Badall, Chrisondath ( 2015 )


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  •                                   CHRISONDATH     BADALL
    T.D.C.J.    NO.   #1329319
    2400   WALLACE    PACK   RD.
    NAVASOTA,   TEXAS,   77868
    TEXAS COURT OF CRIMINAL APPEALS (CLERK)
    P.O.    BOX    12308
    AUSTIN, TEXAS,          78711
    1VED Si
    OTfCC OP CRIMINAL APPI
    OCT 23 2Q15
    RE:    CAUSE NO.       WR-78,218-01
    Dear Hon. Clerk;          (Greetings)
    Please find enclosed, the original and (2) copies of Applicant's
    Suggestion For Reconsideration on the Court's Own Motion to be
    filed    for    review.
    Sincerely Thankful;
    OL^jjjL \**juul~
    This document contains some
    pages that are of poor quality
    at the time ofimaging.
    TEXAS    COURT
    IN
    OF
    THE
    CRIMINAL       APPEALS
    ^%-°l
    AUSTIN,       TEXAS
    EX PARTE,     '                               §
    BADALL, CHRISONDATH                           §            CAUSE NO. WR-78,218-01
    (Applicant)                                   §
    APPLICANT'S   SUGGESTION         FOR   RECONSIDERATION
    OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,
    PURSUANT TO C.C.P.        ART.    11.07/      ON THE COURT'S OWN MOTION
    TO   THE   HONORABLE   JUDGES   OF    SAID    COURT:
    NOW COMES,     CHRISONDATH BADALL,            Applicant,    proceeding pro se
    in the above styled and numbered cause, respectfully makes his
    suggestion for reconsideration of the Court's DISMISSAL of
    Applicant's Writ of Habeas Corpus,                  pursuant to V.A.C.C.P. ART.
    11.07, on the Court's own motion.                  In support thereof, Applicant,
    hereinafter referred to as,             "BADALL," would show the Court the
    following:
    I.
    Applicant's request for this Court's reconsideration of its
    DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on
    its own motion is authorized by T.R.A.P. Rule 79.2(d).
    1.
    II.
    Applicant believes the Court's reconsideration of its DISMISSAL
    of Applicant's Application for Writ of Habeas Corpus (11.07)
    is required in the interest of justice for the following reason:
    THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL
    APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT
    OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS
    RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S.    CONSTITUTION,
    ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL
    PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &j2.
    RELEVANT   FACTS
    The record reveals that on August 13, 2012,    the Court of
    Criminal Appeals received Mr. Badall's Application for Writ of
    Habeas Corpus (11.07) in Cause No. WR-78,218-01,    but DISMISSED
    the Application for non-compliance on August 22, 2012. See:
    (WR-78,218-01)
    At no time prior to the Court's dismissal of Badall's Application
    was he notified by either, the Clerk of the convicting Court
    or the Clerk of the Court of Criminal Appeals of any defect(s)
    within the Application, as required by T.R.A.P. Rule 73.2, nor
    was Mr. Badall, or the convicting Court notified of the Court's
    dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)
    Due to reason,   the convicting court was not advised of the
    dismissal of Badall's Application for Writ of Habeas Corpus,
    and believed it was still active,     the convicting court conducted
    2.
    a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
    V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
    District Court of Liberty, County, Texas), in addition, appointed
    Mr. Badall an attorney specifically for the evidentiary hearing
    process. See:   (WR-78,218-01)
    After the evidentiary hearing was conducted, counsel for the
    state and counsel for Mr.      Badall submitted their Proposed Findings
    of Fact and Conclusions of Law for the trial Judge's consideration.
    On September 23,    2013,    the Court of Criminal Appeals received
    the Supplemental Clerk's Record from the convicting court, which
    included the record of the evidentiary hearing and the Findings
    of Fact and Conclusions of Law rendered by the trial judge.
    On February 24,    2015, Mr.    Badall sent a letter to the Court
    of Criminal Appeals requesting a status report on his pending
    Application for writ of habeas corpus. After no response,      Mr.
    Badall sent another letter to the Court of Criminal Appeals,
    along with a letter to his appointed attorney, requesting a
    status report. See: (EXHIBIT-B)
    On March 27,   2015,   Mr.   Badall's appointed attorney responded
    by informing Badall that his Application for Writ of Habeas Corpus
    was DISMISSED for NON-COMPLIANCE almost (2) years prior to his
    status report request, on August 22, 2012. See: (EXHIBIT-B)
    Mr. Badall, although still not knowing the reason(s) for the
    dismissal of his Application,      immediately prepared and submitted
    another Application for Writ of Habeas Corpus, pursuant to
    3.
    V.A.C.C.P.   art.   11.07.
    On June 19, 2015, Mr. Badall's Application for Writ of Habeas
    Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.
    Rule 73.2. See:     (EXHIBIT-C)
    As before, Mr.     Badall was not notified by either the Clerk
    of the convicting Court,     or the Clerk of the Court of Criminal
    Appeals regarding what defects, if any, needed corrected for
    compliance with Rule 73. See: (EXHIBIT-A)
    ARGUMENT    AND   AUTHORITIES
    An application filed under Article 11.07, Texas Code of Criminal
    Procedure,   must be filed on the prescribed 11.07 form application.
    See: EX PARTE BLACKLOCK, 
    191 S.W.3d 718
    ,         719 (Tex.Crim.App.   2006)
    (citing T.R.A.P. Rule 73.1(a)).
    Pursuant to T.R.A.P. Rule 73.1(c), the person making the
    application must provide all information required by the form.
    The application must specify all grounds for relief, and must
    set forth in SUMMARY :fashion the FACTS supporting each ground.
    The application must not cite cases or other law.         Legal citations
    and arguments may be made in a separate memorandum. The application
    must be typewritten or handwritten legibly.
    As the record reveals,     Mr.   Badall sufficiently complied to
    each and every requirement set forth in Rule 73.1(a) through
    (d), in-BOTH applications submitted by Badall. See:.(WR-78^218-01).
    Pursuant to T.R.A.P. Rule 73.2,             the Clerk of the convicting
    court will not file an application that is not on the form prescribed
    by the Court of Criminal Appeals,                and will RETURN THE APPLICATION
    TO THE PERSON WHO FILED IT,             with a copy of the original form.
    The Clerk of the Court of Criminal Appeals may,               without filing
    an application that does not comply with this rule,                     return it
    to the Clerk of the convicting court,               with a notation of the
    defect,       AND THE CLERK OF THE CONVICTING COURT WILL            RETURN THE
    APPLICATION TO THE PERSON WHO FILED IT,                  with a copy of the official
    form.
    As stated previously, Mr.          Badall was never notified by either
    Court Clerk that his application had been dismissed on August
    22,    2012,    nor was informed for what reason(s)            it was dismissed,
    until he       requested a status report on February 24,            2015,    and
    March 13,       2015,   etc.   See:   (EXHIBIT-A,   B)
    A question has to be raised as to,             if Mr.   Badall or the trial
    judge knew the Application was dismissed on August 22,                     2012,
    why then would the trial judge conduct a "live" evidentiary hearing
    and enter his Findings of Fact and Conclusions of Law on the
    same Application on June 11,             2013?
    Also,    another question must be raised,           if the Clerk of the
    convicting Court fulfilled her duties mandated by art. 11.07,
    §3(b), and forwarded Badall's Application to the District Attorney,
    etc.,    then how did the Court of Criminal Appeals DISMISS Badall's
    Application BEFORE any Findings of Fact and Conclusions of Law
    were provided to them pursuant to art.               11.07,    §3(d)?
