Pegues, Jason Tyrone

jt\ \/](M ~Oq JASON T.PEGUES #728196 HUNTSVILLE UNIT' 815 12TH sTREET RECE\VED\N HUNTSVILLE, TEXAS 7734800URT OF CRH\A|NALAPPEALS December 17,2015 l DEC 2]_2015 TO: The Clerk of the Court: Abel Acosta The Court of Criminal Appeals Abe\ACOSta, C\el'k P.O.Box 12308 Capital Station Austin, Texas`78711 Re: Applicant informing this Honorable Court of proceeding in reference to Cause No.94-DCR-026185 HCS. ’ Dear clerk of the court: / Enclosed is the applicant’s supplement in reference to the aforementioned cause number which was filed in the trial court on December 16,2015. The applicant’s HC5 is still pending in the trial court in which an Honorable Judge has signed an order designating issues. The enclosed is to just inform this Honorable Court by sending a copy of the applicant’s Supplement which was filed in the trial ' court pertaining to his application HCB, so if you will please place the enclosed inside the file pertaining to the applicant’s application " HC5 and make a part of the record, so that this Honorable Court can take the enclosed Supplement into consideration upon”ruling on his' HCB, l would really appreciate it. Thanks for your time and assistance. n Jason T.P gueé #728196 Applicant:94~DCR-026185 HC5 HUNTSVILLE UNIT 815 12TH STREET» HUNTSVILLE, TEXAS 77348 l Of l Jason T.Pegues #728196 'Huntsville Unit 815 12th street Huntsville, Texas 77348 December 16,2015 To: The District Clerk of Fort Bend County: Annie Rebecca Elliott Fort Bend County, Texas 301 Jackson Street Richmond, Texas 77046 ` Re: Applicant filing a Supplement in reference to No.94-DCR-026185 HCS Dear Clerk of the Court; Enclosed is a Supplement in reference to Cause No.94-DCR-026l85 HC5 in which the applicant is filing in the trial court to take into consideration and adjudicate the merits of the claims and issues before the signing of fact and recommendation to the court of criminal appeals. The trial court is in the 240th District Court of Fort Bend County where the Honorable Thomas R.Culver,III presides, so if you will please file this in it’s appropiate court, I would really appreciate it. Also, due to the order designating issues in reference to the applicant’s HC5 being signed by the Honorable Judge Shoemake presiding in Fort Bend County, if you will please file this Supplement in his Honorable Court, I would really appreciate it as well. Furthermore, please file this note with the other documents to be' forwarded to the Court of Criminal Appeals for evidence of due diligence on the part of the applicant; ‘ Lastly, please file stamp these documents and return receipt a copy for me in the SASE. Thank you for your time and assistance. Jason T.Pegues 728196 f Applicant; k No.94-DCR-026185 HC5 JASON T. PEGUES #728196 ~ IN THE COURT OF CRIMINAL APPEALS APPLICANT v. AT THE STATE OF TEXAS ` AUSTIN, TEXAS RESPONDENT ` , APPLICANT's sUPPLEMENT IN REFERENCE To Hc5 To The Honorable Judge of said Court: Comes now,Jason T.Pegues #728196,applicant,pro-se,in the above styled and numbered cause of action respectfully submit/file this supplement in reference to HC5 under art.ll.07 3(b),sec.4(a)(l)(b) of the Texas Code of Criminal Procedure, supplementing his application No.94-DCR-026185 HC5,which is pending in the trial court where the Trial Judge has not signed his findings of fact and made his recommendation to this Honorable Court,in which the applicant _ supplements his HC5,filing his supplement in the trial court,pursuant to the provisions of Rules of Civil Procedure,Rule 62, 64, 69 and Rule 58,due to the reconsideration by the trial court of No.94-DCR-026185 HC3 in reason of aggravated perjury committed in the first affidavit of a representative of the State, Attorney Cary M.Faden in which the State admitted to. The applicant would like to show this Honorable Court the following and request that the following be implemented into the applicant’s memorandum in reference to the above mentioned cause{ number: ,Pq-l APPLICANT' s sUPPLEMENT I . ' The following is to be supplemented into the subsection: ‘Legal Support & Facts concerning the Harmful Errors, Violations of U.S.Constitutions, and Substantial Rights in case 26185’ which is part of II.of Applicant’s Memorandum HC5: In pursuant to Ex parte Pond, 418 S.W.3d 94 n.l$(Tex.Crim.App.ZOlB): Best practices include filing all materials with the trial court before trial judge has signed his findings of fact and made his recommendation to this court. But an applicant is not foreclosed from amending or supplementing his materials even after the application is forwarded to this court, as long as those materials are filed in the trial court. ( 'Based on the facts and record of this case, the applicant is justified in moving to having the indictment in this case dismissed, due to the indictment being