Heintz, Nicholas G. ( 2015 )

~ ?, tc,Cf5-0 I
RECEIVED IN
COURT OF CRIMINAL APPEAL&
AUG 0 4 2015
CAUSE !IJO. Al&llAccs&,Ote*
NICHOLAS G. HEINTZ
IN THE T.EXAS COURT
Vs.
OF CRDITNAL APPEALS
STATE OF 1'EXAS
E``RGENCY APPLICATION
This document contains some
FOR EXTRAORDINARY 1.-JRIT pages ~hat are of poor quality
at the t1me of imaging.
OF F.ABEAS CORPUS
COI~S Nm-J, Nicholas G. Heintz, the Applicant in the above-captioned
cause, who, 1,d.thout assistance of. counsel, respectfully moves the Court of
Criminal Appeals, pursuant to Tex. Code of Crim. Proc., Chap. 11, Art. 11 .o5.,
to invoke original jurisdiction over this Emergency Application for'&-
traordinary ``it of Habeas Corpus.
Applicant initially filed his Habeas Application Hith the 7th Judicial
District Court, Cause No. 15-0959-A, on 6 Nay 2015~ Hmv-ever, to date (82
days hence), there has been no hearing (there ,,ras a hearlrlg set for 1 2 June
2015 and vacated that same date because the District Court T·ras of the opin-
ion it lacked jurisdiction to hear the claims raised in the Application).
~· provided copies of initial Application and motions for hearing, ~-rith
attached ~hibits.
A revievr of the initial Application 1<-d.th the 7th District Court of
Smith Connty 1dll reveal several cognizable claims. Here in the instant
Application before this Honorable Court, Applicant seeks relief from the
two (2) most compelling claims:
1) Immediate release from the almost 300-day illegal restraint in
his liberty by Smith Connty Authorities for an ongoing,: .trial court sane-
tioned, prosecution of an l.Ulindicted criminal accusation that is statute
of limitations barred.
2) I:mmediate reversal of the Unconstitutional (presumption of in-
nocence violation) and nnlmvful (contraT~J to state statute) registration
of Applicant as a sex offender by Smith Connty Authorities, commencing
on 14 October 2014, in current effect, and set to remain in force through-
out the remainder of Applicant's life.
Applicant is in poor health, no longer able to maintain employment
1-lhich generates sufficient income to support his family 1-Jith and pay
community supervision fees along 1dth bail bond installments.
WHEREFORE, Applicant prays tl1is Court 1-Jill forthvr.Lth grant the
relief he seeks, the justice he is deserving of and entitled to.
·-fA
DATED this~day of July, 2015.
2
Nicholas G. Heintz, Applicru1t
~Vi thout Assistance of Counsel
22544 Hickory Iene
IV.d.neola, Texas 75773
(903) 638-4383
AFFIDAVIT
I, Nicholas G. Heintz, being first duly s-vrorn, depose and state as
11
follot·JS: I have read the foregoing Emergency Application for Ex-traordi-
nary 1--.irit of Habeas Corpus and Si·rear that the allegations of fact contained
therein are true and correct, according to ll'lf belief 11 •
DATED this)$/.;/.. dey of July, 2015. ) , / d. ~ 7 / · {)
--/j``-l~fT
SUBSCRIBED AND S"HORN TO before me tlriS'~ day of July, 201 5, by
Nicholas G. Heintz.
CERTIFICATE OF SEl~viCE
On thi~ day of July, 2015, the undersigned caused to be mailed
vla the u. s. Postal Service a true and correct copy of the foregoing
Emergency Application for Ebctraordinary Uri t of Habeas Corpus Mr-. Ken
Paxton, Texas Attorney General, Office of Attorney General, Post Office
Box 12548, Austin, Texas 78711-2458~
3
r r- FILED
,__.,JfS ROGERS
DISTFiiCT CLERf'(
l015 JUl2 1 AM If: 36
C.c')JSZ :\JO. 1 5-0959-A
SMITH COUNn; TEXAS
lliCI-IOL.43 G. ECSL·?rZ :m ~ 7 !;h JTT!lTC; H .. L
-~- DEPUTY
-;~
Vs. DISTRICT COG~T 0?
Applica;.-,_ t in. the above-captioned cause, ;;i!1o filed his pre-t.rial A;::Yplica tion
For .8:-ctraord:Lll.a.r-.f ~L"i t of He>.beas Coruus 1-r:ith this Eonora.ble Com-t on
f:.'"'o!J tl1.e 1JJ1l a1Ef\ll restr~int -in_ l1is li1)erty dL.le to tl1e cog:aizable iss·ues
1
raised of limite:,.tions-b2.rred ~'rosecution for the cha:q:;ed 2.ccusation of
failure to register as a sex offender <:1:r1d of illegal c;_t.:c-rent Texas sex
o?fencler registl,8:Gion requi:!.~ernent. 1
.tie see . :s c..clC!.l t~ona_
-· ' 1 -- • • . -l
cogl1lZaD e relief
f:;_ryom a Yiolation of his Constitutionally 17rotected ?ight to a pres-~Lnp·i-:,ion
of ~ n_JlOC811Ce •
Ex 1Je..rte 3rJith, 135 :3.>i. 3d. 8.37, :~92 (Tex. Cr:Lm. App. 2006):
Octr decision in ''::c p2.r'c.e ':le-i se succ-i :1ct.ly su:-n;!a.rizes our ce.se-lm-r
on the types of cla·i "HS tl12.t are co&,r•-i zable L11 a }retrie>~
~r.cj~ t of b.2.beas coJ... .?,~S. See E:x: Dart,e >Jeise, 55 s.;J. 3d 517,
619--20 (Tex. Cr. App. 2001 ) •
the general ~)r-c nci?le that a claim is cogrd.zable LTJ. a pretria~
1-Jri t of habeas corpus if, resolved in the defendant 1 s favor,
it would d.eprive the trial court of the pmrer to proceed and
result in the appllant's immediate release. See Weise, 55
s.w. -}d at 619. 11
HEA.RllfG SET AND VAC.A'l'ED
A hear:L.'"lg on the .Application was set for 1 2 June 201 5. See •
.on t...~e appointed date and time, Mr'. Hemtz Has present ;n the
courtroom, prepa_l'8d to proceed. The Court, ho-wever, vacated the
hear:L'"l.g. Because it felt .f'ur"'-Lts of appeals have no origillal habeas corpus
jurisdiction ill cri.11ri.nal matters; their jurisdiction is appellate only 11 •
See also Elc parte Hawkins, B85 S.',f. 2d 586, 588 (Tex. App.--El Paso 1994,
no pet.):
••• this Cou...--t does not have original habeas corpus jurisdiction
LTl criminal la-vJ matters. See Elc parte I.Btds, 663 S.~l. 2d 153,
2
154 (Tex. App.--.Amarillo 1983, orig. proceeding). That
jurisdiction rests :instead vlith the Court of Criminal Appeals,
the District Courts (emphasis added), the County Cou...-r>ts, or
a."l.y judge of said Courts• ·Tex. eode er:tm. Proc. · Arm• art. 11.05
(Vernon 1977); see Tex. Const. art. v, Sees. 5, 8, 16; Tex.
Gov 1 t Code Ann. Sees. 25.0003, 26.047 (Vernon 1988).
COG!fiZ..l\.BIE CLAHS
The registration requirement for the "reportable conv-iction 11 from
uta.l-1 that the State is rel;ying upon :in its 1 prosecution of 11r'. Hein.tz for
havi_ng failed to register expired on 23 :November 2009. See. E:x..l'libit 11 1"111
of Application; ae:.;:I1iration of prison sentence for his 1983 conviction court
case #831916801 on 11/23/1999 with a ten year registration requirement to
11 I 23/2009 11 (emphasis added) •
Utah Code A.nn. 77-27-21 .5, 11 All persons ha-ving a duty to register
shall, register for the du.ration of sentence and for ten years after
termination of sentence ••• 11 (emphasis added). 1'The duty to register for
an extrajurisdictional registrant exoires on the date the person 1 s du.ty
to register ~orould expire rmder the la1•TS of the other state ••• n Tex. Code
of C~-m. Proc., Art. 62.052 (b). (emphasis added).
State 1 s 11prosecution is barred b-.f the statute of limitations 11 •
Ex. parte Smith, at 890. Furthermore, 11 ••• i f a liberty ii1terest is
created b-.f a statute, due process concerning that liberty :interest
requires notice and a meaningful opportunity to be heard.
La~nance v. Erickson, 522 u.s. 262, 266, 118 S. ct. 753, 139 L. Ed. 2d
695 (1998); Ex parte Geiken, 28 S.'tl. 3d SS3, 560 (Tex. Cr:i_m. App. 2000).
Ex oa.....-rte Werne, 118 s.~-l. )d 833, 836 n. 1 (Tex. App.-:-TeJCa.rkana 2003, no
pet.).
n One accused of a crime is entitled to have h..is guilt or :L"'lllocence
determined solely (emphasis added) on the basis of the evidence introduced
at triaJ.. 11 Taylor v. Kentucky, 436 U.S. 478, 98 s. Ct. 1930, 56 L. Ed
2d 468, 1 97 8. For SrrrLth County Sheriff 1 s Office to register ¥r. Heintz
as a sex offender in Texas i'd thout indictment, 1-Jithout trial and ,,r.i thout
a conviction is a flagra..11.t \1-j_olation of th..is fundaznental Constitutional
Right.
:t-fALIC IOU3 PROSECD"TION
Not;ri thsta..11.diTl_g the state 1 s svrorn duty to rrsee t..hat justice is done 11 ,
Tex. Code Grim. Proc. Art. 2.01, it (t.."le State) has !-;norringly allowed ~11:'.
Heintz to lc:mguis...~, lLl'llai-rfully restra:lned in his liberty, for 291 days,
vli thout indictment; kno-vring that any prosecution of lt'!r. He:L"1tz is barred
by the statute of lim:i.tations.