    5.
    Mr.    Badall asserts that the record clearly reveals that his
    Application filed on April 18, 2012, and/or the Application
    dismissed on June 19,          2015,    were in compliance with T.R.A.P.
    Rule 73.1(a)-(d), whereas,             the information provided on the application
    were typewritten,       the FACTS were in summary form,          and the applications
    and memorandums were within the required page limitation.                See:
    (WR-78,218-01)
    Article I, §12 of the Texas Constitution states:             "The writ
    of habeas corpus is a writ of right and shall never be suspended."
    See also: EX PARTE THOMPSON,             
    273 S.W.3d 177
    ,    181 (Tex.Crim.App.
    2008)(The legislature shall enact laws to render the remedy
    speedy and effectual) .
    Similarly,    article 1.08, Texas Code of Criminal Procedure,
    provides that       "the writ of habeas corpus is a writ.of right and
    shall       never be suspended."
    In addition,    the Court of Criminal Appeals,          the District
    Courts,       the County Courts,       or any Judge of said Courts,    have
    power to issue the writ of habeas corpus;             and it is their duty,
    UPON PROPER MOTION,          to grant the writ under the rules prescribed
    by law. See: TEX.CODE CRIM.PROC.             ART. 11.05.
    By the Court(s) DISMISSAL of Badall's application(s) for
    writ of habeas corpus,.such unreasonable action has placed an
    unnecessary burden, delay,             and expense on Mr.   Badall from having
    to reproduce copies of exhibits and refiling the application
    and    memorandum,    etc.
    6.
    PRAYER
    For the above and foregoing reasons, Mr. Badall asks this
    Court to reconsider its dismissal of his Application(s) for
    Writ of Habeas Corpus on the court's own motion, and reinstate
    Mr. Badall's Application/memorandum for review of its merits.
    Executed on this              \|PVV     day of OcAVspg-vT                2015.
    :„.^jJi ftgjjp.
    CHRISONDATH     BADALL
    OATH
    I, CHRISONDATH BADALL, do declare under the penalty of perjury
    pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that
    the facts stated herein my request for the Court's reconsideration
    of its dismissal of my application for writ of habeas corpus,
    on the court's own motion,            is true and correct.
    Executed on this          "\ U V      day of     Oc.-W)\\e.>f    / 2015.
    CHRISONDATH     BADALL
    CERTIFICATE      OF   SERVICE
    I, CHRISONDATH BADALL, do certify that a true and correct
    copy of this document was served on Respondent by U.S. Mail,
    postage prepaid, addressed to:                                     »,.
    Liberty County, Texas, District Attorney                        XfeLdtvy^Lf. BsarkJ^
    CHRISONDATH       BADALL
    -1923   Sam   Houston   St.
    T.D.C.J.    NO.    #1329319
    Liberty, Texas, 77575                                           ?400 war.r.flCF. pack rd„
    NAVASOTA,    TX.    77868
    r   vv\\ &\t
    VOLUNTARY   AFFIDAVIT
    I, CHRISONDATH BADALL, being of sound mind, and over the age of
    (18) years old, make this declaration from personal knowledge,
    and under the penalty of perjury:
    I filed my first Application for Writ of Habeas Corpus pursuant
    to C.C.P. art.    11.07,       on April 18,   2012. On June 11,   2013,   the
    trial judge of the 75th Judicial District Court of Liberty County,
    Texas, appointed me an attorney and held an evidentiary hearing
    pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01.
    At no time prior to this evidentiary hearing was I informed
    that my application for writ of habeas corpus had been DISMISSED
    for NON-COMPLIANCE on August 22, 2012.            I did not learn of this
    fact until after requesting a status report from my appointed
    attorney, on March 27, 2015. See: (EXHIBIT-B)
    I immediately refiled my application for writ of habeas corpus,
    but it was,    AGAIN,    dismissed for non-compliance on June 19,          2015,
    unbeknownth to me until obtaining another status report by way
    of the inter-net.       See:    (EXHIBIT-C)
    OATH
    I, CHRISONDATH BADALL, do declare under the penalty of perjury
    that the facts stated herein my Voluntary Affidavit is true and
    correct.
    Executed on this          \U         day of DcA-PV^esT     / 2015.
    :.j?jl p^./iii
    CHRISONDATH    BADALL
    T.D.C.J.    NO.#1329319
    2400 Wallace    pack    rd.
    navasota,    texas,    77868
    Stephen C. Taylor
    Attorney at Law
    P.O.   Box 293
    Conroe, Texas  77305
    Voice Mail (800) 223-8308
    Fax (936) 539-1079
    e-mail:   sctaylorl@peoplepc.com
    March 27,   2015
    Chrisondath Badall
    TDC#    1329319
    Pack One Unit
    2400 Wallace        Pack Rd.
    Navasota,        Texas    77868
    Re:    Writ No.     WR-78,218-01;      Liberty County
    Mr.    Badall:
    Records from the Court of Criminal Appeals               (CCA)   reflect:
    On 8-13-12 the CCA received an Application for Writ of
    Habeas Corpus from you; assigned caset WR-78,218-01.
    On 8-22-12 the CCA DISMISSED your Application for Writ
    of Habeas Corpus for NON-COMPLIANCE.
    On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
    RECORD from the Liberty County District Clerk's Office,
    which included the record from our hearinqs,               and the
    FINDINGS OF FACT AND CONCLUSIONS OF LAW.                The CCA filed
    the SUPPLEMENTAL CLERK'S RECORD,               but took no action because
    case # WR-78,218-01 had been previously DISMISSED for
    NON-COMPLIANCE.
    On 2-24-15 and 3-13-15 you corresponded with the CCA
    requesting a status update.  On both occasions the CCA
    advised you that case # WR-78,218-01 had been previously
    DISMISSED        for NON-COMPLIANCE.
    ink you,
    Stephen C. Tay]
    SHARONKELLER                      rirtIm„ _„ /-(_„ __-T . _              * rm^ i v ci                  ABELACOSTA
    presiding judge                  Court o f Criminal appeals                                                clerk
    (512)463-1551
    P.O. BOX 12308, CAPITOL STATION
    LAWRENCE E. MEYERS                              A , ,QTnj XRY A C 78T1 1
    CHERYL JOHNSON                                  AUb   I IN, 1fcXAS 78711                               SIAN SCHILHAB
    MIKE KEASLER
    BARBARA P. HERVEY                                                                                      GB^SK^S2?EL
    (512)463-1597
    ELSA ALCALA
    BERT RICHARDSON
    KEVIN P. YEARY
    DAVID NEWELL
    JUDGES
    April 01, 2015
    Chrisondath Badall
    320 S. Chestnut St.
    Lufkin, TX 75901
    Re: Badall, Chrisondath
    CCA No. WR-78,218-01
    Trial Court Case No. CR24834-A
    Your letter has been received. Please be advised:
    IMPORTANT:           PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
    WRITING.
    • To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at
    PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
    aliases, TDCJ number, date of conviction, county of conviction, appeal numberand complete
    mailing address.
    •      Your records will not be returned to you because once records are received in the Court they
    become the permanent records of this Court.
    @ Your application for writ of habeas corpus has been received on Monday, August 13,
    2012.       The status is: DISMISSED -              NON COMPLIANT on August 22, 2012.
    Specifically, facts not set out on the prescribed form.
