Terry, Sterlin ( 2017 )


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  •                                                                    3A73466 U.S.    668
    ,
    
    104 S. Ct. 2052
    ,       80 L.Ed.2d 674(1984);
    Hernandez          v.    State,       
    988 S.W. 2d
      770,
    77 2, (Tex.Crim.App. 1999) .
    "It is well settled that the right to
    effective assistance of counsel applies
    to certain steps before trial,especially
    having counsel present at ALL "Critical
    Stages" of the criminal proceedings..."
    Montejo v. Louisana,566 U.S. 778,786
    (2009)quoting: United States v. Wade,
    
    388 U.S. 218
    ,    227-28(1967).
    -2-
    II.
    Haines       v.    Kerner
    The        applicant        contends thafbecause of his failure to inform
    this     Honorable           Court       that     his successive post-conviction writ
    of     habeas           corpus     was    based on "Newly Discovered Evidence" and
    violations              of his    Texas and United States Constitutional                     right's
    he should not be held                to the same standards as a                 license attorney
    since        he     is     not     trained       in        the rules of the Court,          criminal
    and appellate procedure and should hot be denied his right to the
    "Great Writ" when he shows that he                              has met the burden of proof that
    he has suffered a miscarriage of                           justice.
    Haines v. Kerner, 
    404 U.S. 519
    , 521,                  
    92 S. Ct. 594
    , 30 L.Ed.2d 652(1972).
    Ill
    PRAYER
    WHEREFORE,PREMISES                CONSIDERED,              THE.   Applicant    respectfully
    prays        to     this     Honorable          Court that after reviewing               the alle
    gations           and     attached       exhibit           he      attached to the 2nd writ of
    habeas        corpus        article        11.07           that     it grant him relief in the
    intrest of justice, so prays the applicant.
    Respectfully Submitted,
    Executed on this the             5"    day of Qei 201?
    Terry Sterlin
    TDCJ-10^816777
    Diboll       Unit
    1604    South       First    Street
    Diboll,Texas             75541
    -3-
    IV.
    UNSWORN   DECLARATION
    I,Terry Sterlin,TDCJ-ID*816777, being presently incarcerated
    at the Diboll Unit, a private facility of Manangement & Training
    Incorporation, a contractor of the Texas Department of Criminal
    Justice Institutional Division, do hereby declare under penalty
    of perjury -that the alleged statements contained herein are true
    and   correct.
    Executed on this the     «S~ tK day of Qe.C> , ,2017.
    Respectfully Submitted,
    A N, ASWfl lo JxMA—•
    Terry Sterlin     "
    TDCJ-ID4816777
    Diboll Unit
    1604 South First Street
    Diboll,Texas 75541
    -4-
    

Document Info

Docket Number: WR-25,739-08

Filed Date: 12/18/2017

Precedential Status: Precedential

Modified Date: 12/25/2017