CO``RrTSD OFFENSE
Ironically, the "reportable conviction" from the State of utah is
for an 11 offense 11 that did not actually occur. It is solely a proctu.ct of
vengeful contrivance. See. su.pporting docThuentation, attached hereto as
EK.hibit 11 B11 •
4
',' ~ ~ .· ·
· d e l ivere d a t rue
of July, 2u1;,, 1jhe u.YJ.dersJ.gne d ·nand.-
and correct copy of the foregoing Henewed 1-'btion For Hea.ri.....•.1g to i'lr'. D. rhtt
B:Ln..gham, Smith- Connty District Attorney, 1 00 North Broadway Ave., 4t..h Floor,
Smith Cou11ty Courthouse, '1.'-Jler, Texas 75702.
5.
CAUSE NO. 15-0959-A
STATE OF TEXAS § IN THE 7TH JUDICIAL
§
vs. § DISTRICT COURT 0~
§
NICHOLAS G. HEITZ § sM'ffifcotiNTY,-TEXAS
ORDER SETTING HEARING
IT IS ORDERED that the above-styled and numbered cases are SET for hearing on:
I Application for Extraordinary Writ of Habeas Corpus in Heitz -
for Friday, June 12, 2015 at 11:15 o'clock a.m. in the 7th Judicial District Courtroom located on
the second floor of the Smith County Courthouse in Tyler, Texas.
IT IS SO ORDERED.
SIGNED this 12th day of May, 2
cc: State
Nicholas Heitz
22544 Hickory Lane
Mineola, TX 75773
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I REED PAYNE PHD
· Licensed Clinical Psychologist
288 Comprehensive dinic
Brigham Young University
Provo,U~ 37~79
June 11, 1993
·r-- r
Board of Pardons [..::
....
.
448 East 6400 South
Suite 300
Murray, UT 84107
Dear Board of Pardons:
As you may know, l·was called on by the State some time ago to do a psychological
evaluation of Nicholas Vaughn Banner in conjunction with a charge of escape from the
Richfield Jail where he was incarcerated as part of a prison sentence. · I had spent an
inorcJjnate amount of time with Mr. Banner and his case. later it was necessary for me to
travel. from California back to Utah from an academic sabbatical in order· to testify in Mr.
Banner's case. Subsequently he was found not guilty of the jail escape, in part, due to Post-
traumatic Stress Disorder as a consequence of severe beatings in prison on two different
occasions resulting in surgery and severe injury~ Other incidents of harassment have
aggravated and prolonged Mr. Banner's recovery. I understand that Mr. Banner made on
appearance before the Board on December 30, 1992 where the Board determined to grant
a release on December 14, 1993 with the stipulation that he, Mr. Banner, enter and
complete the sex offenders program at the Bonneville half-way house. This, however,
presented a problem which I would like to address in a helpful way if possible.
From the outset of his 9* year incarceration he has steadfastly professed his innocence of
the offense charged and convicted. Under these circumstances, the half-way house director
has recently acknowledged that Mr. Banner will not be accepted into the sex offender
program and wanted to refer the matter back to the Board for a hearing. It has also been
suggested by his caseworker that a Special Attention Request be submitted to the Board
asking that the halfway house sex offender program requirement be dropped from the
conditions of parole. Mr. Banner concurs with this later approach~ This letter constiMes
an endorsement of the suggestion that such a requirement be deleted from conditions ·of
release and parole.
The basis for this endorsement might inducle ~y points but I will highlight the onE!§ most
relevant. There is grave doubt in my mind that Mr. Banner is a pedophile. I have gone
over his records carefully and in concert with his own testimony, with testing, and with all
information available it is extremely doubtful that this man is a pedophile. Another point
~ -·
"that is WOI1hy of consideration is his professed innocence.. Whil::: know that this is not an
adequate or even meaningful reason in most cases to apply with any consideration, I urge
the Board- to c:onSider the possible miscarriage of justice. There is an exceptionally good
possibility that his case indudes a female friend who felt she ~ spumec,llly Mr. Banner
and provided a fabrication of the charges. Subseque11t evidence from out$ide the prison as
well as extensive detail of his accounts cast more than a reasonable- doubt on the -ch~e
under which he is currently incarcerated. More than_tflat this.examinerisamvina!dthat-
Mr.. -Banner -not only states -hiS- -innOceilCe-l:i-.:li is firmly convinced of his innoa!nCe.
Therefore, the only way for him to maintain any integrity is to go with the truth. Otherwise
he would have to violate his own sense of right and wrong tO conform to the request of the
Board. let me hasten to acknowledge that in almost all cases we are dealing with denial
when such protests are registered, but in this .case I strongly urge the Board to consider the
possibility of an exception. In any event, it would be both unwise and unprofitable for Mr.
Banner to be forced into a treatment prOgram where both he and others would deem the
process inappropriate..
It would also seem that his period of incarceration for almost 10 years is an exceptionally
long period of time and unusual. This coupled with the severe beatings and harassment and
isolation in Mr. Banner's caseseems to be very unfair and excessive as far as punishment
is concerned.
Finally, I would like to state that Mr. Banner does not strike me as being of danger to
himself or others. There is evidence of psychological stability and strength of character such
that a reasonably favorable prediction might be made regarding his parole. The one
negative factor is, of course, his long period of incarceration. In my investigatiori of Mr.
Banner's history, psychological functioning, problems and progress over time I have found
his reporting, his copious note takin& details provided and information to be extremely ·
accurate. He ~ to have a high regard for the truth in spite of obvious disagreement by
others who have been d~ermined to work against his interests. Mr. Banner has exCEllent
potential. My concern is that he underestimates himself. Considering the length of time he
has been away from society it might be helpful to move him rather quickly into a halfway
house situation so that any adjustment problems might be ameliorated within a structured
situation and Mr. Banner can be given the benefit of the correctional system in integtating
himself back into the community.
If I can be of any further help in this case please feel free to contact me. My address and
phone number are on the letterhead.
m~"' ~"''!
I. Reed Payne, Ph.D.
fb h
Clinical Psychologist
cc: Sylvia Colton, Attorney at law
Nicholas V. Banner, #17049
..-
AFFiDAVIT OF NEAL K. OSTLER
STATE OF UTAH }
)ss.
COUNTY OF SALT I.AXE )
COKES NOW Neal. K. ostl.er upon his oath deposes and
1. Tbat duri.nq the months of 1988, :t _ was
employed by the utah state Department of Corrections_ as a substance
abuse -counsel.or, assigned ~ the Uinta Facility at the Utah state
Prison in Draper w-...re I met and beca.1lle acqu.aint.ed with inmate
Nicho~as- v. Banner and his case.
2. At first :t believed Mr. Nicholas Banner to be just
another wJdninq, innocent profess:inq, mal.adjusted inmate. However,
as the weeks progressed and .:t l.earned more about the events and_
-
circumstances sw:xoandi nq tbe al.l.eqed offense ~qainst Hr. Banner,
:t began to perceive him otherwise.
3. Upon discovery of the names of the parties involved
i.n the al.l.eqed incident, the shock of r~tiol! aetna lly took my
breath away and I needed to sit down -in order to retain my
composure. I was total.l.y convinced of Hr. Banner's innocence ..
4. That prior to my empl.ojment with the prison I was
·a sa.J.t Lake county Sheriff • s oeputy fo~ over 15 years. Whil.e I was
~ a Sal.t Lake- County Sheriff Deputy I witnessed a ful.l. compl.ement of
unethical. and u,nl.awfu.L behavior on the part of a number of •old
-.
school." . pol.:ice officers .. - :t witnessed -fabricated evidence r
col.l.usion of testimony, and both initiated and unnecessary physical.-
eonfrontation (abuse) •
s. J:t was with this knowledge tbat the case against Mr.
Banner became an apparent case of ccmspirac::y and duplicity on the
-part of the al.leqed victi.ll.'s grandfather; Ron cranfill, a raDkinq
- Sheriff's ~ficer, with wbaJa x· had IIIlDlEmOUS experience.
-6. :I mysel.f bad a persona1 conflict with this ~ over
' .
,..~
- ----- ----- -· ----- - - - --- - ----- --- -- - -- -- -- - -· ---
a mutual :friendship that had developed~ his adul.t daUCJhter,
susan Cranfill, (Mr. Banner's qirl.friend, and the complainant in
h.is criminal. prosecution) and mysel.f. SUbsequent to Hs. Crailfil.1
father • s warniDq - that :I stay· away from Jfs. c:ranfill, :I UDderwant
2 years of continual. battering and harassment from Lieutemmt
Cranfill, who wa.S then my Division CO'Bimander. xr. Cranfill made
a personal. vendetta out of t.rying' to get me fired from the
Sher~•s Office, wbicb. di.d not cease until. xr. c:ranfil.l. ul.tilllate1y
retired in frustration.-
OWinq to my l.cmqstandj.nq empl.oyment- record as a
7.
- . ~ ~
respectable law enforcement officer, I manaqed to emerqe froJa Lt.
cranfUl' s spiteflU attempts to sallotage my career, without havinq
received even a sinqle day's suspension.. Whereas, the average
citizen such_ as lf:r. Banner_, who happened to incur the wrath of Lt.-
Cranfill, over havinq jilted his dauq4ter SUsan, coul.d expect to
~be set up on cont:ri~ criminal charqes as a resul.t.
8. Moreover, xr. BAnner coUl.d- expect to receive ~
treatment within the penal. system from--fel.low officers of the •qooci
ole boy" fraternity, of which Mr. Cranfill vas a l.eadinq member.
9. I conclude that Mr. Banner is innocent based on a
personal ltnPW:l`` of mr. Cranf.il.l.'s vindictive, ruthless,
:_ unrel.entinq 'JIIa.DDer. I base this on a review of the re<:erd in the
matter which contains nothing more than a UDSUhstanti.ated
a11eqation.