    •      Neither the Judges nor the staff of the Court can give legal advice. We recommend you
    contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
    Division.
    Sincerely,
    Abel Acosta. Clerk
    Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
    Court of Criminal Appeals                                                                      Docket Sheet
    Case Number WR-78,218-01
    Date Filed: 08/13/2012
    Style: Badall, Chrisondath
    Original Proceeding:          No
    Case Description:        11.07HC
    Punishment: 55 YRS         BondAmount:                In Jail: False
    Tnal Court Information
    County                   CourtName            Case #           Judge                     Court Reporter
    Liberty                  75th District Court CR24834-A
    COA Information
    COA Case Number                Published Cite                  COAJudge             Disposition Code
    09-05-00498-CR
    Events and Opinions
    Event Date Stage              Event             Event           Disposition    Grouping           Order        Subrrus
    Description                                   Type             sion
    !             i
    03/13/2015 HABEAS            iSTATUS           1PROSE          iNONCOMP/R i
    CORPUS REC j                                      JETD
    -1107-HC        [        _                                                                   _.„L-e„™       1
    102/24/2015 THABEAS           \STATUS           jPROSE         " rNONCOMP/R !                  i
    I             \
    CORPUS RECj                                        'ETD
    ;           -1107-HC          j           J
    09/23/2013 HABEAS "           jSUPP/CLERK {WRIT
    'CORPUS REC;RECORD
    ,- 1107-HC        )__     __ _     [_- ._
    NONCOMP/R !                   . NONCOM
    08/22/2012 ^HABEAS               ACTION        ;WRIT
    CORPUS REC TAKEN                                   ETD                             P/RETD
    •;              S73.1
    !            :-1107-HC                          !
    08/15/2012 (HABEAS            iWRfT            iWRIT
    CORPUS REC "SUBMITTED              j
    j-1107-HC         j                 \_ _
    ''.08/13/2012 [HABEAS          jWRrr            'WRIT
    ' CORPUS REC i RECEIVED
    i-1107-HC
    Renort Preoared on: 3/13/2015 2:33:47 PM                                        1 of 1
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    CASE:                   WR-78,218-01
    DATE FILED:             08/13/2012
    CASE TYPE:              11.07 HC
    BADALL. CHRISONDATH
    APPELLATE BRIEFS
    DATE                         EVENT TYPE      DESCRIPTION        DOCUMENT
    NO BRIEFS.
    CASE EVENTS
    http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca         3/27/2015
    DATE                          EVENT TYPE                 DESCRIPTION                DISPOSITION              DOCUMENT"^
    LETTER
    DISMISSED     -   NON-
    STATUS        (INMATE
    03/13/2015                                               PROSE                      COMPLIANCE               [ PDF/57 KB I
    CORRES)
    LETTER
    I PDF/35 KB 1
    STATUS         (INMATE                               \ DISMISSED    -   NON-
    02/24/2015                                             ; PROSE                     i COMPLIANCE              NOTICE
    = CORRES)
    [ PDF/102 KB ]
    APPLICATION    FOR
    SUPP/CLERK
    09/23/2013
    WRIT OF     HABEAS
    RECORD                     CORPUS-11.07
    APPLICATION         FOR
    DISMISSED     -   NON
    08/22/2012                    ACTION TAKEN               WRIT      OF   HABEAS I COMPLIANCE
    CORPUS-11.07
    APPLICATION    FOR
    08/13/2012                    WRIT RECEIVED              WRIT   OF   HABEAS
    CORPUS -11.07
    CALENDARS
    CALENDAR TYPE                            REASON SET
    SET DATE
    STORED                                   WRIT STORED
    08/22/2012
    PARTIES
    PARTYTYPE                                REPRESENTATIVE
    PARTY
    APPLICANT        (WRITSJ/APPELLANTS
    BADALL. CHRISONDATH                               (CASES)
    COURT OF APPEALS INFORMATION:
    09-05-00498-CR
    COA CASE NUMBER
    COA DISPOSITION:
    OPINION CITE:
    COURT OF APPEALS DISTRICT:         9TH COURT OF APPEALS
    TRIAL COURT INFORMATION
    75TH DISTRICT COURT
    COURT:
    LIBERTY
    COUNTY:
    COURT JUDGE:
    CR24834-A
    COURT CASE:
    http://ww.search.txcourts.gov/Case.aspx?cn=WR-785218-01&coa-coscca                                                            3/27/2015
    £b . -   i #1*4"*,, ---"., V),/ % -- *>, t^Vr %WiW'>>*"
    MfiH Case Page History/Calendarin HiDdcket            TrahsactibiiisI   :Motesj
    Case No      CR24834-A                                                                       Hie No           CR24834-A
    (Sea ~           Date                                   Description
    Vol        Page
    Name
    C 87222013       AFFIDAVIT OF JOSEPH L. LANZA/SB                ~                    I             4
    —                   r                     I-*
    C 89132813       FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB                          I            11
    C 89132813       DOCKET SHEET/SB                                                     I             1
    C 09182813       PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB-                     I           202
    C 89182813 DOCKET SHEET/SB V„« *'                                                                  2
    C 89182813 COVER~LETTER TO COO/SB"*                  '      ";"-
    C 86192815*- PER-'COA'THIS 'CASE^UAS- DISMISSED- FOR-''
    NON -COMPLIANCE/fMU4Jr>
    Additional information                                                                            \s
    Sequence              ]       Parry Name                                                     Date
    OK I Prior I Imaging j Save                          Parties            View Money         Locate              Exit         Help   &
    Case No.
    (The Clerk of the convicting court will fill this line in.)
    IN THE COURT OF CRIMINAL APPEALS OF TEXAS
    APPLICATION FOR A WRIT OF HABEAS CORPUS
    SEEKING RELIEF FROM FINAL FELONY CONVICTION
    UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
    NAME:      CHRISONDATH BADALL
    DATE OF BIRTH:
    PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.C.J.
    TDCJ-C1D NUMBER:              1329319                           SID NUMBER:
    (1)    This application concerns (check all that apply):
    H       a conviction                                    a         parole
    H       a sentence                                      •         mandatory supervision
    d        time credit                                    B         out-of-time appeal or petition for
    discretionary review
    (2)    What district court entered the judgment of the conviction you want relief from?
    (Include the court number and county.)
    75th JUDICIAL DISTRICT,                      LIBERTY COUNTY/ TEXAS
    (3)    What was the case number in the trial court?
    CAUSE NO.         24,834
    (4)    What was the name of the trial judge?
    HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)
    Revised: September 1, 2011                                                                        ATC-11.07
    (5)     Were you represented by counsel? If yes, provide the attorney's name:
    RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal
    (6)     What was the date that the judgment was entered?
    SETEMBER 9, 2005
    (7)     For what offense were you convicted and what was the sentence?
    MURDER       (55)   YEARS IMPRISONMENT
    (8)     If you were sentenced on more than one count of an indictment in the same court at
    the same time, what counts were you convicted of and what was the sentence in each
    count?
    N/A
    (9)     What was the plea you entered? (Check one.)
    d guilty-open plea                • guilty-plea bargain
    S not guilty                      • nolo contendere!no contest
    If you entered different pleas to counts in a multi-count indictment, please explain:
    N/A
    (10)    What kind of trial did you have?
    • no jury                               8 jury for guilt and punishment
    a jury for guilt, judge for punishment
    (11)    Did you testify at trial? If yes, at what phase of the trial did you testify?
    GUILT/INNOCENCE and PUNISHMENT
    (12)    Did you appeal from the judgment of conviction?
