that will support his claim of "actual innocence." ` 2

Nothing to hide, the 0ffice of Devon Anderson, Harris County, Texas District
Attorney should as it must, not that it win a case, it is that justice be done.

Therefore, Applicant request'the enclosed pleading entitled as in the.above
entitled caption herein be made a part of the strenuous objection filed by
this applicant, respectively.

Thank you very kindly for your attention in_the handling of this matter and
command the office of Chris Daniel, Clerk, Harris County, Texas prepare and
transmit the entire habeas record allowing this Applicant's due process of

    
 

/ .w-~./ .

law.
Please,hz/? theé§i:rk of this Court acknowledge receipt of this matter as in
‘ ~, . . ma ae\ '

  
   

Devon Anderson,
District Attorney

c/o Farnaz Faiaz,

Asst. Dist. Atty

1201 Franklin Street, 6th Fl.
Houston, Texas 77002

Dr. Alex Melvin wade Jr.
Paralegal Specialist
Mark W. Stiles
306@~1} FM 3514
Beaumont, Texas7
77705-7636

maher 25th, 2015

l§li'.e He.i’ardez, unty

c/o Chris Dani’el,

C]e:k

Hari'is Comty District Co.n:'ts
1201 Franklin Sti:tet, Ste 3rd F`l.
H'mton, 'Iexas 77£02

Ref.: Ceisel\b.: 1222385-D, EsParteilest~'el\/i'nbh‘e, Jr. hitI'1e185diDi'stJ.'ict(`ourt,

Harris Couity, Texas 77(1)2
ProposedF.iidi'rg of facts, cornlisions of lm€¥&da

DearMs.H=icraIdez:
B'closedhe:‘e/iith please find the original A.Lp]j§arlt' s Prtposed findings of fact, cai<~:lEBim
oflawarriOrder. Pleasehaveti'tisdxmeitnaikedfiledadlxesenttod'e&iaibec's

of.}lrge&san}?mm, Pre~idingforrx£signatiire<igredtpmdiesare

Pleasenake theJLdge know, this Appl'icant received theState' s Proposedfirr]ir)gs of fact,.
cai,]iisimofla/vardondervasreceivedlyapplicantattheadiressdisplaveddiereindieoerti-
_cateofsetvi'ce mbhverber%ih,ZO]§smel?daysafterfi]jngarrlbenda)saftersiged
.bythiscourt. H'Mever, Ag)]_i'cantreceiptofthe€tderofl\b_)enter%th, Z)]§d>mtbegin
theti‘.rrelyreplytothesarewithintendaysof transrrittaloftherecordtotie€airtof

O:'i'irriral AHJeal, therefore, A];p}_i`i:ant is timely in its filing.

IflxigeBinmd)iot sign deOrder., pleasefomaidto &eCo'_irtoprpeals_s)tl'iesarecanbe
attaifed"§to the habeas corpus recordpresented to the Cart of Cri_nn’nal Ai:p@ls to make its
deteuniraticn on the narrkirus tlat is before that court held in abeyaroe .-,"pui_-iiiig, the respmse
oomardsd tierei'n, §:'ow that the State's time of 180 shys has mt elasped frr.m the date

of notice of the fi]jig of the habeas co):sz, or statirg'. tzth Re]atoi: has 'not filed an
a;pli‘cati'm for writ of `rebeas corps i'n-Phrris Cou.ity. ' Forvard the original A[p]_i'cant's
Prop)seifhdjigs of fact, ccxic]isi'moflawandorder todieCourtofCri'miIelAgieals

in cause timber I~R-65,555-2{L

lt.gpea§dermdwm&mghmp]ew§mttat_&)daystesdaspeddddat@hamt
'l'es fileiawi:it ofhabeascorp\B inlhrmchunty,’[e<asail"elxier} 241h 2014smie19nonths

 

ga Famiz Faiaz, Asst. Dist. Atty.
Abel A:osta, Cle:k, G[`A

 

N_O._ 1222335-0

EX PARTE § ' ` iN ins 185th DisTRici coURT
§ OF
ALt-‘X MEWIN wADE, JR., § HARRis oouNTY, T E X A s
Applicant.