10. This inmate's claims of wrongfu1 conviction, and his
belief that the assau1ts he has been a victim of durinq his
incarceration and that the ongoinq threats against him may be
attributed to Kr. cranfill and his inf1uence, shou1d be afforded
pro)?able credence.
DATED this pl2PDday of December, 1991 •.
SUBSCRIBED AND SWOBN to before me this P4 day of December,
·.~,~m.-e~
otary Public __ ·
Residing- At S~S9 Z/0/1 G;.. ~;~..,,I t/i
CAUSE NO. 15-09)9-A
EICHOL.I\.S G. HEINTZ IN 'L>-IE 7'E..f JUDICIAL
*
DISTP..ICT COURT OF
*
STATE OF 'YZL.4S
* Si•ITTH COUlTFi, TEXAS
OHDER TO DISJ.ITSS
On this _____c`` of_.__________ , 2015, ca~e to be he2xd Applica~t 1 s
Application for Ex:traorcli.nar.f 'drit of Habeas Corpus to Disr:ri..ss the Crim:Ln.2.l
Accusation charged against him; to restore his Liberty, l.TP..restrained, and
it appears to the Court said relief should be G?..AWl'ED.
IT IS 'EI-J:E.REFOP.E OPDBRED that the charge of Fail to Comply i·r.i. th Sex
Offender Registration T~?e/AD~ually be dismissed, w~th prejun~ce.
IT IS 'E.'-W..EFOP.E ORDERED that the Appliccu1.t, :Nicholas G. Heintz, is
not required to register as a sex offender i..~ Texas.
HONOR:LBIE r:ER.R:i 1. P:t.J3SELL
Judge Presid:i.rl..g
CAUSE NO. 15-0959-A
NICHOlAS G. HEINTZ IN TBE 7TH JUDICIAL
*
*-~
Vs. DISTRICT COURT OF
*
STATE OF TEKAS * SI>f[TH COUNTY, TE:US
*
ORDER SETTING HEA....'illlG
IT IS ORDERED that the above-styled and n~mbered case is SET for hearing
on: Application for Ektraordinar;r ~m t of Habeas Corpus in F.e:L"'ltz
for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ in the 7th Judicial
District Courtroom locat,ed on the second floor of the Srnith Cm:mty Court-
house in ~ler, T~,-~ {!_l!_r f;
~
rfJ~47q
fAfECE~VED ~N
\COURT OF CRIMINAL APPEALS
AUG 04 2015
Ab®iAcosta. Clerk
CAUSE NO. 15-0959-A
Z0/5 JUN 15 IU
ltfl 9: 27
NICHOLAS G. EBINTZ, -X- . 'rf:m:.
IN SAAm..J ''Gt~",.­
7tli-' ............. '¥,~
Applicant, * BY
* DISTRI~
Vs. * SMITH COlJNTY, TEX.AS
*
STATE OF Tz:L>lS, *
Respondent.
*
*
~.DTION FOR HEARING
COf.:iES J:JOW,. Nicholas G. Heintz (hereinafter 11Nr. He;ntz 11 ) , the
Applicant i..~ the above-captioned cause, who respectfully moves the Col.U"t
to schedule a heariP~ on the application. PUrsuant to Texas Code of
Crim:LYlal ~"'cedu...-v.e, Title 1 , Chapter 11 , Art. 11 • 11 , 11 The time so
appointed s:b-all be the earliest day ;;.hlch the judge can devote to hearing
the ca:use of the applicant. n
Art. 11.05. BY WHOM "WPJ:T FAY BE GRANTED.
The Court of Criminal Appeals, the lli strict Courts
( empha~s added), the County Courts, or any Judge
of said Courts, have power to issue the vl!'it of
habeas corpus; and it is their duty,· upon proper
motion, to grant the vl!'i t under the rules prescribed
by law.
A significant number of pretrial writ of habeas corpus applications,
addressing various grounds, are filed w"ith and heard by trial courts.
For exa.mple. See. attached Opinions in Edlvard Jerome Green,
Appellant v. The State of' Texas, Court of Appeals of Texas, Fort \forth,
No. 2-98-553-CR, decided: July 22, 1999; and Ex: parve Cory Howard,Court
of Appeals of Texas, San Antonio, No. 04-0S-00157-CR, decided:
November 23, 2005.
In Hm·rard the Appellate Court articulated that 11
A v-n::it of' habeas
corpus is an extraordinary 1-r.rit. E:.c parve 1-i:lise, 55 s.~-1. 3d 616, 619
(Tex. Grim. App. 2001 ). 1
Neither a trial court nor an appellate court
should entertain an application f'or writ of' habeas corpus -vmen there :is
an adequate remedy "aId. Further, an applicant nmst be illegally
restrained to be entitled to habeas corpus relief. 11
?..e.ferriD..g back to Title 1, Chapter 11 of the Texas Code of' Criminal
Procedure, under Art. 11 .65 (c) 11 for the purposes of tb..is chapter, an
applicant released on bond under t:b; s article remains restrained in his
liberty. 11
f!.T. Heintz is 11 illegally restrained n in that: 1) the unindicted
Smith County charge (Ex. A of Application) lodged against him (.failure to
comply with sex o.ffender registration) is hinged upon a Utah conviction
l·ri.t..l-:1 a registration requirement >vi'...ich is statutorily expL.-ed (Utah Code
of Criminal Procedure, Sec. 77-27-21.5 (9) (a)); 2) D P S in Austin
determined :L.'1 November of 201 2 (upon }ir'. Hei.Tltz 1 s entry into the state)
that l•.T. Heintz -v-m.s not required to register in Texas because a:n::r and all
2
previous registration reqirements fl.-ad expired; and, 3) his
Constitutionally protected Due Process entitlement to a preffiLmption
of innocence was egregiously violated by the Smith County Sheri_ff' s
Office -when, t1relve (12) days following his arrest for allegedly
having failed to register, on 2 October 2014; 't;·ri.thout an Indictrr.ent,
vri. thout a trial and without a conviction, said "law enforcement"
agency 11 directed 11 Nr. Heintz to register.
A habeas corpus action is separate from the proceeding out of Uolhich
11
it arises and its purpose is vastly different. Habeas corpus is by
definition an extraord:Lrtary writ in 'Which the restraint of one's liberty
is challenged as illegal. See Tex. Code Cr:i.ln. Proc. AP..n. art. 11 .01
(Vernon 1977); Saucedo v. State, 795 S.~v. 2d 8,9 (Tex. At"':lp.-Houston 14 lli.st.
1990, no pet.) 11 Green, hereto attached.
aAdditiona.lly, the purpose of a pretrial habeas corpus application
is not to facilitate trial, but to stop trial and seclU'e immediate
release from confinement. 11 Elc parte Shumake, 953 s.r;~. 2d 842, 846 n. 8
(Tex. App.-Austin 19~7, no pet.).
In Nr.·. Heintz 1 s case the purpose of his pretrial habeas corpus
application is to stop the State from any further pursuit of its illegal
prosecution of Mr-. Heintz and seclU'e immediate release from restraint.
~.JHEREFOF.E, Y!t". P...eintz respectf.'ully requests that a hearing in this
matter be set.
DATED tb-i s _ _ day of June 201 S.
Applicant
Nicholas G. Heintz, Appl-icant
\ti.. thout Assistance of Connsel
22544 Ficko~ Lane
Mineola, Texas 75773
(903) 638-4383
I, Nicholas G. Heintz, bei..."lg first duly svrorn, depose a.11d state as folio-vis:
11
I have read the foregoing :i'.btion For Hearing and Siiear that the allegations
11
of fact contained therein are true and correct, accordi.."lg to rrry belief.
DATED this.___ d.ay of Ju..-·1.e, · 2015
SUBSCRiffiD AND S"WORN TO bef."ore me this ___ day of June, 201 5, by
Nicholas G. Heintz.
NOTAl.ifi' PUBLIC
C~TIFICA'l'E OF 3:2:Ir'liCE
On this _ _ day of June, 2015, the nndersigned 11.a."'1d-delivered a true and
copy of the foregoing l-'btion For Hearing to l'lr. D. :P.att B:L.'lgha.m, S:mith
County District Attorney, 100 North Broamra:y Ave., 4th Floor, Smith
County Courthouse, ~Jler, Texas 75702
4
· HOWARD v.l FindLaw Page 1 of2
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FincLaw Case1aw Texas IX Co.. ,.~_pp HOWARD v.
HOvVARD v.
?rint New Font size:
Court of Appeals ofTexas,San Antonio.
Ex parte Cory HOWARD.
No. 04-05-00157-CR..
Decided: November 23, 2005
Sitting: CATHERINE STONE, .Justice, SARAH B. DUNCAl"<, Justice, REBECCA SIMMONS, Justice. George
Scharmen, San Antonio, for appellant. Kevin P. Yeary, Asst. Crim. Dist. Atty., San Antonio, for appellee.
MEMORANDUM OPINION
In this appeal, Cory Howard seeks reversal of the trial court's denial of his application for a pretrial writ of FindLaw Career Center
habeas corpus. Because the ground asserted in the petition for writ of habeas corpus is not cognizable in a
pretrial writ application, we affirm the trial court's denial of habeas corpus relief. Attorney
Corporate Counsel
A writ of habeas corpus is an extraordinary writ. Ex parte Weise, 55 S.W.3d 617, 619 (Tex.Crim.App.2001). Academic
Judicial Clerk
"Neither a trial court nor an appellate court should entertain an application for writ of habeas corpus when Summer Associate
there is an adequate remedy by appeal." Id. Further, an applicant must be illegally restrained to be entitled to lntem
Law Librarian
habeas corpus relief. I d. "If we conclude the grounds asserted in the petition for writ of habeas corpus are not
cognizable, then we must affirm the trial court's denial of habeas corpus relief." Ex parte Schoolcraft, 107 [Search Job~ Post a Job 1 View More Jots
S.W.3d 674, 676 (Tex.App.-San Antonio 2003, no pet.).