    K yes                         •    no
    Revised: September 1, 2011                                                              ATC-11.07
    If you did appeal, answer the following questions:
    (A)     What court of appeals did you appeal to? NINTH district of TEXAS
    (B)     What was the case number?       09-05-00498-CR
    (C)     Were you represented by counsel on appeal? If yes, provide the attorney's
    name:
    JOSEPH L. LANZA
    (D)     What was the decision and the date ofthe decision? AFFIRMED/1-31-07
    (13)   Did you file a petition for discretionary review in the Court of Criminal Appeals?
    S yes                        •   no
    If you did file a petition for discretionary review, answer the following questions:
    (A)     What was the case number?      pd-0552-07
    (B)     What was the decision and the date of the decision? DISMISSED/6-20-07
    (14)   Have you previously filed an application for a writ of habeas corpus under Article
    11.07 of the Texas Code of Criminal Procedure challenging this conviction!
    d yes                        s   no
    If you answered yes, answer the following questions:
    (A)     What was the Court of Criminal Appeals' writ number?              N/A
    (B)     What was the decision and the date of the decision?               N'A
    (C)     Please identify the reason that the current claims were not presented and
    could not have been presented on your previous application.
    N/A
    Revised: September L 2011                                                            ATC-11.07
    (15)   Do you currently have any petition or appeal pending in any otherstate or federal
    court?
    d yes                         h no
    If you answered yes, please provide the nameof the court and the case number:
    N/A
    (16)   If you are presenting a claim for time credit, have you exhausted your
    administrative remedies by presenting your claim to the time credit resolution
    system oftheTexas Department ofCriminalJustice? (This requirement applies to
    any final felony conviction, including state jail felonies)
    a yes                         • no     N/A
    If you answered yes, answer the following questions:
    (A)      What date did you present the claim?      N/A
    (B)      Did you receive a decision and, if yes, what was the date of the decision?
    N/A
    If you answered no, please explain whyyou have not submitted your claim:
    N/A
    (17)   Beginning on page 6, state concisely every legal ground for your claim that you are
    being unlawfully restrained, and then brieflysummarize the facts supportingeach
    ground. You must present each ground on the form application and a brief
    summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen
    presented on theform application, the Court willnot consider yourgrounds.
    Revised: September 1,2011                                                             ATC-11.07
    If you have more than four grounds, use page 10 ofthe form, which you may copy
    as many times as needed to give you a separate page for each ground, with each
    ground numbered in sequence.
    You may attach a memorandum of law to the form application if you want to
    present legal authorities, but the Court will not consider grounds for relief in a
    memorandum of law that were not stated on the form application. If you are
    challenging the validity of your conviction, please include a summary of the facts
    pertainingto your offense and trial in your memorandum.
    • , „       u   i ir.ii
    Revised: September 1.2011
    ATC-11.07
    GROUND ONE:
    INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL
    (NOTE: Same Law Firm handled applicant's trial and appeal)
    FACTS SUPPORTING GROUND ONE:
    Applicant's trial and/or appellate counsel's representation
    was so deficient that it fell below an objective standard of
    reasonableness,              and there is a reasonable probability that,   but
    for counsel(s) unprofessional error(s) stated in points of
    error (A) through (p) of applicant's MEMORANDUM IN SUPPORT of
    application,          the result of the trial and/or appellate proceedinq
    would had been different,              thus,   violatinq applicant's 6th and 14th
    amendment rights to the U.S. Constitution and Art.I, §10. of the
    Texas Constitution.
    See: (MEMORANDUM IN SUPPORT OF APPLICATION, page 1-                 )
    Revised: September 1, 2011                                               ATC-11.07
    GROUND TWO:
    N/A
    FACTS SUPPORTING GROUND TWO:
    N/A
    Revised: September 1,2011            ATC-11.07
    GROUND THREE:
    N/A
    FACTS SUPPORTING GROUND THREE:
    N/A
    Revised: September 1, 2011
    ATC-11.07
    GROUND FOUR:
    N/A
    FACTS SUPPORTING GROUND FOUR:
    N/A
    Revised: September 1, 2011            ATC-11.07
    GROUND:
    N/A
    FACTS SUPPORTING GROUND:
    N/A
    wmrwwur.FORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
    "*. may BE ENTITLED IN THIS PROCEEDING.
    tO
    VERIFICATION
    This application must be verified or it will be dismissed for non-compliance. Forverification purposes, an
    applicant isa person filing the application onhis or her own behalf. Apetitioner isa person filing the application on
    behalf of anapplicant, for example, an applicant's attorney. An inmate is a person who is incustody.
    The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the
    "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may
    sign the "Oath Before a Notary Public" as petitioner and then complete 'Tetitioner's Information." A non-inmate
    applicant must sign the "Oath Before a Notary Public" before a notary public unless he isrepresented by a licensed
    attorney, in which case the attorney may sign the verification as petitioner.
    A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public
    and mustalso complete "Petitioner'sInformation." An inmate petitioner mustsign eitherthe "Oath Before a Notary
    Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the
    appropriate "Petitioner's Information."
    OATH BEFORE A NOTARY PUBLIC
    STATE OF TEXAS
    COUNTY OF
    _, being duly sworn, under oath says: "I am theapplicant / petitioner
    (circle one) inthis action and know the contents of the above application for a writ of habeas corpus and, according
    to my belief, the facts statedin the application are true."
    N/A
    Signatureof Applicant/ Petitioner (circle one)
    SUBSCRIBED AND SWORN TOBEFORE ME THIS                              DAY OF              , 20_.
    N/A
    Signature of Notary Public
    11
    Revised: September 1,2011                                                                                   ATC-11.07
    PETITIONER'S INFORMATION
    Petitioner's printed name:                       N/A
    State barnumber, if applicable:                  N/A.
    w/ t\
    Address:
    N/A
    Telephone:
    Fax:
    N/A
    INMATE'S DECLARATION
    L Chrisondath Badall                       am the applicant / petitioner (circle one) and being presently
    incarcerated in      T. D. C . J . -C . I. D•            j declare under penalty of perjury that, according to my belief,
    the facts stated in the above application are tnie and correct
    Signed on                              ,20        .
    Signature ofApplicanw Petitioner (circle one)
    12
    Revised: September 1,2011                                                                                      ATC-11.07
    PETITIONER'S INFORMATION
    'V
    Petitioner's printed name:   JAMES WESLEZ SCHEXNIDER
    Address:     3060 FM 3514 #703577
    MARK W.         STILES UNIT T.D.CJ
    BEAUMONT,        TEXAS,    77705
    N/A
    Telephone:
    Fax:
    N/A
    Signed on      _,20_
    13
    ATC-11.07
    Revised: September 1, 2011
    CHRISONDATH     BADALL
    T.D.CJ.     NO.   #1329319
    2400   WALLACE    PACK   RD.
    NAVASOTA,   TEXAS,   77868
    TEXAS COURT OF CRIMINAL APPEALS (CLERK)
    P.O.    BOX    12308
    AUSTIN,       TEXAS,    78711
    RE:    CAUSE NO.       WR-78,218-01
    Dear Hon. Clerk; (Greetings)
    Please find enclosed, the original and (2) copies of Applicant's
    Suggestion For Reconsideration on the Court's Own Motion to be'
    filed    for    review.