APPLICANT'S PRGPOSED FINDINGS QE_FACT,
CONCLUSIONS Q§_LAW AND ORDER

This Court has considered the original and amended applications for writ
of habeas corpus, this is not limited to the State's Motion Requesting Designa-
tion of Issue and State's Proposed Order Designating Issuev signed by this
Court on March 12th, 2014, some 19 months ago. Consideration is herein given
to Applicant's voluminous filing with evidence attached thereto, the newly
discovered evidence supporting his claim of prosecution's suppression of evidence
15'-3\’01`&1`12>1<'% to the accused,.where Brady violation appears to have been committed
-by the proseonjon Applicant has presented evidence Showing and supporting his
trial attorney lawren¢es Cerf, ineffective at critical stages of the proceedings.
The Court found there are controverted, previously unsolved facts material to
the legality of the Applicant's confinement, where Applicant writs alleges the
claim of "actual innocence,"which require an evidentiary hearing.

The Court recommends the habeas claims alleged be determined in a evidentiary
hearing, Applicant habeas allegations, supported by evidence, are sufficient to`
overcome the State's Original Answer dated Nov. 5th, 2015, filed by the Office
of Devon Anderson, District Attorney; by Farnaz Faiaz, Assistant District
Attorney. The State's Answer do not address the State's Request for Designe

ation of lssue filed by Andrew Smith, Assistant District Attorney on March lldi,~

 

2014, there the State's Motion Requesting Designation of Issues are as fole
lows: 0

2. Whetuer the appli‘ant received ineffective assistance of counsel in _he

primary case;

3. Whether the evidence was insufficient to convict the applicant in the

primary case;

4. Whether the State committed a Brady violation in the primary case; and

5. Whether the state allowed perjuried evidence and false testimony in the

primary case.

The record is devoid of any State's reply to any of the unresolvedfdesignated
claims. Applicant has presented to the Clerk of Counrt, Office of Chris Daniel,
Clerk of Harris County, Texas District Court pleadings supported with evidence
of his unresolved claims, especially his unresolved claim of "actual innocence'
where he contends that there is no complainant. Applicant has directed to Court
to the Clerk's Record, Vol. 00004, there the complaint is a complaint used in
and from an indictment dismissed against applicant 1116862. Applicant directs
the Court to testimony provided by State's Chief Witness, Eitan Price of Western
World Insurance Group; where the testimony support the Clerk's Record, there is
no complainant nor is there a valid complaint showing that Western World Insurance
Group filed a complaintts($ee CR~GO328 Ln. 13-24)

Applicant depict to have mounted aeredible claim of innocence, applicant»
has supported his allegations of constitutional error with reliable evidence-
whether it be exculpatory scientific evidence, trustworthy eyewitness accounts,

’)
._L_

 

vlor'critical_physical evidence-which appears to be the case here, that was not
presented at trial. To determine whethertapplicants§atisfmd.the burden, court
must make a holistic evaluation of all the evidence, old and new,.incriminating
and exculpatory, withan:regard¢to whether it would necessarily be admitted
under rules of admissibilityythat would govern at trial.n In-a evidentiary,
and this Court recommend that one be Ordered, then decide how reasonable jurors,
who were properly instructed, would react to the overall, newly supplemented
record. f 4

Applicant claim thats unresolved on the "actual innocence," where the
complaint filed in the Clerk's Record CR-OOOOA do not contend Western World
Insurance Group filed a complaint.