View More
Howard is charged with committing the offense of driving while intoxicated on September 8, 2003. The
indictment alleges that Howard has been convicted of DWI on two previous occasions, January 19, 1989 and
October 14, 1991. The effect of this allegation is to change the primary DWI offense from a misdemeanor to a
third-degree felony., Howard filed a pretrial writ of habeas corpus, asserting that his previous DWI
convictions cannot be used for enllancement purposes because the statutory language permitting such
enllancement did not exist at the time of his previous convictions.. According to Howard, using his prior
convictions to increase the punishment for his 2003 DWI offense would thus violate the ex post facto
proscriptions of the United States and Texas Constitutions.
Howard's complaint is plaialy an "as applied" challenge to the constitutionality of the enllancement statute
in effect at the time of the primary DWI offense-Penal Code section 49.09(e). See Ex parte Woodall, 154
S.W.3d 698, 700-01 (Tex.App.-El Paso 2004, pet. ref d) (recognizing argument alleging that a city ordinance is
unconstitutional because it is an ex post facto law is "an 'as applied' challenge to the constitutionality of the .
ordinance."). A pretrial writ of habeas corpus, however, may not be used to address an "as applied" challenge
to a statute. Id. at 701. "As applied" challenges must be litigated in the trial court and adjudicated on direct
appeal. Id. Because the issue raised in Howard's petition for writ of habeas corpus is not cognizable in a
pretrial writ application, Howard's sole appellate issue is overruled. FindLaw's on Facebook!
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The order of the trial court denying habeas corpus relief is affirmed. for Legal ?rofess1ona!s
faceoaok ccm!fir:d!awlegalorof::sslon.s:ls
FOOTNOTES Got Gadgets?
Get ~he latest em legal t=cn ~n :=molaw'~
1. The offense of driving while intoxicated is generally a misdemeanor. Tex. Pen. Code Ann. § 49.04 Teci1nCiogi.st blog.
(Vernon 2003). The offense becomes a third-degree felony if the defendant has previously been convicted b!cgs.findlaw ::cmttechnologlst
two times of any offense relating to the operating of a motor vehicle while intoxicated. Id. § 49.09(b)(2) Need a New Take on the Nine?
(Vernon Supp.2004·200S). Read FindLaw·s Suor~me CoL:rt 3log :10W 1
ologs.findlaw com,suoreme_::ourt
., At the time of Howard's indictment for the primary DWI offense, a conviction could not be used for
purposes of enllancement if(1) the conviction was a final conviction under Subsection (d);(2) the offense for
http://caselaw.findlaw.com/tx-court-of-appea1s/1230589.html 6/13/2015
HOWARD v. I FindLaw Page 2 of2
which the person is being tried was committed more than 10 years after the latest of:(A) the date on which the
judgment was entered for the previous conviction;(B) the date on which the person was discharged from any
period of community supervision on which the person was placed for the previous conviction;(C) the date on
which the person successfully completed any period of parole on which the person was released after serving a
portion of the term to which the person was sentenced for the previous conviction; or(D) the date on which
the person completed serving any term for which the person was confined or imprisoned for the previous
conviction; and(3) the person has not been convicted of an offense under Section 49.04, 49.05, 49.06, 49.065,
49.07, or 49.08 or any offense related to operating a motor vehicle while intoxicated within 10 years of the
latest date under Subdivision (2).Tex. Pen.Code Ann. § 49.09(e) (Vernon 2003). By contrast, at the time of
Howard's conviction for DWI on October 14, 1991, a conviction could not be used for purposes of enhancement
if:(1) the conviction was a final conviction under the provisions of Subsections (g) and (h) of this article and
was for an offense committed more than to years before the offense for which the person is being tried was
committed; and(z) the person has not been convicted of an offense under Subdivision (2), Subsection (a),
Section 19.05, Penal Code, or Article 67011-1, or Article 67otl-2, Revised Statutes, committed within 10 years
immediately preceding the date on which the offense for which the person is being tried was committed.Act of
June 16, 1983, 68th Leg., R.S., ch. 303, § 3, 1983 Tex. Gen. laws 1568, 1576, repealed by Act of June 19, 1993,
73d Leg., R.S., ch. 900, § 1.15, 1993 Tex. Gen. laws 3586, 3704.
Opinion by CATHERINE STONE, Justice.
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GREEN v. STATE I Findlaw
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Findlaw Caselaw Texas TX Ct.l'pp. GREEN v. STATE
GREEN v. STATE
Print Font size: A A Reset
Court of Appeals ofTexas,Fort Worth.
Edward Jerome GREEN, Appellant, v. The STATE of Texas, State.
No. 2-98-553-cR..
Decided: July 22, 1999
Panel 0: DAY, LIVlNGSfON, and DAUPHINOT, JJ. Chris Raesz, Denton, for Appellant. Bruce Isaacks,
Crim. Dist Atty., Pamela J. Moore, Gracie Rodriquez, Chance Oliver, Asst Disl Allys., Denton County,
Matthew Paul, State Pros. Atty., Austin, fur Appellee.
OPINION
FindLaw Career Center
Appellant raises two points alleging that the trial court erred in denying the relief sought in his pretrial
application fur writ of habeas corpus. We dismiss furwantofjnrisdiction. Attorney
I
Corporate Counsel
background Academic
Judicial Clerk
Summer Associate
Appellant was charged with evading detention. He filed a pretrial application fur writ of habeas corpus
lntem
alleging that the provision under which he was charged, penal code section 38.04. is unconstitotionallyvague.
Law Ubrarian
tex. Penal Code Ann.§ 38.04 (Vernon 1994&Vemon Supp.1999). On September9, 1998, the trial court
held a hearing and denied appellant relief. On November 2, 1998, appellant then entered into a plea-bargain iSean:h Jobsj Post a Job View More Jobs
agreement in which he pleaded nolo contendere in exchange fur 45 days' confinement.
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Discussion
There are two ways a defendant can challenge, in the trial court, the facial constitutionality of a statute.
Appellant may file a pretrial motion asking the trial court to declare the statute unconstitutional. See, e.g.,
Williams v. State, 937 S. W.zd 479, 491 ffex.Crim.App.19'}6) (addressing on appeal the claim that the trial
court erred in failing to grant the defendant's pretrial motion to declare death penalty scheme unconstitutional).
When a defendant files a pretrial motion, any ruling on the motion is interlocutory, and is not subject to
immediate appeal. See Ex parteApolinarv. State, 820 S.W.2d 792. 794 (Tex.Crim.App.1991); McKown v.
State, 915 S.W.2d 16o, 161 ffex.App.-Fort Worth 1996, no pet); see also Scottv. State, 158 Tex. Crim. 69, 2S3
S.W.2d275, 276 (1952) (interlocutory orders not appealable).
The other procedure fur challenging the constitutional validity of a penal code provision before trial is "ia a
pretrial application forwritofhabeas corpus. See, e.g., Ex parte Boetscher, 812 S.W.zd6o0, 6o1
ffex.Crim.App.1991); Ex parte Meyer, 172 Tex. Crim. 403, 357 S.W.zd 754. 756 (1962). In fact, the very
nature of the claim that appellant makes here-that a statute is unconstitutionally void fur vagueness-has been
addressed on appeals from pretrial applications furwritofhabeas corpus. See Ex parte Anderson, 902S.W.zd
695, 698 (Tex.App.-Austin 1995, pel refd); Ex parte Luster, 846 S.W.2d 928, 930 ffex.App.-FortWorth 1993, Involved in a Car Accident?
You may be entitled to compensation! Click
pel ref d); Ex parte Guerrero, 811 S.W.2d 726, 727 ffex.App.-Corpus Christi 1991, no pel). When a trial court
for more info:
denies relief from a pretrial habeas corpus application, the applicant may take immediate appeal. See Ex parte Consumerlnjury .com
McCullough, 966 S. W.zd529, 531 (Tex.Crim.App.1998); Waldiev. State, 923 S.W.2d 152,157 ffex.App.-
Injury Claim?
Beaumont 19'}6, no pet}.
You may be entitEd to compensation! Ctick
for detais:
In this case, appellant chose to challenge the validity of section 38.04 by filing a pretrial application fur writ of Consumerlnjury. cam
habeas corpus, instead of a pretrial motion to declare section 38. 04 unconstitutional. The trial court, after a
Have a Personal Injury Claim?
hearing, denied the requested relief. TherefOre, the trial court's denial was immediately appealable. See Med Mal•.Car Accident, WOrkers Comp
McCullough, 966S.W.2dat531; Waldie, 923 S.W.zdat157. claims handled_ Clck for more info:
Consumerlnlury .com
Under the rules of appellate procedure, appeal must be pezfected within 30 days of the date the appealable
order is entered. Seetex.R.App. P. 26.2(a)(1).1 There was no motion fur new trial, thus appellant's notice of
appeal from the order denying him habeas relief was due on or before October 9, 1998. Appellant filed his
notice of appeal on Nm-ember 4. 1998. TherefOre, appellant's notice of appeal is untimely and does not invoke
·----- -·--tliis coUrt'S appeiliirejuti.Saiction tegiifiling-the1riah:omt's-ordet-on thepretrial-applieation fer writ ofb.abeas----- _ --·---·---------·--------- _____ c:__ _
corpus. See Olivov. State, 918 S.W.2d519, 522 (Tex.Crim.App.19¢). 0``
.. ----lL..- ---.-£. -c -----•-t4~.A7......_1 v
611.312ll15 GREEN v. STATE I Firol.aw
,·
Appellant's notice of appeal, however, is timely regarding the final judgment entered on November 2, 1998.
But, because appellant entered into a plea bargain, he must meet the special notice requirements of rule 25.2(b)
(3). tex. R.App. P. 25.2(b)(3). Appellant does not appeal a jurisdictional issue, nor has the trial court granted
hint pennission to appeal. See id 25.2(b)(3)(A), (C). Thus, in order to appeal his conviction, appellant's
notice must truthfully state that the substa.D.ce of his appeal was raised by written motion and ruled on before
trial. Appellant's notice does not, and in filet can not, meet this requirement.