    Sincerely Thankful;
    OL^jjjL QjiJUl-
    IN   THE
    TEXAS    COURT   OF    CRIMINAL     APPEALS
    AUSTIN,        TEXAS
    EX   PARTE,                               §
    BADALL,   CHRISONDATH                                 CAUSE NO.   WR-78,218-01
    (Applicant)                               §
    APPLICANT'S   SUGGESTION FOR RECONSIDERATION
    OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,
    PURSUANT TO C.C.P.    ART.    11.07, ON THE COURT'S OWN MOTION
    TO THE HONORABLE JUDGES OF SAID COURT:
    NOW COMES, CHRISONDATH BADALL,            Applicant, proceeding pro se
    in the above styled and numbered cause, respectfully makes his
    suggestion for reconsideration of the Court's DISMISSAL of
    Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.
    11.07, on the Court's own motion. In support thereof, Applicant,
    hereinafter referred to as,         "BADALL," would show the Court the
    following:
    I.
    Applicant's request for this Court's reconsideration of its
    DISMISSAL of Applicant's art.        11.07, Writ of Habeas Corpus, on
    its own motion is authorized by T.R.A.P. Rule 79.2(d).
    :.4
    II.
    Applicant believes the Court's reconsi-d&cati-6n; afrits DISMISSAL
    of Applicant's Application for Writ of Habeas Corpus (11.07)
    is required in the interest of justice for the following reason:
    THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL
    APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT
    OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS
    RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,
    ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODS -OF CRIMINAL
    PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &;2.
    RELEVANT   FACTS
    The record reveals that on August 13, 2012, the Court of
    Criminal Appeals received Mr. Badall's Application for Writ of
    Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED
    the Application for non-compliance on August 22, 2012. See:
    (WR-78,218-01)
    At no time prior to the Court's dismissal of Badall's Application
    was he notified by either, the Clerk of the convicting Court
    or the Clerk of the Court of Criminal Appeals of any defect(s)
    within the Application, as required by T.R.A.P. Rule 73.2, nor
    was Mr. Badall, or the convicting Court notified of the Court's
    dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)
    Due to reason,   the convicting court was not advised of the
    dismissal of Badall's Application for Writ of Habeas Corpus,
    and believed it was still active,     the convicting court conducted
    2.
    a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
    V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
    District Court of Liberty, County, Texas), in addition, appointed
    Mr. Badall an attorney specifically for the evidentiary hearing
    process. See: (WR-78,218-01)
    After the evidentiary hearing was conducted, counsel for the
    state and counsel for Mr. Badall submitted their Proposed Findings
    of Fact and Conclusions of Law for the trial Judge's consideration.
    On September 23, 2013, the Court of Criminal Appeals received
    the Supplemental Clerk's Record from the convicting court, which
    included the record of the evidentiary hearing and the Findings
    of Fact and Conclusions of Law rendered by the trial judge.
    On February 24, 2015, Mr. Badall sent a letter to the Court
    of Criminal Appeals requesting a status report on his pending
    Application for writ of habeas corpus. After no response, Mr.
    Badall sent another letter to the Court of Criminal Appeals,
    along with a letter to his appointed attorney, requesting a
    status report. See: (EXHIBIT-B)
    On March 27,   2015,   Mr.   Badall's appointed attorney responded
    by informing Badall that his Application for Writ of Habeas Corpus
    was DISMISSED for NON-COMPLIANCE almost (2) years prior to his
    status report request, on August 22, 2012. See: (EXHIBIT-B)
    Mr. Badall, although still not knowing the reason(s) for the
    dismissal of his Application,       immediately prepared and submitted
    another Application for Writ of Habeas Corpus, pursuant to
    3.
    V.A.C.C.P.   art.    11.07.
    On June 19,      2015,   Mr.   Badall's Application for Writ of Habeas
    Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.
    Rule 73.2.   See:    (EXHIBIT-C)
    As before, Mr. Badall was not notified by either the Clerk
    of the convicting Court, or the Clerk of the Court of Criminal
    Appeals regarding what defects, if any, needed corrected for
    compliance with Rule 73.          See:   (EXHIBIT-A)
    ARGUMENT AND AUTHORITIES
    An application filed under Article 11.07,           Texas Code of Criminal
    Procedure, must be filed on the prescribed 11.07 form application.
    See: EX PARTE BLACKLOCK, 191 S.W.Sd 718, 719 (Tex.Crim.App. 2006)
    (citing T.R.A.P. Rule 73.1(a)).
    Pursuant to T.R.A.P. Rule 73.1(c), the person making the
    application must provide all information required by the form.
    The application must specify all grounds for relief, and must
    set forth in SUMMARY fashion the FACTS supporting each" ground.
    The application must not cite cases or other law. Legal citations
    and arguments may be made in a separate memorandum. The application
    must be typewritten or handwritten legibly.
    As the record reveals, Mr. Badall sufficiently complied to
    each and every requirement set forth in Rule 73.1(a) through
    (d), in- BOTH applications submitted by Badall. See: (WR-78^218401).
    Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting
    court will not file an application that is not on the form prescribed
    by the Court of Criminal Appeals, and will RETURN THE APPLICATION
    TO THE PERSON WHO FILED IT, with a copy of the original form.
    The Clerk of the Court of Criminal Appeals may, without filing
    an application that does not comply with this rule, return it
    to the Clerk of the convicting court, with a notation of the
    defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE
    APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official
    form.
    As stated previously, Mr. Badall was never notified by either
    Court Clerk that his application had been dismissed on August
    22, 2012, nor was informed for what reason(s) it was dismissed,
    until he requested a status report on February 24, 2015, and
    March 13, 2015, etc. See: (EXHIBIT-A, B)
    A question has to be raised as to, if Mr. Badall or the trial
    judge knew the Application was dismissed on August 22, 2012,
    why then would the trial judge conduct a "live" evidentiary hearing
    and enter his Findings of Fact and Conclusions of Law on the
    same Application on June 11, 2013?
    Also, another question must be raised, if the Clerk of the
    convicting Court fulfilled her duties mandated by art. 11.07,
    §3(b), and forwarded Badall's Application to the District Attorney,
    etc., then how did the Court of Criminal Appeals DISMISS Badall's
    Application BEFORE any Findings of Fact and Conclusions of Law
    were provided to them pursuant to art. 11.07, §3(d)?
    5.
    Mr. Badall asserts that the record clearly reveals that his
    Application filed on April 18, 2012, and/or the Application
    dismissed on June 19,      2015,    were in compliance with T.R.A.P.
    Rule 73.1 (a)-.(d) , whereas,      the information provided on the application
    were typewritten, the FACTS were in summary form, and the applications
    and memorandums were within the required page limitation.            See:
    (WR-78,218-01)
    Article I, §12 of the Texas Constitution states:            "The writ
    of habeas corpus is a writ of right and shall never be suspended."
    See also:   EX PARTE THOMPSON,       
    273 S.W.3d 177
    ,    181 (Tex.Crim.App.
    2008)(The legislature shall enact laws to render the remedy
    speedy and effectual).
    Similarly, article 1.08, Texas Code of Criminal Procedure,
    provides that "the writ of habeas corpus is a writ of right and
    shall never be suspended."
    In addition,   the Court of Criminal Appeals,          the District
    Courts,   the County Courts,       or any Judge of said Courts,    have
    power to issue the writ of habeas corpus; and it is their duty,
    UPON PROPER MOTION,      to grant the writ under the rules prescribed
    by law. See: TEX.CODE CRIM.PROC ART.          11.05.
