Wade, Alex Melvin

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 Requesting 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 Designation 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 evidencewhether 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 substantive 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 ' /