We recognize that appellant's notice of appeal states that the substance of the appeal was raised by written
motion and ruled on before trial. For this to be true, however, the pretrial habeas corpus application must be a
"written motion" as contemplated in rule 25.2(b)(3). Our review of applicable law re"eals that it is not.
A pretrial motion is to be filed at a pretrial hearing conducred pmsuant to article 28.01 of the code of criminal
procedure. tex.Code Crim. Proc. Ann. art. 28.01 (Vernon 1989). At such a hearing, the defendant may file
any motions or pleadings that are by law permitted to be filed, including a motion In declare a statute
unconstibrtional. See id art. 27.02; see, e.g., Williams, 937 S. W.zd at 491. The purpose of the pretrial
hearing is to enable the judge In dispose of certain mattecs prior to trial and thus avoid delays during the trial.
See-Johnson v. State, 803 S. W.2d272, 284 (Tex.Crim.App.1990), cert. denied, 501 U.S. 1259, 111 S. Ct. 2914,
115 L.Ed.zd 1078 (1991)- Rulings on pretrial motions are interlocutory and not subject to immediate appeal.
See Scott, 253 S.W.2dat275·
A habeas corpus action is separate from the proceeding out of which it arises and its purpose is vastly
different. Habeas corpus is by definition an extraordinary writ in which the restraint of one's b"berty is
challenged as illegal. See Tex. Code Crim- Proc. Ann. art. 11.01 (Vernon 1977); Saucedov. State, 795 S. W.zd
8. 9 (Tex.App--Houston [14th D!st.] 1990, no pet.). As oneofoursistercourts has noted:
Habeas corpus proceedings are separate and distinct proceedings independent of the cause institnted by the
presentation of an indictment or other forms of the State's pleadings. Such habeas corpus proceedings should
be docketed separately from the substanti"e cause and gi\'en a different cause number. An appeal from an
order denying relief is not an interlocutory appeal from the substantive cause arising out of an indiclnlent,
felony information, or complaint and information.
Ex parte Shumake, 953 S.W.2d 842, 846 n- 8 (Tex-App.-Austin 1997, no pet.)_ Additionally, the purpose of a
pretrial habeas corpus application is not to fucilitate trial, but to stnp trial and secure immediate release from
confinement.
Because of the inlportant differences noted, we conclude that a pretrial application for writ of habeas corpus
is not the same as a matter "raised by written motion and ruled on before trial" for the purpose of rule 25.2(b)
(3)- Here appellant opted tn file a pretrial application for habeas relief_ He did not immediately appeal the
order denying hint relief_ Appellant then pleaded nolo contendere without filing any pretrial motions. Thus,
while appellant's notice of appeal textually reflects compliance with rule 25.2(b)(3)(B), the statement is
inaccurate because there are no pretrial motions in this case. Appellant therefore fuils tn meet the special
notice requirement of rule 25.2(b)(3)(B) and, as a result, fuils In in"uke this court's juriSdiction over the
judgment and sentence in this case See Long v. State, 980 S.W.zd 878, 878 {Tex.App.-Fort Worth 1998, no
pet.).
Conclusion
Because any purported appeal from the order denying habeas relief is untimely and because appellant otherwise
fuils to invoke our appellate jurisdiction, we dismiss this appeal for want ofjurisdiction.
FOOTNOTES
1. If there is a motion for new trial, appeal must be pertected within 90 days.
SAM J. DAY, Justice-
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htiD://caselaw.firdaw .com/lx-court-of-aooeals/1079647 .hbnl 'll:
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~I :1
7TH JUDICIAL COURT
APPLICATION for EXTRAORDINARY WRIT of HABEAS CORPUS in HEINTZ
IN THE S.l:'..V ~.NTH DISTRICT CRIMINAL COURI', SMITH Comm 'l'.EUS
To the Honorable Kerry L. RUSSEI.r., judge of said court
Applicant, defendant, Nicholas G. Heintz, in Cause No. UNINDITCED, respect:f.'ul:cy-
moves the court .for leave to file a writ o.f habeas corpus and to grant that writ.
Applicant .further respectf.uJ,.ly lllQV~s the _court for expedited he~ and
expedited consideration o.f this writ.
In support, Applicant would show:
STATEMENT OF CASE
1 • Applicant Heintz was l.mlawfully arrested on 2 October 2014 and con.fined in
the Smith County jail by Larry R. Snri:th, Sherif.f of Smith County, Texas.
See. EK. A, ARREST WARRANT dated 2 October 2014.
2. Heintz is charged m:tb. the felony offense, Cause No. UNINDICTED, of Failure
to Register as a Sex Offender, "because of a reportable conviction out of
. I
the State of ·utah. 11 Ex:. A.
-.....~ ______ ... ---
3. Heintz was held with bail set at $Soo,ooo.oo. See. EK. B, Jail Record Detail
dated 2 October 2014.
h. On 14 October 2014 Heintz "i-Ias compelled to register as a sex offender by
Detective James Riggle and Deputy Jerilynn Scott of the Srn:i:th County
Sheriff'' s Office. See. Ex. c, Pre-Release Notification Form dated
14 October 2014.
5. Heintz was brought before this court on 17 October 2014 where bail ivas
ordered reduced to $100,000.00 -vri.th conditions. See. Ex. D, court Order
and Special Conditions of Bond dated 17 October 2014.
6. On 18 October 2014 bond was posted and Heintz was released. See. Ex. E,
contractual agreement/rules and conditions of bond dated 18 October 2014.
7 • Heintz appeared before this court on 1 0 November 2014 where it was ordered
Special Conditions of Bond be modified to allow Heintz contact with his
ndnor s_on a,p.d_ allow _oltt-:_Q:f-:~tCl.t~,_ ~:mploymeilt_-_~_l,_C!ted "t!"Cl_"?.:el!_ ~!- ~. F.,
court Order dated 10 November 2014.
8. Heintz appeared before this court on 30 January 201 S for "Roll Call", and
where it was ordered: 1) conditions of bond be modified to allow Heintz
"contact with his child only"; and, 2) that Heintz report monthly to
Pre:...Trial Release Officer and submit to randum drug testing. See. Ex:. G,
court Order dated 30 January 201 5.
9. On 12 February 2015 Heintz wrote defense attorney Huggler, and requested
he file appropriate pleading with the court to have case against Heintz
dismissed. See. Ex. H, handwritten letter to Huggler dated 12 February 2015.
2
.,
1o. Heintz informed Huggler of medical condition which inhibits Heintz from
maintaining full-time employment. EK. H.
11 • On 2 Mu-ch 2015 Roger N. Fowler, MD finds Heintz permanentzy disabled.
See. Ex. I, ~dical Release/Physician's statement dated 2 Mu-ch 2015.
12. On 16 M:!.rch 2015 Heintz delivered copy of Dr. Fmvler's 2 &.rch 2015
Medical Release/Physician's Statement to Huggler's office.
1. The power of the court to set bail may not be used as an "instrument of
oppression." TEX. CODE GRIM. PROC. art. 17 .15. Considering the innocuous,
noi!o"ID.olent,.victimless nature of offense charged; that HeL."'ltz vras gain.fully
employed; and, that prior to his arrest Heintz resided ;;-lithin Srrith County
for a yea:r and a half (1 1/2) w.i.thout incident, bail, even at the reduced
rate, is unconstitutionally excessive.
2. As set forth in the S:i.x'"vh Amendment to the U•. s. Constitution, Heintz is
entit led to effective assistance of counsel during all stages of the
proceedings against him.
3. That Heintz 11 intentionally and knowingly failed to register as a sex offender"
(Ex. A), as charged, is groundless. See. Ex. J, handwritten letter of Heintz
to Vincent Castilleja, TXDPS, dated 6 July 2012.
4. " As a result of his term of supervision end:i.ng on 1 0-1h/81, this individual
would not be required to register in Texas. " See. Ex. K, email response
of Eddie Contreras, TXDPS Sex Offender Registration Bureau, Training
Specialist lit dated 1 November 2012.
3
I
5. Contention of Smith County Sheriff 1 s Office that Heintz neglected to inform
Texas registration authority of utah conviction named in Arrest Warrant
(EK. A) is 1ri.thout merit. See. EK. L, email correspondence of Heintz to
Bexar County Registrar, Sandra Hernandez dated 14 November 2012.
6. Utah 11 EXPIRATION OF PRISON SENTENCE FOR HIS 1983 COl'WICTION C01JRT CASE
# 831916801 ON 11/23/1999 with a ten year registration requirement to
11/23/2009. 11 See. Ex:. I-I, Statement of Susan Brown, Case Y.anager, Uta.1-J.
Sex Offender Registration Program dated 1 July 2010.
7. Per Texas Code of Crim:i.P...al Procedure, Art. 62.0)2(b) 11 The duty to
register for an extrajurisdictional registrant expires on the date the
person 1 s duty to register v.rould expire under the laws of the other state. 11
8. 11 One accused of a cr:i..t'1Je is entitled to have his guilt or innocence
determined solely on the basis of the evidence introduced at trial.n
Taylor v. Kentucky, 436 U.S. 478, 93 S. Ct. 1930, 56 L. Ed 2d 468, 1978.
To require Heintz to register without Indictment, 1-Jithout a trial and
-
without a conviction is a direct violation of this Constitutional
Safeg;uard.
9. A Constitutional Violation egregiously aggravated blf Sr.~th County having
no legal authority to have arrested Heintz for the offense charged in that
alleged registration obligation statutorily expired. Utah Code Annotated,
77-27-21.5.
1 o. Over seven (7) months have now elapsed in unlawful confinement and restraint
of Heintz awaiting lawfully unobtainable L~dictment.
4
RELIEF REQUESTED
WHEREFORE, applicant Heintz respectfully requests that the Court grant this
application for extraordinar,r writ of habeas corpus and upon conclusion
thereof dismiss the ·Hrong.ful charge against Heintz and release him from
further unlawful restraint. In the event a hearing in the matter is deemed
necess~J applicant additionally requests that the Court appoLDt him an
attorney because applicant is indigent and no longer able to afford private
cm.msel.
DATED this_ _ day of :Yay 201 5.
Applicant
Nicholas G. Heintz, Applicant
Without Assist``ce of Counsel
22544 Hickory Lane
Mineola, Texas 75773
(903) 638-4383
AFFIDAVIT
I, Nicholas G. Heintz, being first duly sv-rorn, depose and state as follows:
11 I have read the foregoing application for extraordinary writ of habeas corpus
and svrear that the allegations of fact contained therein are true and correct,
according to my belief. n
DATED: May 6, 2015.
SUBSCRIBED AND SWOIDT TO before me this_.__ day of Ivb.y, 201 5, by
Nicholas G. Heintz.
5
CERTIFICATE OF SERVICE
On 6 Yay 201 S the undersigned hand-delivered a true and exact copy of the
foregoing Application for ExtraordinarJ writ of Habeas Corpus in Heintz to
Mr-. D. i\'Ia.tt Bingham, Smith County District Attorney, 100 North Broad1vay Ave.,
4th Floor, Smith County Courthouse, ~ler, Texas 7S702.
THE STATE OF TEXAS )( CASE# 2014-23432
COUNTY OF SMITH )( ARREST WARRANT
AFFIDAVIT
BEFORE ME THE UNDERSIGNED AUTHORITY ON THIS DAY PERSONALLY APPEARED THE
UNDERSIGNED AFFIANT WHO AFTER BEING DULY SWORN UPON OATH DEPOSES AND
SAYS: MY NAME IS JERI LYNN SCOTT, AND I HAVE GOOD REASON TO BELIEVE THAT ON
OR ABOUT THE 1ST DAY OF OCTOBER2014, HEINTZ, NlCHOLASGEORGE, W/M, 12-5-1953,
A.K.A. BANNER NICHOLAS VAUGHN AKA 12-05-55, DID THEN AND THERE COMMIT THE
OFFENSE OF FAILURE TO REGISTER AS A SEX OFFENDER, A THIRD DEGREE FELONY, 62.l02
(b) (I) CCP, IN THAT HE DID THEN AND THERE:
WHILE BEING A PERSON REQUIRED TO REGISTER WITH THE LOCAL LAW ENFORCEMENT
AUTHORITY IN SMITH COUNTY WHERE THE DEFENDANT RESIDED OR INTENDED TO
RESIDE FOR MORE THAN SEVEN DAYS, TO WIT: SMITH COUNTY, BECAUSE OF A
REPORTABLE CONVICTION OUT OF THE STATE OF UTAH FOR THE OFFENSE OF SEXUAL
ABUSE OF A CHILD 2N° DEGREE CAUSE NUMBER 831680, COUNTY OF SALT LAKE UTAH,
WHICH CONTAINS ELEMENTS THAT ARE SUBSTANTIALLY SIMILAR TO THE ELEMENTS OF
INDECENCY WITH A CHILD SEXUAL CONTACT UNDER THE LAWS OF THIS STATE,
INTENTIONALLY OR KNOWINGLY FAILED TO REGISTER.
MY BELIEFS ARE BASED ON THE FOLLOWING FACTS AND INFORMATION:
10-2-14, AFFIANT RECEIVED INFORMATION FROM PRECINCT #4 CONSTABLES OFFICE,
DEPUTY SHANE SCOTT REQUESTING AFFIANT TO CHECK NICHOLAS GEORGE HEINTZ,
W/M; 12-5:.53, "f() SEE IF HE WAS A RE...,. ~ .... ``.
"'"'~-
-- ··----·· ----
Address or description of the geographical location where person notified expects to reside:
~---
~---------- ----- · · - . - ·- --~- --------
-(Fulf street aaoress, city, state, ztp code) 2526 LAMONT DR TYLER, TEXAS 75708
C~ap)er 62, Code of Criminal Procedure. requires me to register as a sex offender. I under5t....:..IS=O=-----------------------------­
Ag~n7y Address/City/State/Zip:
7J..Kif I have a juvenile probation officer, community supervision and corrections departm~nt officer, or parole officer and I do not move to an intended
, /esidence, I must report to my supervising officer not later than the 7th day after the date I was released.
1lJi_ Registration: I am required to register with the local law enforcement authority in any municipality (chief of police) where 1reside or intend to resi
for more than seven days. If my residence is not in a municipality, I must register with the local law enforcement authority of the county (sheriff) whet
reside or intend to reside for more than seven days. Registration must be completed not later than the 7th day after the date of arrival in the municipal
or county. The local law enforcement authority or the centralized registration authority, as designated by a commissioner's court, in the municipality
_., _;;ounty I reside in will be my primary registration authority. The duration of my duty to register is for the period of time indicated above.
~Periodic Verification of Registration: I must personally appear at my primary registration authority and verify my registration information annua
f!Nery 90 days. or every 30 days, as indicated above. ·
ny Additional Information as required by the Department: I am required to report to my primary registration authority any additional informal
required by the Texas Department of Public Safety including, but not limited to. blood type. nearest relative's name and address. and the indentifi
tion of any vehicle to which I have access. _ ·
7}~hange of Address: Not iater than the 7th day before I move to a new residence in this state or another state. 1 must report in person to my prirr
registration authority and to any ·:;ammunity supervision and corrections department officer, juvenile probation officer. or paroje officer supervi~
me and inform that authorlt'f and officer of my intended move. If my new residence is located in this state. not later than the 7th day after chang-
ing address, I must report in person and register with the !veal law enforcement authority in the municipality or county where my new residence is
located. If my new residence is located in another state, not later ihan the 10th day after the date I arrive in the other state, I must register with the
law enforcement agency that is identified by the Texas Department of Public Safety as the agency designated by ttlat state to receive registration
information. If 1do not move to an intende,d residence, not later than the 7th day after my anticipated move date, l shall ;epo.-·t to riTf prir..a.~; registra-
tion authority and to :my super1ising. officer supervising me.
~Lack of Address: If I lack a physical addreils assigned by ~ governmental entity, I must provide to the local law. enforcement authority a detailed
description.otthe geographicall~Qf! ~ ~ resi~_oc intend to reside for more than 7 days.! must report in person to the local taw enforcement
authority not less than once in ~h 30 day period to confirm· my location until a physical address can be provided. ·· ·· · ·
1~exas DU\D Requirement: Not later than the 30th day after the date 1 am released from a penal institution/placed on community supervision or
iuvenile probation, I shall present t:hjs notice to the appropriate Texas Department of Public Safety, Driver License Office, and aooly for the issuance of
as agglicab1e an annual!y renewabie Texas driver license or per~nal identifieation certificate. Failure to apply for an annually renewable driver license
or personal identification certificate wiB result in the r8'10Cation of any existing license or certificate issued by the Texas Department of Public Safety.
1shall maintain an annually renewable driver license or personal identification certificate for as long as I am required to register.
} 7~tatus Changes: Not tater than the 7th day after the date of the·change,! shall report to-my primary registration authority any ehaflge in the follow-
ing: my name (includes a request for name change and a denial of a request), my physical health (includes hospitalization), job status (includes be-
_ginning. and leavinQ..~I11QlQY!I1E!nt ~93i:I.!JI'l9!f}9 "!i~rj( l_~on!i),_ ':iucation
in this state, I must notify the authority for campus security for the institution and my primary registration authority of that fact not later than the 7th day
after the date I begin to wo£1( or attend school at the inStitution. If I stop wofl(ing or attending school at an institution of higher education. I must report
that fact to the authority for campus security and my primary registration authority not later than the 7th day after the day I stop wor\(ing or attending
school at the institution. If the institution of higher education does not have an authority for campus security, I must provide the required notice to the
local law enforcement authority of the municipality or county in which the institution is located. If the institution of higher education is located in an-
other state, I must notify any authority for campus security for that institution not later than the 10th day after the date I begin to work or attend school.
n?f'Workers and Students: If I reside outside of this state and intend to work or attend school in this state, not later than the 7th day after the date I
begin to work or attend school, I must register and verify registration with the local law enforcement authority in the municipality or county in which
1work or attend school. If I reside iri this state and work or attend school in another state, I must register with tfte law enton::ement agency that is
_-· .,.y identified by the Texas Department of Public Safety as the agency designated by that state to receive registration information not later than the 10th
after the date I begin to work oc attend school.
-':];lCVisiting Locations: If on at least 3 occasions during any month 1spend more than 48 consecutive hours in a municipality or county other than the
municipality or county I am registered in, I must report that fact to the local law enforcement authority of the municipality or county ! am visiting. This
notice must be provided before the last day of the month the visits occur. .
~ostcard Notification Costs: if i am assigned a Hi~ risk level or am civilly committed as a sexually violent offender. I shall reimburse the Texas
0 t • I n11'tt .,t Pt tf 6 tfjlf II
adjudication of delinquent conduct).
' . n"·
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I") :1: .,, =f ru':"h =• !fl;t a;:pl" Mill 'D al!l
~ocal Law Enforcement Authority PoHcleS: Air registrations, verifications, and notifications must be pro~ided in person within the time periods -- ·- ·
indicated above. If I appear within a time period indicated above and the local law enforcement authority instructs me that thetr policy requiras me
to appear at a later date, I will appear on that later date to register, verify, or to provide a notification, as applicable.
7JJt(r,NA Specimen: A person required to register under this chapter shall comply with a request for a DNA specimen made by a taw enforcement
Jgency ur.der Section 411.1473, Government Code.
1"JN Criminal Penalties: !\.'i'f failure to comply with any requirement imposed upon me by Chapter 62, Code of Criminal Procedure. is a felony offense-
Further, if I am on parole, community supervision, or juvenile probation. my failure to comply with any requirement imposed upon me by Chapter 62.
Code of Criminal Procedure may result in the revocation of my parole, community supervision, or juvenile probation.
R
T
10/14/2014 .
Date T -;.~
--:'}::_
H
SID# -.,-,-=c;;;;:-"'"~=-::-:::-::-::-:=:-c- _ _ Offender Refused to Sign _._Offender Unable to Sign U ~':~.f.·-~.;,;;· .
·- ,``:;,-~:t·,·n``~:!:-i;~2nb~ ~:a:````S~t``;``~i````;~i````-ch-;~r 62:-c:c:P... -----·-·--~·-··~· -~:: ~ ~-·...-.... _ _ _ _ _ _·_ _ __.
~
\ '
10/14/2014
Date of notification
SMITH COUNTY SHERIFF' S OFFICE (903) 590-2680
Nar'le •.Jf noti~;ing agency Agency telephone number
?lease keep a copy "f this form for your records. Please provide r9gistrant with a copy of this form.
Forward a copy to the intended primary registration authority. Fax completed form to DPS, Sex Offender Compliance Unit, at .512/424-5434
Mailofiqinai to· S~x Offender: Ragistration.Prognm, Texas. Department of Public Safety- MSC 0230, Po SOX "143, ot.ustin, TX 78765-4143
EKJ!IBIT liD II
OCT 17 ·z. i
CAUSE NO:
14-"'Mb-f\ . . ~-
STATE OF TEXAS 1 IN THE 7'" JUDICIAL DISTRICT
I
VI. I COURTOF
I
NICHOLAS HEINTZ I SMITH COUNTY. TEXAS
ORDER
WRIT OF HABEAS CORPUS FOR
MOTION TO RIDYCE BOND
on lhl• J:l!:.Y a1 (!)G+Jnc , 2014, came on to be heard the
Writ of Habeaa Corpua for Motion for Bond Reduction for the above entitled and numbered
causa and It appears to the Court that said motion should be(§""RANT§II!Pfi!B.• H~- J
Dll'r'nr~rw~
IT li.iFO"'-ORDERED lhat lhe Dalendenl'a bell be aatat 'l":'enly Fi,..
``--/
Thouaand ) Oollara for the Fall to Comply with Sax Ofhlnder Ragiatratlon
Llfi/Annuany otrenae. ~ v1 ``(fitr.7
--
R II tiiEAIF8RE 8R81RI8 ttllat U'la ;a.. A'Itanra hau be tet et S
aunars tar ml Fill to camPlY With SD Oifindir kiQiaa lttUt' l:lf:tiJeAAua"v C?ffcna•, •
•
CAUSE NO. UNINDICTED
THE STATE OF TEXAS §
vs. §
NICHOLAS HEINTZ §
Offense: FAIL TO COMPLY WITH SEX OFFENDER REGISTRATION
Bond Set: $100,000.00 with Conditions
SPECIAL CONDITIONS OF BOND
The Court ORDERS that any bond posted by the Defendant in this cause shall also include the requirement that the Defendan1agree to
comply fully with these terms and conditions of bond:
1. Have no contact with minor children unless at least two other adults are present.
2. Do not go on the premises of or patronize sexually oriented establishments. Do not purchase, own, or possess pornographic materials.
3. Do not reside in a household where any minor children live without written permission of the Court.
4. Do not supervise or participate in any program that includes as participants or recipients persons who are 17 years of age or younger and
that regularly provide athletic, civic, or cultural activities. Do not reside, go in, on, or within 500 feet of a premises where children commonly gather,
including a school, day-care facility, playground, public or private youth center, public swimming pool, Olideo arcade facility, unless permission is
obtained from the Supervision Officer or Court.
5. Do not accept or maintain employment which will bring you into direct contact with minor children without written approval by the Court.
6. The Defendant is ORDERED not to use, possess or consume any alcoholic beverage, illegal drug or narcotic as a condition of this bond.
7. The Defendant is ORDERED not to possess at any time or place a firearm, explosive device or ammunition.
8. The Defendant is ORDERED as a condition of bond to obey the law.
9. The Defendant is ORDERED as a condition of bond to remain in the United States of America.
10. If the Defendant violates any of the provisions of these conditions of bail/bond the Court may order ex-parte that this bond be revoked and
order the Defendant arrested and a new bond be setby the Court.
11. The Defendant is ORDERED to immediately report the Adult Probation Department, Pre-Trial Release Officer locatedat 217 East Line
Street, Tyler, Texas 75702 upon release from the Smith County Jail and remain there until he/she receives his/her supervision instructions in thi~
matter.
12. The Defendant shall submit to testing on a weekly basis for the presence of a controlled substance in the Defendant's body. The Defendan
is ordered to report to the Smith County Community Adult Probation Department located at the Smith County Office Building in Tyler, Texa:
immediate/yand submit to a test on a weekly basis for the presence of a controlled substance in the Defendant's body. lfthe Defendant fails to repor
and/or submit to such testing for controlled substance or the test indicates the presence of a controlled substance in the Defendant's body, the Cour
may order ex-parte that this bond be revoked and order the Defendant arrested and a new bond set by the Court. The Court orders that the cost o
such testing be paid by the Defendant prior to testing.
13. The Defendant is ORDERED as a condition of the bond that · e Defend a shal ~-ithin 3 days report. to~ mith County Sheriff
Department to provide one or more specimens for the purpose of ere ng a DNA r~ord. b7
~
SIGNEfiiiiGINAi"' of Octobec,
201
HONO~ RRY L USSELL I .
Judge, . 'Judicial District Court of Smith County, Texas
,I .
I, THE ABOVE NAMED DEFENDANT. UPON POSTING OF THE ABOVE T UT BOND AMOUNT, NOW HEREBY ACKNOWLEDGE THAT I HA\1
RECEIVED A TRUE AND CORRECT COPY OF THE ABOVE AND FOREG~Iti.G CONDITIONS OF SAID NO. .AVE READ SAME, I UNDERSTAI'
THESE TIONS, I READ AND UNDERSTAND THE ENGLISH LANGU~E,AND I EXPRE SLY AG DE STRICTLY BY THOSE TERIV
ANDQOND NO.
I
- ·7'-
Current Address with Zip Code ``
Phone Number ( fp/,3 )_~:!..-3_f5_-_i.f,._,~_,_o_ _ _ __
EXHIBIT 11E 11
or
+
o~ Bail Bond - NICHOLAS HEINTZ
~
Surety Bail Bond #414845 Warrant: JS-10-2-14F 7th District Court
Bond Company:Bad Boy Bail Bonds Cause No.: Date: 01/30/2015
Principal: NICHOLAS HEINTZ JaiiiD: 318879 Time: 8:30AM
Completed: Oct 18 2014 7:35PM 50#: 167319 Place:
Phone:
Agreement:
Know all men by these presents, that we, NICHOLAS HEINTZ, as principal, and the undersigned
Bad Boy Bail Bonds as sureties, are held and firmly bound unto the STATE OF TEXAS, in the penal sum of
$100,000.00 Dollars and, in addition thereto, we are bound for the payment of all fees and expenses that
may be incurred by any peace officer in re-arresting the said principal in the event any of the hereinafter stated conditions of
this bond are violated for the payment of which sum or sums well and truly to be made, we do bind ourselves, and each of us,
heirs, executors, and administrators, jointly and severally.
The conditions of this bond are that the defendant was ~rrested on 10/02/2014 and has been charged with
FAIL TO COMPLY WITH SEX OFF REG LIFE/ANNUALLY, a Felony offense and to secure his/her release from custody
is entering into this obligation binding him/her to appear before the 7th District Court the County of Smith, the State of Texas.
Now therefore, if the said principal shall well and truly make his personal appearance
before said court instanter as well as before any other court to which the same may be transferred and for any
and all subsequent proceedings that may be had relative to said charge in the course of criminal actions based on said charge,
and there remain from day to day and term to term of said courts, until discharged by due course of law, then and there to
answer said accusation against him/her, this obligation shall become void, otherwise to remain in full force and effect.
Taken and approved: 10/18/2014 By (Deputy): BLAKE E BANNER
Surety (Owner/Agent): Bad Boy Bail Bonds (Agent, Lexington National Insurance Corporation)
Surety Employee: Eric O'Brien Richard (Bad Boy) CoSurety: LORI OLMSTEAD
Address: 1625 W. Gentry #105 Address: 173 VIRGINIA AVE.
City/State/Zip: Tyler, Texas 75702 City/State/Zip: SEBASTOPOL, CA 21593
Phone: 903-592-5555 Phone: 707-292-9613
Submitted: Oct 18 2014 7:12PM /s/ LORI OLMSTEAD
. ~t``t,JS~ (,::9mPIE'l~E!9 at Qft 1_8 f91_4 7:;3_5_pM
-----------------------------------------
Principal Identification:
SSN: XXX-XX-XXXX Address: 22544 HICKORY LN Hair: Blond
DL#/State: 37812274/ TX City/State/Zip: MINEOLA, TX 75773 Eyes: Blue
DOB: 12/05/1953 Phone: N/A Height: 5'11"
Sex: Male Weight: 170
Race: White '
<~--=:········ Right Thumb Print:
~/\ ~ i
· Y -, I ¥£ t. ·v·
Dated {
c· - j-
c• 0 c._, ~1
Signed by Principal: ____·---------,~7-------- 20 [
y
Declaration of Sureties:
THE STATE OF TEXAS
COUNTY OF SMITH
We, each of us, Bad Boy Bail Bonds and LORI OLMSTEAD pursuant to section 132.001 of the Texas Civil Practice and Remedies Code
does hereby declare under penalty of perjury that he or she is worth in his or her own right at least the sum of $200,000.00 Dollars, after
ded~cting from his or her property all that which is exempt by the Constitution and Laws of the State from forced sale, and after the
payment of all our debts, of every description, whether individual or security_debts, and after satisfying all encumbrances upon our
property which are known to us; and that the surety or agent of the surety resides in the County of Smith and has property in the State
liable to execution worth:
THE SAID Bad Boy Bail Bonds SUM OF $200,000.00 DOLLARS
THE SAID COSURETY LORI OLMSTEAD SUM OF $100,000.00 DOLLARS
BY /s/ Thomas Snoddy
this day of . 20 1 Jl
BY ``Ca.J.A;v-- DEPUTYthis+}1,___dayof QCbe~v ,20~
page 1 of 3 10/18/2014
Smith County - All Rights Reserved
Bail Bond - NICHOLAS HEINTZ
Warrant: JS-10-2-14FW-2 Court: 7th District Court
Bond Company: Bad Boy Bail Bonds Cause No.: Date: 01/30/2015
Principal: NICHOLAS HEINTZ JaiiiD: 318879 Time: 8:30AM
Completed: Oct 18 2014 7:35PM SO#: 167319 Place: 100 N. Broadway Rm 203, Tyler
Phone: 903-590-1640
Instructions:
COME BY OUR OFFICE MONDAY TO FILL OUT YOUR PAPERWORK. OUR# IS 903-592-5555.
page 3 of 3 10/18/2014
Smith County -All Rights Reserved
BAD BOY BAIL BONDS
You are required to adhere to and comply with all rules and conditions set forth in this agreement
concerning the bail bond(s) to which Bad Boy Bail Bonds has posted Sure on your behalf
regarding the char!F of ro
L- 11> (.I)HPl: ~ 5~ 0 EEl L\ FE tJVfq,L on
bond(s) dated (fl day of 0 CrDBEl?. , 20 l4 .
••
2.<,/() 1:/--nuring the term of the bond(s) you may not leave the county of your residence, the
State of Texas, or the United States without prior· express permission of Bad Boy Bail
Bonds.
3 . .,..../) r/--You must notify Bad Boy Bail Bonds within 4 hours of any changes in your
employment, home address, or phone numbers during the term of the bond(s).
5. 11r/-- A representative ofBad Boy Bail Bonds may, at anytime contac~ you by phone or
in person, at home or your place of employment during the term of the bond(s).
6. tl1i_ Failing to comply vvith the above regulations, providing false information, or being
arrested placed under arrest during the terms of the bond(s) is grounds for Snoddy Bail
Bonds to request to be released from the bond(s) and warrant(s) being issued for your
arrest. Bad Boy Bail Bonds shall not return any collateral/security if the bond(s) are
released under these circumstances.
7. 7"!7J- Bond Jumping is a criminal offense. You may be charged with Bond Jumping if
you fail to appear in court as required during the term of the bond(s). Bad Boy Bail
Bonds will not return any collateral/security if you fail to appear in court as required.
8. f1 rJ -/ I . un':1iaJ..b'tJ..
FILED
CAUSE NO. UNINDICTED
THE STATE OF TEXAS
V. DISTRICT .C.OURT IN AND FOR •
NICHOLAS HEINTZ SMITH COUNTY, TEXAS
ORDER ON MOTION ELIMINATING OR AMENDING
SPECIAL CONDITIONS OF BOND
On this the Q/.:Pt:day of \Ja.nua.r,.y , 201i came to be heard the
Defendant's Motion to Eliminate or Amending Special Conditions of Bond.
IT IS THEREFORE ORDERED that the following changes be made to Special
Conditions of Bond~
SPEClALJJPJI>ITION OF BOND NO. l!
( '~-::!;,w Defendant to have contact with his . . . .child only. .j"o1. rrJ .
(T' amended Special Condition No.1 as follows= lk111 fz
~[('fifZ ``~;'7/:dr:::d~ 1£/ {Jr
( ) all relief is denied to which the Defendant shall comply with.
SPECIAL CONDITION OF BOND NO. 12:
( V'?'t:anow Defendant to submit to teoting on a MONTHLY for the presence
of a controlled substance in the Defendant's body. The Defendant is ordered to
report to the Smith County Community Adult Probation Department located at
the S~i*NfA;~ Office Building in Tyler, Texas immediatelyand submit to a test
on a ~as is for the presence of a controlled substance in the Defendant's
body. If the Defendant fail~:; lo l'Cport and/o1· submit to such testing for controlled
substance or the test indicate~ the presence of a cont.rolled substance in the
JRN-30-2015 12:19 From:9035901641
Defendant's body, the Court may ordel' ex-parte that this bond be revoked and
order the Defendant arrested and a new bond €-;P.t by the Court. The Court orders
that the Cost of such testing be paid by the Defendant prior to testing_
( ) amended Special Condition No. 12 as follows:
( ) all relief is denied to which the Defendant shall comply with.
SIGNED AND ENTERED on this the . 20~
K-l.BIBIT ''H 11
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7
EXHIBIT 11 I 11
Texas Health and
Human Services Commission
SECTION I -TO BE COMPLETED BY STAFF
Name of Patient
MEDICAL RELEASEJPHYSICIAN'S STATEMENT
Date of Birth Social Security No.
li
I
l!J
i!J.
.
.
!Nicholas G Heintz
I 112/05/1953
I OD IJ~?--~L/1/o": /~£/~ 5'"-,-Lf
/:J6S;/ {)rrrflL 8oX: L/1'13
ijus..h>~ r /Z;
Trash (9} [Empty]
To: "shemandez@bexar.org"
Fun Headers Printable View
My Folders [Edit]
'Sponsored
Ms. Hernandez,
Please allow me describe the chronology of my Utah conviction
record:
On December 5, 1983, under the name of Nicholas Vaughn Banner, I
GreaterTexasHonda!)ealers
N- 2014 Honda Accord was arrested by the Salt Lake County Sheriff's Dept. on charges of
Specials Sexual Abuse of a Child, Count I, and Sodomy Upon A Child, Count
II. Note: this is a contrived offense; it never actually occurred.
The case initially came to trial before a jury on Dec. 4 and 5, 1984,
where I was found guilty on both counts as charged and sentenced to
prison.
In April !986, the Utah Supreme Court unanimously reversed the
conviction and remanded the case to trial.~- State v. Barurer, Utah,
717 P.2d 1325 (1986).
The case was re-tried in June of 1986, before a jury, where I was once
more found guilty of Count I, Sexual Abuse of a Child; however,
found not guilty ofSodomy·I:Jpon ~Child, Count· II.
I expirated my term of imprisonment on November 23, 1999, and on
that date was released. Per Utah law I was required to register during
the sentence and for a period often (10) years after release. See.
Utah Code of Criminal Procedure, Sec. 77-27-21.5 (9) (a) "Except as
provided in Subsections (9) (B) and (c), a sex offender shall, for the
duration of the sentence and for ten years after termination of sentence,
register an'nually ... "
The statutory period of registration ended on November 23, 2009.
This is the reason why the Arizona Notice of Registration you pulled
up from the Internet that first day we spoke over the phone did not list
the Utah conviction, because the registration requirement for that
conviction had already been satisfied. It is a moot issue.
The same standard would also apply here in Texas. See. Texas Title
I. Code of Criminal Procedure, CHAPTER 62. Sex Offender
Registration Program, Art. 62.052 (b) "The duty to register for an
extrajurisdictional registrant expires on the day the person's duty to
register would expire under the laws of the other state.. ."
I hope the foregoing information is helpful. I'll await to hear back
from you once the authorities in Austin have had an opportunity to
review the matter.
Please know I am not what my past record makes me out to be. I did
have some issues over the death of my father when I was a boy of II
that were inappropriately manifest as a young adult. That was a long
time ago; I got through it, grew up and moved on with my life.
https:/ /us-mg5 .mail.yahoo.com/neo/b/message?search= 1&s=Hemandez&startMid=O&sor... 10/22/2014
l ~, \J. flClUl.£. - '-'IO'HL - .l U.l..lVV L • .I.(,.LI..l
• Hernandez.PublicR I will be 59 next month. I want only to provide for myself and family
ecords.com the best wey I know how. I am here in Texas to live and to work ---
not here to commit crimes or cause any trouble at all.
Thanks again for your time and kind, fair-minded understanding.
Nick Heintz
Compose Delete Reply Reply .1\11 Forward Actions ! Apply i Back to Search Results
https://us-mg5 .mail. yahoo.com/neolb/message?search= 1&s=Hemandez&startMid=O&sor... 10/22/2014
EKHIBIT 11W'
.. PAGE 10/64
07/68/2616 16:17 5264553159 ELOY POLICE
01101 2010 15:32 FAX UI SOR ~001/00$
•
UTAH STATE DEPARTMENT OF CORRECTIONS
Gary R. Herbert. Governor. State of Utah
Thomas Patterson, E;xecutive Director
UTAH SEX OFFENDER REGISTRATION PROGRAM
14717 MinUteman Drive, Draper. UT 84020 801-495-7700
DATE: Thursday~ 07/01/2010
FROM FAX NUMBE(t: (301)495-7719
TO: Oet. Tonya Quintana #1037
LOCATION~
FAX#:
FROM: SUSAN BROWN ( 801) 495-7711
LOCATJON: Sex Offender Registration Program
NUMBER OF PAGES (Including this cover sheet): 6
RE; Nietiotas Va~hn BANNER (DOB 12lo5119Ss)
Attached isnfrom our--sex Offender Website (www_oorrections.utah~gov) left side, Click oh
SONAR Also a copy of our computer notes on trying to loc~te this offender.
FYI: EXPJRATION OF PRISON SENTENCE FOR HJS 1963 CONVICTION COURT CASE#
831916801 ON 11/2311999 with a ten year reg-istration requirement- to 11/2312009, however he
has been NON COMPLIANT in UT since Qefure 2005. These offender was convicted sex of
Crimes in CAin the 1970s and 1980 and in OR in 1977 tin_der.the name of Nlchoias George
HEINTZ, dob as 12/0511953~ .rece_iv~ information from CA that the offender under the name of
Nicholas G. HEINTZ, is required to register for UFE as a sex offender in CA
Respectfully,
Susan Brown
Case Manager- Sex Offenders with last names A, s: or C
susanbrown@utah-.gov ·
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Redacted Copy - L. McDermott 7-9-10 000008