    By the Court(s) DISMISSAL of Badall's application(s) for
    writ of habeas corpus,      such unreasonable action has placed an
    unnecessary burden,      delay,    and expense on Mr.   Badall from having
    to reproduce copies of exhibits and refiling the application
    and memorandum,   etc.
    PRAYER
    For the above and foregoing reasons, Mr. Badall asks this
    Court to reconsider its dismissal of his Application(s) for
    Writ of Habeas Corpus on the court's own motion, and reinstate
    Mr. Badall's Application/memorandum for review of its merits.
    Executed on this                 \L, ^     day of      QcAv>\p€-\T       > 2015.
    "7 ;)
    /71s-
    CHRISONDATH        BADALL
    OATH
    I, CHRISONDATH BADALL, do declare under the penalty of perjury
    pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that
    the facts stated herein my request for the Court's reconsideration
    of its dismissal of my application for writ of habeas corpus,
    on the court's own motion,               is true and correct.
    Executed on this             \U*         day of     Qc.M>\\
    I filed ;my first Appricati'on: for Writ of Habeas Corpus pursuant
    to C.C.P. art. 11.07, on April 18, 2012. On June 11, 2013, the
    trial judge of the 75th Judicial District Court of Liberty County,
    Texas, appointed me an attorney and held an evidentiary hearing
    pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01
    At no time prior to this evidentiary hearing was I informed
    that my application for writ of habeas corpus had been DISMISSED
    for NON-COMPLIANCE on August 22, 2012. I did not learn of this
    fact until after requesting a status report from my appointed
    attorney, on March 27, 2015. See: (EXHIBIT-B)
    I immediately refiled my application for writ of habeas corpus,
    but it was, AGAIN, dismissed for non-compliance on June 19, 2015,
    unbeknownth to me until obtaining another status report by way
    of the inter-net. See:        (EXHIBIT-C)
    OATH
    I, CHRISONDATH BADALL, do declare under the penalty of perjury
    that the facts stated herein my Voluntary Affidavit is true and
    correct.
    Executed on this        \U v       day of   DcWY"^   2015.
    CHRISONDATH    BADALL
    T.D.CJ.     NO. #1329319
    2400 Wallace pack rd.
    navasota,    texas,   77868
    Stephen C. Taylor
    Attorney at Law
    P.O.   Box 293
    Conroe, Texas 77305
    Voice Mail (800) 223-8308
    Fax (936) 539-1079
    e-mail: sctaylorl@peoplepc.com
    March 27,   2015
    Chrisondath Badall
    TDC# 1329319
    Pack One Unit
    2400 Wallace Pack Rd.
    Navasota, Texas            77868
    Re: Writ No. WR-78,218-01; Liberty County
    Mr.    Badall:
    Records from the Court of Criminal Appeals (CCA) reflect:
    On 8-13-12 the CCA received an Application for Writ of
    Habeas Corpus from you; assigned case# WR-78,218-01.
    On 8-22-12 the CCA DISMISSED your Application for Writ
    of Habeas Corpus for NON-COMPLIANCE.
    On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
    RECORD from the Liberty County District Clerk's Office,
    which included the record from our hearings, and the
    FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed
    the SUPPLEMENTAL CLERK'S RECORD, but took no action because
    case # WR-78,218-01 had been previously DISMISSED for
    NON-COMPLIANCE.
    On 2-24-15 and 3-13-15 you corresponded with the CCA
    requesting a status update.             On both occasions the CCA
    advised vou that case # WR-78,218-01 had been previously
    DISMISSED for NON-COMPLIANCE.
    //
    Thank you,
    SJ^-     ,-•     ,   /)•   //
    Stephen C. Taylcvr
    SHSS^-                            -Go&r? m-€wmm&L Appeals " •" ™:'" (5i^55] "'
    P.O. BOX 12308, CAPITOL STATION
    LAWRENCE E.MEYERS                               AUSTIN, TEXAS 78711                                     SIANSCH1LHAB
    CHERYL JOHNSON                                                                                          GENERAL COUNSEL
    MIKE KEASLER                                                                                              (512)463-1597
    BARBARA P. HERVEY
    ELSA ALCALA
    BERT RICHARDSON
    KEVIN P. YEARY
    DAVID NEWELL
    n inoF.s
    April 01, 2015
    Chrisondath Badali
    320 S. Chestnut St.
    Lufkin. TX 75901
    Re: Badall, Chrisondath
    CCA No. WR-78,218-01
    Trial Court Case No. CR24834-A
    Your letter has been received. Please be advised:
    IMPORTANT:            PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
    WRITING.
    • To obtain Copies ofitems requested, contact the State Law Library, Inmate Copy Service, at
    PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
    aliases, TDCJ number, date ofconviction, county ofconviction, appeal number and complete
    mailing address.
    D Your records will not be returned to you because once records are received in the Court they
    become the permanent records of this Court.
    S Your application for writ of habeas corpus has been received on Monday, August 13,
    2012.       The status is: DISMISSED - NON COMPLIANT on August 22, 2012.
    Specifically, facts notsetouton the prescribed form.
    • Neither the Judges nor the staff of the Court can give legal advice. We recommend you
    contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
    Division.
    Sincerely,
    Abel Afeosta, Clerk
    SupremeCourt Building, 201 West 14th Street, room 106, Austin, Texas 78701
    Website www.txcourts.gov/cca.aspx
    Docket Sheet
    Court of Criminal Appeals
    Case Number WR-78,218-01
    DaterFaefkQ&aaffiQI 2^ -.
    Style: Badall, Chrisondath
    Original Proceeding:             No
    Case Description:            11.07HC
    Punishment: 55 YRS          BondAmount:            in Jail: False
    Trial Court Information
    County                    CourtName             Case#            Judge                 Court Reporter
    Liberty                   75th District Court   CR24834-A
    COA Information
    COA Case Number                  Published Cite                  COAJudge          Disposition Code
    09-05-00498-CR
    Events and Opinions :
    Event Date   Stage              :Event            Event            Disposition   Grouping     Order     Submis
    ,Description                                Type      sion
    03/13/2015   HABEAS     STATUS                    PROSE            NONCOMP/R
    CORPUS REC                                           ;etd
    -1107-HC
    02/24/2015   HABEAS              STATUS           ;PROSE           NONCOMP/R
    CORPUS REC                                            ETD
    -1107-HC
    09/23/2013 ; HABEAS              SUPP/CLERK       WRIT
    CORPUS REC ;RECORD
    -1107-HC
    08/22/2012 HABEAS                ACTION           ;WRIT            NONCOMP/R                  NONCOM
    CORPUS REC TAKEN                                     ETD                        P/RETD
    -1107-HC                                                                         73.1
    08/15/2012    HABEAS      WRIT                    WRIT
    CORPUS REC .SUBMITTED
    -1107-HC
    08/13/2012    HABEAS            WRIT              WRIT
    CORPUS REC RECEIVED
    -1107-HC
    Report Preoared on: 3/13/2015 2:33:47 Pivi
    Texas Judicial
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    CASE:                WR-78,218-01
    DATE FILED:          08/13/2012
    CASE TYPE:           11.07 HC
    STYLE:               BADALL, CHRISONDATH
    V.:
    APPELLATE BRIEFS
    EVENT TYPE    DESCRIPTION           DOCUMENT
    i DATE
    NO BRIEFS.