The Court is aware Texas Law requires that a information must be preceded
by, or accompanied by, a valid complaint. §ak§r_y:_§tat§, 159 Tex. Crim. 491,
265 S.W. Td 600. Further Applicant filing as to the "actual;innocence" unresoled
claim, an indictment not based upon a Valid complaint is fatually defective.
Ll<_€i v_. §§§t_e-

In an evidentiary if applicant can show and State failed to refute the
Claim of "actual innocence,V based on the indictment which the State went
to trial where it based its case as proof where the testimony and evidence
proves that applicant commited no offense because_there was no offense to
oommit}, the writ must be granted and the conviction reversed. The evidence
support a claim of factual innocence of the offense alleged by indictment of
"attempted theft§" d

ln light of Schlup v. Delo, 513 U.S. 298, 327(1995), Applicant claim of
actual innocence is the gateway to defaultedclaims must be established that,

_3_

 

'in light cf newvevidence, "it is more likely than not that no reasonable juror
would have found him Applicant guilty beyond a reasoanble doubtf'§§§§,
Bell v. Housee 126 S.Ct. 2064, 2076-77(2008) l

This Court has considered _ the rationale of_McQuiggin v. Perkins,, 133
S.Ct. 1924(2013), Applicant's evidence, new discovered and relevant evidence
attached to pleading filed by applicant in the clerk' s office, possess a
lstrong showing of "actual innocence." Applicant applications contain sub-
stantive claims in support of the actual innocence, one in specific, ineffective
assistance of trial counsel and prosecutional misconduct,

RECOP'MENDA"`ION FOR EVIDFNI"]'AhY HEARING

Applicant' s filing at hed with evidence supporting his claims and
this Court is of the opinion and it recommend the Court of Criminal Appeals
issue its Onkr for an evidentiary hearing on applicant unresolved claims as
acknowledge by the State'$r Motion Designating Issue filed by the Office of Devon
And€rSOn , District ASttorney for Harris County, Texas, via, Andrew Smith,
Assistant District Attorney filed on March llth, 2014 some 19 months ago. See,
g w Eiizor'tdo,`, 947 s.»w.,` 201, 207(iex.crim.App.199_6)

`_ _ oRDER ` v

THE CLERK IS ORDER to prepare an amended  transcipt of all papers filed in
cause number 1222385-D, and transmit same to the Court of Appeals as provid ed
by Tex. Code Crim. Proc. Ann. art 11 07(West 2013) The amended transcipt shall
include certified copies of the following documents:

1. The State' s Motion Requesting Designation of issue and a filed

stamped filing signed by this Court;

2. Applicant's filing labeled as Exhibits in the Clerk's Record online

_4_

 

 

filing labeling the filing as exhibits;
" ll
Jo _

° Applicant's newly discovered.evidence, specifically Exhibit "E,"
letter from the Office Brownsims, Attorneys At Law,' dated July 5t , 2007
and letter dated Juiy 16th, 2007. d ' _

4; Applicant's Exhibit Z, Zl & Z2, Banking Records not presented in the
trial; Exhibit U, V, W, Capital One, Exhibit "A-l thru A-4, and;

5. All pleading under any heading filed in the habeas record.

THE CLERK is further ORDERED to send a copy of.this Order to State of Texas,

Devon Anderson, District Attorney, c/o Farnaz Faiaz, 1201 Franklin Steet,

Suite 600, Houston, Texas 77002.

SIGNED this day of_ , 2015.

 

Susan Brown, Presiding

 

 

I\D. -122385-D

ix .Pmiiz _ ' ` § in nn 185m Dismici olin
. § OF
Ainsrvntvm.mn'i,is_., ' ` l §T= mRRISGJJ,\EY,TEXAs
Aipli'rant.

Senri‘cel'iasbemaccoip]idiedbyseiiiigacqyofthis instrlirent to diefo]_lcwjng:
Famaz Faiaz, '
Assistanty District Attorrey
Harri's Co_nty, iesas
1201 §tanldin, Siiite 603

Ho.stcn, 'Iecas 77(I)2 ' v
sioineuszamdayof mesa 2015 ' /

 

  

