Stanton, Luke

PD-1482&1483&1484-14 LUKE ADAM STANTON/ SR. #1830011 • TDCJ-Michael Unit • 2664 FM 2054 • TN. Colony, TX 75886

Friday, March 27, 2015

Clerk of the Court Court of Criminal Appeals of Texas •CEIVED IN P.O. Box 12308 0FCRIMINALAI Capitol Station Austin, Texas 78711 APR 01 2015

RE: STANTON v. STATE OF TEXAS Ab@lAcosta, Clerk CCA No. PD-1482/1483/1484-14 COA No. 08-12-00293/294/295-CR

Dear Sir or Madam:

Please find attached the original: MOTION FOR REHEARING RECONSIDERATION AND/OR SUBMISSIONS EN BANC, to be submitted and filed.

Your assistance in the above matter is greatly appreciated Sincerely,

&PR 01 2015 Luke Stanton #1830011

Abe/Acosia, C/erk cc: Charles Orbinson Assistant Criminal District Attorney 1450 East McKinney; Street, 3rd Floor Denton, Texas 76209

IN THE

COURT OF CRIMINAL APPEALS OF TEXAS

LUKE ADAM STANTON, SR., § Appellant, § Cause No. PD-1482-14

v. § Cause No. PD-1483-14

THE STATE OF TEXAS, § Cause' No. PD-1484-14

Appellee. §.

MOTION FOR REHEARING RECONSIDERATION, AND/OR SUBMISSIONS EN. BANC

TO THE HONORABLE JUSTICES OF SAID COURT:

LUKE ADAM STANTON, SR., Appellant, pro se, upon good cause, moves the Court to reconsider his Petition for Rehearing and/or Submissions En Banc, pursuant to Rule 76(f) of T.R.A.P.. Appellant's pro se motion for rehearing was rejected by this Court for non-compliance with Rule 79.2(c) T.R.A.P. . Appellant respectfully request for rehearing reconsideration and/or submissions en banc, not for the purpose of delay, but that, whether the Court's have declared a statute uncons titutional, or appears to have misconstrued a statute.. And shows the following:

1. Appellant is not an attorney, unskilled in the law and filing pro se.

2. Appellant is rehoused on February 19,2015, in segragation "OPI" (Offender Protection) status on- gang related issues of threats to Appellant's life. As further, to this day, Appellant is still housed in segregation.

3. Subsequently, on March 04,2015, Appellant's PDR was refused. On March 10, 2015, Appellant received his post-card notice by delivery 62 TDCJ-Michael Unit Prison Legal Mail Department, unfortunely,; rehearing requirements deadline filing are due within fifteen (15) days after the opinion.

4. Appellant has very limited access to legal materials *and has NO access to the Prison Law Library while housed in segregation, thereby, he's unable to complete his legal research.

5. Appellant is required to research controlling legal principles and then prepare properly filed motions and/or petitions that are currently due with the court time limits. Notwithstanding, Appellant is incarcerated in Texas Department of Criminal Justice Prison System, as results, logistics can be difficult.

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6. Moreover, CONGRESS stated over two ..hundred (200) years ago "that no ... writ ... in any Court or United States, shall abated, arrested, quashed, or reversed, for any defect or want of form, but the said Courts respec tively shall proceed and give judgment ... without regarding any imper fections, defects or want of form in such writ ... what so ever ..... and the said Court respectively shall ... and may at any time, permit either party to amend any defect in the process of pleadings ... Judiciary Act of Sept. 24, 1789, Sec. 342, FIRST CONGRESS, Ses 1, ch. 20, 1789.

7. Finally, Appellant prays the Honorable Court advances the holdings of. Haines v. Kerner, 92 S.Ct. 594 (1972); Bush v. United States, 823 F.2d 909,910 (5th Cir. 1987), that "pro se pleadings are to be construed liberally and held to less stringent standards than pleading drafted by lawyers, further, if the Court can reasonably construe the pleadings to state a valid claim upon which a litigant could prevail, it should do so.

CONCLUSION AND PRAYER

WHEREFORE, PREMISES CONSIDERED, Luke Adam Stanton, Sr., Appellant prays that this Honorable Court GRANT him the Rehearing Reconsideration and/or Submissions En banc, pursuant to Rule 76(f) of the T.R.A.P.. Where the Court's did not make the determination that the "ends of justice" would be served with consideration of the merits of the claim, and where "Equal Justice Under Law" is requested. And any other and further relief that this Honorable Court deems Appellant's justly entitled. Respectfully Submitted,

March 27, 2015 (ji\m^6fa-^ ti;:=^— Luke Stanton #1830011 TDCJ-Michael Unit 2664 FM 2054 TN. Colony, Texas 75886

CERTIFICATE OF SERVICE

I hereby certify that a true and correct copy of the above foregoing Motion FOR REHEARING RECONSIDERATION.AND/OR SUBMISSIONS EN BANC, was placed in the United Stated Mail, postage paid, first class, to Charles Orbison, Assistant Criminal District Attorney, at 1450 E. McKinney St., 3rd Fl, in Denton, TX 76209. On this the 27th day of March, 2015. ~

Luke Stanton #1830011

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