    CASE EVENTS
    http://www.search.txcourts.gov/Case.aspx?cn=WR-78.218-01&coa=coscca         3/27/2015
    i DATE                        | EVENT TYPE                 DESCRIPTION            J DISPOSITION              j DOCUMENTi
    LETTER
    STATUS         (INMATE                              DISMISSED      -   NON-
    I 03/T3720T5                                              PROSE
    CORRES)                                             COMPLIANCE                  [ PDF/57 KB 1
    LETTER
    [ PDF/35 KB)
    STATUS         (INMATE                              DISMISSED      -   NON-
    | 02/24/2015                   CORRES)
    PROSE
    : COMPLIANCE                 NOTICE
    I PDF/102 KB)
    APPLICATION     FOR
    SUPP/CLERK
    09/23/2013                                               WRIT    OF    HABEAS
    RECORD
    CORPUS-11.07
    APPLICATION     FOR
    DISMISSED      -   NON-
    j 08/22/2012                   ACTION TAKEN                WRIT    OF    HABEAS
    COMPLIANCE
    CORPUS-11.07
    APPLICATION     FOR
    ! 08/13/2012                   WRIT RECEIVED               WRIT    OF    HABEAS
    CORPUS-11.07
    CALENDARS
    SET DATE                                      ! CALENDAR TYPE                           REASON SET
    08/22/2012                                     STORED                                   WRIT STORED
    PARTIES
    PARTY                                          PARTYTYPE                                 REPRESENTATIVE
    APPLICANT         (WRITS)/APPELLANT'S
    I BADALL. CHRISONDATH
    (CASES)
    COURT OF APPEALS INFORMATION:
    COA CASE NUMBER                    09O5O049S-CR
    COA DISPOSITION:
    OPINION CITE:
    COURT OF APPEALS DISTRICT:         9TH COURT OF APPEALS
    TRIAL COURT INFORMATION
    COURT:                             75TH DISTRICT COURT
    COUNTY:                            LIBERTY
    COURT JUDGE:
    COURT CASE:                        CR24834-A
    http://wvvw.search.txcourts.gov/Case.aspx?cn=WR-78r218-01 &coa=coscca                                                          3/27/2015
    y,w\£>. x   -   r
    —*--=gtS*3£Si~
    \*\ (Net Data Corp A
    Function:   Options
    - / * *                                Docket Transactions^
    -set's s'g'&gsaSL
    • •»•,*> FJ3ne jH'slory/CalpnJarmg"                                   Itofes I
    File No               CR24834-A
    Case No     CR24834-A
    Seq              Date      *                                 Description
    Vol             Page
    Name
    C 07222013 AFFIDAVIT OF JOSEPH L.^LANZfi/SB ' '                        '                   i
    C 09132813 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB                                      i                111
    i
    i
    CQ9132013 DOCKET-SHEET/SB                      - -               t     /"' j"              i
    >i
    C 09182013 PREPARED'AND HAILED 1ST SUPPLEMENTAL RECORD/SB                                  i               202I  1
    C 09182013       DOCKET SHEET/SB                                                           i                 2,
    • i "*,   ^•r                                           r       ^
    I                 1
    v C 09182013       COVER LETTER TO COfl/SB"
    •C 06192015      PER COS THIS CflSE-lilflS-'DISniSSED^FOR"
    N0N COPI>LiflNCE/TN*>", *
    Additional information
    Sequence f "          j      Party Name        j                                                 Date
    OK I Prior I imaging I Save                                  Earties          View Money       Locate                   Exit             Help
    fibtf   'I
    Case No.
    (The Cleric of the convicting court will fill this line in.)
    IN THE COURT OF CRIMINAL APPEAL^ OJ? TEXAS
    APPLICATION FOR A WRIT OF HABEAS CORPUS
    SEEKING RELIEF FROM FINAL FELONY CONVICTION
    UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
    NAME: CHRISONDATH BADALL
    DATE OF BIRTH:                                                                     —
    PLACE OF CONFINEMENT: pack-one UNIT, T.D.CJ.
    TDCJ-C3D NUMBER:             1329319                            SID NUMBER:
    (I)    This application concerns (check all that apply):
    ca      a conviction                                    n         parole
    a
    a sentence                                      a         mandatory supervision
    d       time credit                                     si        out-of-time appeal or petition for
    discretionary review
    (2)    What district court entered the Judgment ofthe conviction you want relief from?
    (Include the court number and county.)
    75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS
    (3)    What was the case number in the trial court?
    CAUSE NO. 24,834
    (4)    What was the name of the trial judge?
    HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)
    Revised: September L 2011                                                                         ATC-l 1.07
    (5)    Were you represented by counsel? If yes, provide the attorney's name:
    RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal)
    (6)    What was the date that thejudgment was entered?
    SETEMBER 9,         2005         _____
    (7)     For what offense were you convicted and what was the sentence?
    MURDER       (55) YEARS IMPRISONMENT
    (8)    Ifyou were sentenced on more than one count of an indictment in the same court at
    the same time, whatcounts were you convicted of and whatwas the sentence in each
    count?
    N/A
    (9)     Whatwas the plea you entered? (Check one.)
    a guilty-open plea            • guilty-plea bargain
    s not guilty                  a nolo contendere/no contest
    Ifyou entered different pleas to counts in a multi-count indictment, please explain:
    N/A
    (10)    What kind oftrial did you have?
    a no jury                            8 jury for guiltand punishment
    n jury for guilt, judge for punishment
    (11)    Did you testify at trial? If yes, at what phase ofthe trial did you testify?
    GUILT/INNOCENCE and PUNISHMENT
    (12)    Did you appealfrom the judgment of conviction?
    a yes                         • no
    Revised: September 1,2011                                                             ATC-11.07
    Ifyou did appeal, answer the following questions:
    (A) What court of appeals did you appeal to? *tnth DISTRICT OF TEXAS
    (B)      What was the case number?          09-05-00498-CR
    (C)      Were you represented by counsel on appeal? If yes, provide the attorney's
    name:
    JOSEPH L.   LANZA
    (D)      What was the decision and the date of the decision? —_
    (13) Did you file apetition for discretionary review in the Court of Criminal Appeals?
    a yes                          a no
    If you did ffle apetition for discretionary review, answer the following questions:
    (A)      What was the case number? PD-0552-07
    (B) What was the decision and the date ofthe decision? dtsmissed/6 20 07
    (14) Have you previously filed an application for awrit of habeas corpus under Article
    11.07 ofthe Texas Code of Criminal Procedure challenging this conviction!
    a yes                          a no
    Ifyou answered yes, answer the following questions:
    (A) What was the Court of Criminal Appeals' writ number?                 «ZA.
    (B)      What was the decision and the date of the decision?
    (C) Please identify the reason that the current claims were not presented and
    could not have been presented on your previous application.
    N/A
    ATC-11.07
    Revised: September 1, 2011
    (15) Do you currently have any petition or appeal pending in any other state or federal
    court?
    • yes                         H no
    Ifyou answered yes, please provide the name of the court and the case number:
    N/A                             .
    (16)   Ifyou are presenting a claim for time credit, have you exhausted your
    administrative remedies by presenting your claim to thetime credit resolution
    system of the Texas Department of Criminal Justice? (This requirement applies to
    amy final felony conviction, including statejailfelonies)
    a yes                         a no    N/A
    If you answered yes, answer the following questions:
    (A)      What date did you present the claim?     N//A.
    (B)      Did you receive a decision and, ifyes, what was the date of the decision?
