Derek Clinton Ward v. State ( 2015 )

CAUSE NO. 42433-B
THE STATE OF TEXAS IN THE 124TH DISTRICT COURT
vs IN AND FOR
FILED IN FILED
GREGG COUNTY. TEXAS
DEREK WARD 6th
GREGG COUNTY, TEXAS COURT OF APPEALS
TEXARKANA, TEXAS
Z6 2015
JUNAM
6/29/2015 9:50:59
DEBBIE AUTREY
~I c> O'CLOCK C\ M
Clerk
NOTICE OF APPEAL
``
TO THE HONORABLE JUDGE OF THIS COURT:
NOW COMES Derek Ward, Defendant, in the above styled and numbered cause, within 30
days of the trial court judgment, and gives this Notice of Appeal to the Sixth District Court of Appeals
in Texarkana, Texas, from the Judgment of Conviction.
Respectfully submitted,
Tim Cone, Attorney for Defendant
P.O. Box 413
Gilmer, TX 75644
903-725-6270 (fax) 903-725-5494
State Bar #04660350
e-mail: timcone6@aol.com
CERTIFICATE OF SERVICE
I do hereby Certify that a true and correct Copy of the above foregoing document was this date
provided to theC/Ofiley for the state.
Date: 2£//J
Tim Cone, Attorney
P.O. Box 413
Gilmer, Texas 75644
903-725-6270 (fax)903-725-5494
State Bar #04660350
e-mail: timcone6@aol.com
FILED
GREGG COUNTY. TEXAS
CAUSE NO. 42433-B
JUN 2 6 2015
THE STATE OF TEXAS IN THE 124™ DISTRICT COURT
C// 0~ MO'CLOCK
v. IN AND FOR sg:``
B . DEPUTY
DEREK WARD GREGG COUNTY, TEXAS
DEFENDANT'S REQUEST FOR CLERK'S AND COURT REPORTER'S
RECORD AND EXHIBITS ON APPEAL
COMES NOW, the Defendant and files this his Request for Clerk' s and Court Reporter' s
Record and Exhibits on Appeal, pursuant to the Texas Rules of Appellate Procedure, and requests that
the Clerk and Court Reporter of this Court make and prepare the following matters for inclusion in the
appellate record:
1. Indictment or criminal information.
2. All motions and pleadings filed by the Defendant, including the following:
A. Motion for Discovery
B. Motion for Production and Inspection of Evidence and Information which may lead to
Evidence(Brady v. Maryland)
C. Defendant's Motion for List of State' s Witnesses
D. Defendant' s Motion for court reporter to transcribe proceedings
E. Defendant' s Motion for Election as to Punishment
F. Defendant's Motion for Severance
G. Defendant's Motion for Continuance
H. Defendant' s Motion to Suppress Evidence
I. Defendant' s Motion to Suppress Statements
J. Defendant's Motion to Suppress Extraneous Offenses
K. Defendant's Motion in Limine
L. Defendant's Exceptions to the Indictment and Motion to Quash
M. Defendant' s Motion Challenging in Court Identification
N. Defendant's Application for Probation from the jury.
0 . Motion to Disclose Identity of Informer
P. All written trial objections
Q. Motion to Shuffle Jury Panel
R. Motion for Hearing to Determine Qualification of Reputation/Character Witnesses
S. Defendant' s Written Rule 609(£) Request
T. Defendant's Motion for Change of Venue and Supporting Affidavits
U. Motion for an Instructed Verdict
3. State' s pleadings, including the Motions in Limine and all Rulings of the Court thereon
4. Court' s dockets sheet and all docket entries made by the Court
5. List of entire persons, including the lists of the Court, the State, and the Defendant
6. The strike list reflecting the strikes made by the State and the list reflecting the names of the venire
persons who sat as jurors at this trial
7. Transcription of the Voir Dire Examination of the composition of the jury panel, including all
statement and agreements made by the Court, the State, the Defendant, the Defense counsel, and
the venire persons
8. Transcription of the hearing challenging the compositions of the jury on Constitutional and
statutory grounds, including Batson grounds, and the ruling of the Court thereon
9. Transcription of the Opening Statements made by counsel for the Defendant
10. Transcription of the testimony of all witnesses, and all Evidence introduced, during all pre-trial
hearings and the hearings on the State' s Motion to Revoke the Defendant' s Community
Supervision, including the following:
A. Hearings on the Defendant's Motion to Suppress
B. Hearings on admissibility of in court identification
C. Hearing on admissibility of extraneous offenses
D. Hearing on admissibility of a Defendant' s statement
E. Hearing challenging the sufficiency of the indictment of criminal information
F. All hearings conducted on each defense motion
11 . Transcription of the testimony of all witnesses, and all evidence introduced, during the trial and/or
hearings, including the hearings to determine guilt/innocence and the punishment
12. Transcription of the testimony of all witnesses and all evidence introduced at hearings held outside
the presence of the jury, including the rulings of the Court.
13. All verbal and written communications between the Trial Court and the jury
14. All communications between the Trial Court, the Defendant, counsel for the Defendant, and
counsel for the State
15 . All defense objections, verbal and in writing, made by the Defendant to the Court' s Charge
submitted to the jury during the trial, on the issues of guilt/innocence and punishment, and all
ruling of the Court thereon
16. All defense requested instructions, verbal and in writing, made by the Defendant to the Court' s
charge submitted to the jury during the trial on the issues of guilt/innocence and punishment and all
ruling of the Court thereon
17. All jury arguments of counsel for the State and counsel for the Defendant, during the hearings to
determine guilt/innocence and punishment
18. The respective verdicts of the jury at the hearings to determine guilt/innocence and punishment
19. All notes and other communications sent by the jury to the Court, the Court' s response thereto and
all defense objections and requested instructions made by the defense to each such jury note and
the response of the Court
20. A transcription of all hearings in conjunction with the Defendant's probation revocation hearing
21. All defense pleadings in conjunction with the Defendant' s plea of guilty including the waiver of
jury, plea of guilty/nolo contendere, and judicial confession; the plea bargain agreement; and the
Court' s admonition ofrights
22. The judgment and sentence of the Court
23. Defendant's original Motion for New Trial and all amended Motions for New Trial
24. Transcription of all testimony and all evidence introduced at the hearing on the Defendant's
Motion for New Trial and Amended Motion for New Trial, and Amended Motion for New Trial,
and the Order of the Court thereon
25. Defendant' s Notice of Appeal
26. The originals of all exhibits introduced into evidence before the jury
27. The originals of all exhibits introduced into evidence before the Court
28. Defendant's affidavit of Indigency and Motion for Free Transcript
29. Defendant' s Request for Clerk' s and Court Reporter' s Record and Exhibits on Appeal
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that the Clerk and
the Court Reporter of this Court will make and prepare the foregoing materials and include them in
the appellate in this cause on appeal.
Tim Cone
COUNSEL FOR DEFENDANT
P.O. Box 413
Gilmer, Texas 75644
903-725-6270 Fax 903-725-5494
State Bar #046603 50
CERTIFICATE OF SERVICE
As Attorney of Record for Defendant, I do hereby Certify that a true and correct Copy of the
above foregoing document was this date provided to the Attorney for the State.
Date: (.p- 2/e- !S-
Tim Cone, Attorney
P.O. Box 413
Gilmer, Texas 75644
903-725-6270 Fax 903-725-5494
State Bar #04660350