Pate, Chadrick B ( 2015 )


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    IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
    WRIT NO.    WR-78,165-02
    EX PARTE                                   FROM THE DISTRICT COURT
    CHADRICK B. PATE TDCJ NO. 01563340           36TH JUDICIAL DISTRICT
    APPLICANT                                  ARANSAS COUNTY, TEXAS
    CAUSE NO. A-08-5080-4CR
    NEMABARMN
    PETITIONER
    V.
    JUDGE JAN NA K. WHATELY
    EMERGENCY MOTION FOR RELEIF
    REQ UEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
    PURSUANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS
    CORPUS WR-78.165-02
    COVER SHEET
    RECEIVED IN
    COURT OF CRIMINAL APPEALS
    JUN 02 2015
    a©Ti©^ DEFIED
    Abel Acosta, Clerk
    >ATE:_iLmii2.
    IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
    WRIT NO.          WR-78,165-02
    EX PARTE                                                  FROM THE DISTRICT COURT
    CHADRICK B. PATE TDCJ NO. 01563340                          36TH JUDICIAL DISTRICT
    APPLICANT                                                  ARANSAS COUNTY, TEXAS
    CAUSE NO. A-08-5080-4CR
    NEMABARJMN
    PEXJXJaNEJ*
    V.
    JUDGE JANNA K. WHATELY
    EMERGENCY MOTION FOR RELEIF
    REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
    PURSUAr^T TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS
    CORPUS
    TO THE HONORABLE JUDGE OF SAID COURT:
    NOW COMES!, Petitioner Nema Bardin on behalf ofApplicant Chadrick B. Pate and respectfully
    submits this Emergency Motion for Relief pursuant to and on the Original Writ of Habeas Corpus
    filed in this Court on May, 19th, 2015 .AND Amended Emergency Original Writof Habeas Corpus filed
    on this date Juine 02,2015 seeking relief from Cause No. A-08-5080-4CR a Void Judgment,
    Sentence and Conviction ordered in the 36th Judicial District Trial CourtAransas, County Texas, and
    certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment in Cause No. A-08-5080-
    4CR is Void fo r lack of Jurisdiction, Fraud on the Court, and Tampering with a Trial Court Government
    Record then this Motion also pertains to relief from Cause No. WR-78.-165-01 The Intial Writ of
    Habeas Corpus filed into this Court on or about 6/21/2011 and was denied on 3/6/2013 without
    1
    writtenorderbyJudgeCochran, and from Cause No. 13-09--00112CR affirmed 10/27/2010 from the
    Thirteenth District Court ofAppeals.
    These,two yjJg£B£nJ& are. vai/i because they each,fJaw from. the. IU&gpI and Vaid Ttial Court.Judgment
    in A-08-5080- 4CR.    Chadrick B. Pate .
    JURISDICTION
    Because thus Motion flows from the filing of Petitioner's Original Writ of Habeas Corpus it has
    jurisdiction for the same reasons it has Jurisdiction over the Original Writ filed on the 19th day of May
    2015 and Amended Writ filed on this date June 02,2015 pursuant to Article V Section 5 of the Texas
    Constitution aind Amendments 1, 5,6 and 14 of the U. S. Constitution . See Exparte Thompson 273
    S. W. 3d 177,181 (Tex. Crim. App.2008) showing this court to have general jurisdiction over
    Original Habeas Corpus See Tex Const. Article V
    STATEMENT OF THE CASE
    Petitioner Nema Bardinfiled an Original Writ of Habeas Corpus in this Court on May 19th, 2015, and
    then filed an amended Writ on June 02,2015 by hand delivering it and speaking personally with Mr.
    Abel Acosta Clerk for the Texas Criminal Court of Appeals. Petitioner asked to speak with Mr. Acosta
    in order to explain that the Writ being filed was not all .07 Writ and therefore not a Second or
    Successive Petition under 11.07. Petitioner explained the nature of the Writ and why it was being filed
    as an Original. Writ under this Courts inherent power and jurisdiction to providethe relief requested.
    Mr. Acosta took the Document after reviewing some of the paperwork with Petitioner and stated that he
    would file it. On May 22nd, 2015 after checkingher mail box, Petitionerfound that there was no
    notification fr                            

Document Info

Docket Number: WR-78,165-02

Filed Date: 6/2/2015

Precedential Status: Precedential

Modified Date: 9/29/2016