created by an illegal taken_statement in which the applicant has proven was in fact illegally taken and inadmissible by law beyond a reasonable doubt, concluding that there was no evidence other than the illegal taken statement} and due to it being illegally 'taken and inadmissible, the indictment is no longer valid. The use of hearsay evidence before a grand jury may render an indictment invalid if (l):The Government misleads the Grand Jury into thinking it is receiving first hand testimony or (2):lf there is a high probability that the defendant would not have been indicted had only non-hearsay evidence been used; Ruggiero 934 F.Zd 440,447(2@.Cir.l991j,both (l) & (2) applying to this case 26185. With\the prosecutor with-holding the 4only evidence(The Investigating Record) that proves that the Statement ,was illegally taken, in sealing the investigating record in Juvenile Proceedings after the applicant was certified impaired the Grand ' Jury’s Function. U.S. v;w§utierres$§96 F.Zd 753,755(10th Cir.l982); Strickler v. Greene,527 U.S.2€3,281-82. Without the illegal taken statement, there was no evidence which would have convicted the applicant, and due to the indictment being created by the illegal taken statement which is proven to bo inadmissible, the validity of the indictment is affected no longer stands as valid. Morrison,449 UjS. at 365-66 n.2. iI. Also pursuant to Ex parte Pond, 418 S.W.3d 94 \n.l3(Tex.Crim.App.2013,The following is to be supplemented in reference to HC5 which is pending in the trial\court due to the Honorable Judge Shoemake signing an order designating issues. The following is to be supplemented into the subsection: ‘How Applicant was Harmed by the DeGarmo Doctrine' as lV.of Applicant’s Memorandum of HCB: The applicant was also harmed by the DeGarmo Doctrine stopping him from presenting that the trial court abused it’s discretion by improperly appointing defense counsel as appellate counsel, creating conflict of interest which caused appellant egregious harm. Due to there being ineffective assistance of counsel in trial by Cary M.Faden,the conflict of interest is created when the trial court appointed trial counsel Cary M.Faden as appellate counsel, and in Cary M.Faden filing the applicant’s direct appeal,it was for sure that the trial counsel Cary M.Faden would not file a ineffective assistance claim on him-self as the appellate counsel,which would entitle the applicant to an out-of-time appeal. Furthermore, the basis of these claims were not reasonably available at the time of appeall.Due to the authority of the DeGarmo Doctrine stopping the applicant from presenting these violations and errors that would have had a major impact on this case if DeGarmo would not have existed. EX parte Axel,757 S.W.Zd 369(Tex.Crim.App.l988); Leday v. State,983 S.W.Zd at 725; EX parte Boyd,58 S.W.3d l34(Tex.Crim.App.2001); Jacobson v. State,398 S.W.3d l95(TeX.Crim.App.2013); Ex parte White,l60 S.W.3d 46(TeX.Crim.App.2004); Vaughn v. State,93l S.W.2d 564(Tex.Crim.App.l996). PRAYER WHEREFORE PREMISES CONSIDERED; applicant, Jason T.Pegues #728196, respectfully prays that this Honorable Court supplement the aforementioned into the applicant’s HC5 and take it into consideration in reviewing,and adjudicating the merits of these particular claims and issues. The applicant prays that this Honorable Court will be merciful based on the applicant being a layman of the law and pro-se, and very grateful for this Honorable Court's time and consideration; [1] Executed on this_l6th day of December, 2015. Jason TvPegues #728196 Huntsville Unit 815 12th STREET Huntsville, Texas 77348 CERTIFICATE OF SERVICE I, Jason T.Pegues #728196, the applicant, being presently confined in Walker County, Texas do hereby affirm that I have delivered the original of this Applicant’s Supplement in reference to the applicant’s HC5 to the prison mailroom officials for delivery to the ¢following via U.S.Postal Service: ' ` The District Clerk,Annie Rebecca Elliott,of Fort Bend County,240th District Court,Honorable Judge Thomas R.Culver,III,30l b Jackson,Richmond,Texas 77046 Also by way of the District Clerk, Annie Rebecca Elliott, to the ,Honorable Judge Shoemake,presiding in the qzqfalhstrict Court of Fort Bend County,who signed the order designating issues in reference to HC5 And to The Clerk of The Court of Criminal Appeals,Abel Acosta, P.O.BOX 12308,Capitol Station,Austin Texas 78711 ' . INMATE DECLARATION I, Jason T.Pegues #728196, presently incarcerated in Walker County,TeXas hereby declare under the penalty of perjury that the aforementioned in my Supplement in reference to HC5 is true and' correct. Signed on this 16th day of December, 2015. Jason T.Pegues #728196 Applicant No.94-DcR-02`6185_ Hc5 Huntsville Unit 815 12th street Huntsville, Texas 77348 CC/file: