Pegues, Jason Tyrone ( 2015 )

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MR. JASON T. PEGUES #728196
HUNTSVILLE UNIT
815 12th STREET
HUNTSVILLE, TEXAS 77348
JULY 15,2015
TO: THE COURT OF CRIMINAL APPEALS
CLERK OF THE COURT: ABEL ACOSTA
P.O. BOX 12308
CAPITOL‘STATION
AUSTIN, TEXAS 78711
Re: EX parte JASON TYRQNE PEGUES V. THE STATE OF TEXAS
IN REFERENCE TO CAUSE NO.94-DCR-026185 HC3 and 9é-DCR-OZ6185 HCA
[wR-7A’762_03¢.lowR-74,762_0h.¢¢le-74,762-05]¢
DEAR CLERK OF THE COURT:
ENCLOSED IS A COPY OF A MOTION THAT WAS_FILED IN THE TRIAL COURT IN
REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBERS AND wRITS. IF YOU WILL
PLEASE FILE THIS IN THE COURT 80 THAT IT MAY BE TAKEN INTO: _``4`` "
CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT.
THANK YOU FOR YOUR TIME AND ASSISTANCE.
_sPEcTFUL sUBMITTED,
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AsoN7TYR0NB/PEGUES #72§§;6
APPLICANT=
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©QURT oF CRWMNAL APPEALS
JUL 17 2015
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No.94-DCR-026185 HC3 and 94-DCR-026185 HC&
WR-74,762-03....WR-74,762-0h....WR-74,762-05
NOTICE TO THIS HONORABLE COURT
EX PARTE
Jason T. Pegues
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THE FOLLOWING IS TO INFQRM THIS HONORABLE COURT THAT A MOTION HAS
BEEN FILED IN THE TRIAL COURT, AND THAT THE APPLICANT HAS SENT A COPY
TO THIS HONORABLE COURT. IN SUPPORT OF SUCH MOTION SEE:
Ex parte PoND,als s.W.3d 94 n.13 (TEx.cRIM.APP.zola)=
Best practices include filing all materials with the
Trial Court before the 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
application is forwarded to this court, as long as those
materials are filed in the Trial Court.
E§"¥728196
CC/FILE: APPLICANT:
Nq.ga-th-0251as 503 and 94-nca¢ozsias=ncq
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§ IN THE znorh DISTRICT counr, §§
Ex Parte §
Jaaon TYRQNE PEGUES § \
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§ FonT BEND couNTY§ TEXAS
Applicant's Notion Requesting The Court To
Hold H03 and HCA For 30 Days so Applicant Can
SuQQlement and Amend The Applications
Comes now, Jason Tyrone ?egues #728196, Applic cant~ Pro-se, in the
above styled:énd numbered cause of action respectfully file this
Motion Requesting The Court To Hold 9h-DCR~026185 HC3 and HCé so the
inpplicant CannSupplement Amend the Applications due to the
reconsideration of 96-DCR-026185 HCB and 9&~DCR-026185'HC4 by this
court based on the perjury made by attorney Cary M.Faden in his first-
_affidavit that was attached to and rsference in the $tate‘s earlier
response to both third and fourth writs of habeas csrpus. The
applicant would also like to show this Honorable Cnnrt the following:
PROCEDURAL HISTORY
Applicant filed his initial application 11.07 (HCB) around
§§§£g§£z* 10LZOlé and on Au§ust_ 27, _2014, the 6ourt of eriminal Appeals
_-__.
denied the writ without written order. On December 10, 2014, applicant
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``fii@d a gusssq ment app11carion 11.07 cnaa)[wa-?a;vez-oa] and oh
without written order, in which this court reconsidered (HCA) and on
June_l§;;§l§, the Court of Criminal Appeals Dismissed HC& {WR-7h,762-
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vdgg!without written order. Applicant then filed aipost-convicliop
Motion For Forensic DNA Testing, and upon the State Investigating the
DNA Testing Motion, on g§gg“§g¢ggl§, the State filed a Supplémental§*
;Amended Answer and Supplemental Amended Findings of Fact & Conclpsiona
’of Law, Reconsidering the applicant's applications 9AeDCR-026185NHCS
and 94-DCR-026185 HC& due to the perjury and error made by attorneyL
Cary M.Fsden in his first affidavit which was attached and referenced
.in the State's responses to applicant's third and fourth writs, and
for the Respondent contacting Judge David Newell regarding his
thoughts on the applicant‘s third application.
PUR?OSE OF HOTIGN
1
Due to the reconsideration of the applicant's third and fourthF
writ for haheas corpus based on the State's perjury and error, the
applicant is requesting that this Honorable Court hold the applicant's
applications HCE and HCQ for 30 days from the date of filing this
Motion so that applicant can Supplementaand §mend the applications
which aere reconsidered. SQe Ex ?arte ?GND,&lB S;H.$d 9a n.lB (Tex.
§§§B;§RR;ZQL§)‘
Best practices include filing all materials with the
Trial\Court before the Trial Judge has signed his
'Findings of Fact and made his Recommsndation
to this Court. But an Applicant is not foreclosed from
amending or supplementing his materials even after
Application is forwarded to this Court,as long as those
materials are filed in the Trial Court.
The applicant also request that the applicant be appointed to
counsel based on the facts, the record, surfacing the many unresolved
issues in the current proceedings of this case g§l§§. with the
applicant being ?ro-se and layman of the law, there are some filings
that can be filed unknown to the applicant w§ich could assist bin in
these proceedings or harm him . Upon being appointed counsel;‘the
applicant request that the appointed counsel do not file anythiné
until the applicant and the appointed counsel have discussed all::
area’s of the proceedings, asking this Honoraole Court to order the
appointed counsel to show proof that the applicant and appointed
cpunsel have done as such.
tastly, the applicant request anLive Evidentiary Hearing based on
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the credibility cf all those who have responded to the haheas_corpue
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;proceedings as well at Mesting Motioe Investigation that is
currently active in this case.aattorney Cary M.Faden was very aware of
what the DNA test results were because ne was the one who cross~
examined the crime lab criminalist Monica Thompson. The bottom line
is that if the applicant would not have filed a Motion For Forensic
DNA Testing, attorney Cary M.Faden's perjury would not have possibly
ever came to light. So the question is what other lies have been told
and how long have these false and slendering statements been atated.
Out cf all these proceedings, the applicant only request for a New
Punishment'&earing. Howvser, factually, legally, ana procedurally there
are some unresolved issues that needs to be addressed and fairly
adjudicateu.
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WHEREFORE PREHISES CONS!DERED, applicant, laeon Tyrone Peguas``#728196,
respectfully prays that this Honorable Court grant this Motion
requesting the court to hold HC3 and HC& for 30 Days so applicant can
Supplement and Amend the appl&canions, as well as appoint the
applicant to counsel for the habeas proceedings and DNA Testlng
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proceeding. Baeqd on the perjury and error by the State, questions the
erdibility of those representing the State who have spoken and responded in
proceedings pertaining to this case §§l§§.TThe applicant prays thai this
Honorable Ceurt agrees that a Live Evidentiary Hearing is reasonable and
en;itled to the applicant. Over-ell the applicant prays that this Honorable
Court’heve mercy and grant fhis Motion that has been presented respectfuliy
to this Honorable Court.
EXECUTED UN THIS lStB day of §§LX,ZOLS.
Respectfully Submitted,
.SGN .. m ~
HUNTSVILLE UNIT
815th 12th STREET
HUNTSVILLE, TEXAS 773&8
CERTIFICATE OF SERVICE
I,Jason Tgrone Pegues #72819§, The applicant, being presently confined
in Walker'Couhty, Texas do hereby affirm that 1 have delivered the original
of this Notion Requesting The Court To Hold HCS and 364 For 3? D¢ys ss
o
Apricent Can Supplement and Amend The Applications to the pri$ h mailroom
‘officials for delivery to the following via U.S.Poetal Service;
THE DISTRICT CLERK, ANNIE REBECCA ELLIDTT
OF FORT BEND CGUNTY
ZAOth JUDICIAL DISTBICT COURT
HONGRABLE JUDGE THOMAS R.CULVER,III
301 JACKSON STREET
RICHNOND, TEXAS 77659
A copy of this Motion has been forwarded toe
THE COURT OF CRIMINAL APPEALS
P.O. Box 12308
Capitol Station
Austin, Texas 78711
’£ile:
cc/file:
INMATE DECLARATION
I,JASGN TYRONE PEGUES #728196, Preeently inearcereted in Walker C;urty,
Texas hereby declare under the penalty of perjury that the above j
mentiened in my Motion Requesting The Court To Hcld 363 and HC& Hor*
30 Bag§ so Applicant Cen SuppleHentaénd Amend TBe Applications la true
and correct.
Signed on this §§ER day of ig&§,ZOl$.
Respectful “_bmitted,
7: taxi
Asot T. treats #728196 ga
Applicant:
HUNTSVILLE UNIT
815 12th street
HUNTSVILLE, maine 773a3
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