    N/A
    If you answered no, please explain why you have not submitted your claim:
    N/A
    (17)    Beginning on page 6, state concisely every legal ground for your claim that you are
    being unlawfully restrained, and then briefly summarize thefacts supporting each
    ground. You must present each ground on the form application and a brief
    summary ofthe facts. Ifyour grounds and briefsummary ofthefacts have not been
    presented ontheform application, the Court will not consideryour grounds.
    Revised: September 1, 2011                                                            ATC-11 -07
    If you have more than four grounds, use page 10 of the form, which you may copy
    as many times as needed to give you a separate page for each ground, with each
    ground numbered in sequence.
    You may attach a memorandum of law to the form application if you want to
    present legal authorities, but the Court will not consider grounds for relief in a
    memorandum of law that were not stated on the form application.        If you are
    challenging the validity of your conviction, please include a summary of the facts
    pertaining to your offense and trial in your memorandum.
    Revised: September 1,2011                                                       ATC-11.0"
    GROUND ONE:                            _.   »„„-.,. PnnMc.PT
    INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL
    (NOTE: Same Law Firm handled applicant's trial and appeal)
    FACTS SUPPORTING GROUND ONE:
    Applicant's trial and/or appellate counsel's representation
    was so deficient that it fell below an objective standard of
    reas
    onableness, and there is a reasonable probability that, but
    for counsel(s) unprofessional error(s) stated in points of
    error (A) through (f=) of applicant's MEMORANDUM IN SUPPORT of
    application, the result of the trial and/or appellate proceedinq
    would had been different, thus, violatinq applicant's 6th and 14th
    amendment rights to the U.S. Constitution and Art.I, §10, of the
    Texas Constitution.                                          .
    See: (MEMORANDUM IN SUPPORT OF APPLICATION, page 1-     )
    Revised: September 1,2011                                      ATCA1 -07
    GROUND TWO:
    N/A
    FACTS SUPPORTING GROUND TWO:
    N/A
    Revised: September L2011             ATC-11.0/
    GROUND THREE:
    N/A
    FACTS SUPPORTING GROUND THREE:
    N/i
    Revised: September 1, 2011             ATC-11.07
    GROUND FOUR:
    N/A
    FACTS SUPPORTING GROUND FOUR:
    N/A
    Revised: September 1, 2011            ATC-11.07
    GROUND:                         N/A
    FACTS SUPPORTING GROUND:
    N/A
    WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
    RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.
    10
    ATC-11.07
    Revised: September 1,2011
    VERIFICATION
    This application must be verified or it will be dismissed for non-compliance. For verification purposes, an
    applicant is aperson filing the application on his or her own behalf. Apetitioner is aperson filing the application on
    behalf ofan applicant, for example, an applicant's attorney. An inmate is aperson who is in custody.
    The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the
    "Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, theattorney may
    sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." Anon-mmate
    applicant must sign the "Oath Before aNotary Public" before anotary public unless he is represented by alicensed
    attorney, in which case the attorney may sign the verification as petitioner.
    A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public
    and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before aNotary
    Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the
    appropriate "Petitioner's Information."
    OATH BEFORE A NOTARY PUBLIC
    STATE OF TEXAS
    COUNTY OF
    '                            , being duly sworn, under oath says: "I am the applicant / petitioner
    (circle one) in this action and know the contents ofthe above application for awrit ofhabeas corpus and, according
    to my belief, thefacts stated in theapplication are true."
    N/A
    Signature of Applicant / Petitioner (circle one)
    SUBSCRIBED AND SWORN TO BEFORE ME THIS                            DAY OF                , 20_.
    N/A
    Signature of Notary Public
    11
    Revised: September 1, 2011                                                                                  ATC-11.07
    PETITIONER'S INFORMATION
    Petitioner's printed name:                       N/A
    State bar number, if applicable:                 N/A
    N/A
    Address:
    N/A
    Telephone:
    N/A
    Fax:
    INMATE'S DECLARATION
    I, Chrisondath Badall                      am the applicant / petitioner (circle one) and being presently
    incarcerated in      T.D.CJ. -C . I. D.                  declare underpenalty of perjury that, according to my belief,
    the facts stated in the above application are true and correct
    Signed on _                           ^20_
    Signature ofJ           Petitioner (circle one)
    12
    Revised: September 1,2011                                                                                 ATC-11.07
    Petitioner's printed name:
    irirfr«t.          3060     PM     3514     #703577
    maov     r.7    crm r   co      riMTT>
    T.D.CJ.
    70 5
    n..
    l\l / ~i\i
    - ••
    J r*if=>nhr>np:
    Signed on
    f l                ;   >          >r   ,i/ *      r i
    '% \ _. . ^«i ila—- / /i /    rv*Ct.~,AU^. .  ...
    '.j.t~CJ'"'" »*•>" •' " =   ^gw-JLfiry *ramr—
    Wp-sncert-    NpnTP.mnp.r i . i t i n                                                                                        ..-—
    CHRISONDATH     BADALL
    T.D.CJ.     NO.   #1329319
    2400   WALLACE    PACK   RD.
    NAVASOTA,   TEXAS,   77868
    TEXAS COURT OF CRIMINAL APPEALS (CLERK)
    P.O.    BOX    12308
    AUSTIN,       TEXAS,    78711
    RE:    CAUSE NO.       WR-78,218-01
    Dear Hon. Clerk;          (Greetings)
    Please find enclosed, the original and (2) copies of Applicant's
    Suggestion For Reconsideration on the Court's Own Motion to be
    filed    for    review.
    Sincerely Thankful;
    , \
    .-OLsx^JlJl Q"/fX--
    IN   THE
    TEXAS COURT OF CRIMINAL APPEALS
    AUSTIN,     TEXAS
    EX   PARTE,                         §
    BADALL,   CHRISONDATH                           CAUSE NO.   WR-78,218-01
    (Applicant)                         *
    APPLICANT'S SUGGESTION FOR RECONSIDERATION
    OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,
    PURSUANT TO C.C.P. ART. 11.07, ON THE COURT'S OWN MOTION
    TO THE HONORABLE JUDGES OF SAID COURT:
    NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se
    in the above styled and numbered cause, respectfully makes his
    suggestion for reconsideration of the Court's DISMISSAL of
    Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.
    11.07, on the Court's own motion. In support thereof, Applicant,
    hereinafter referred to as, "SADALL," would show the Court the
    following:
    I.
    Applicant's request for this Court's reconsideration of its
    DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on
    its own motion is authorized by T.R.A.P. Rule 79.2(d).
    II.
    Applicant believes the Court's reconsideration of its DISMISSAL
    of Applicant's Application for Writ of Habeas Corpus (11.07)
    is required in the interest of justice for the following reason:
    THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL
    APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT
    OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS
    RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S.    CONSTITUTION,
    ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL
    PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &,2.
    RELEVANT   FACTS
    The record reveals that on August 13, 2012, the Court of
    Criminal Appeals received Mr. Badall's Application for Writ of
    Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED
    the Application for non-compliance on August 22, 2012. See:
    (WR-78,218-01)
    At no time prior to the Court's dismissal of Badall's Application
    was he notified by either, the Clerk of the convicting Court
    or the Clerk of the Court of Criminal Appeals of any defect(s)
    within the Application, as required by T.R.A.P. Rule 73.2, nor
    was Mr. Badall, or the convicting Court notified of the Court's
    dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)
    Due to reason,   the convicting court was not advised of the
    dismissal of Badall's Application for Writ of Habeas Corpus,
    and believed it was still active,     the convicting court conducted
    2.
    a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
    V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
    District Court of Liberty, County, Texas), in addition, appointed
    Mr. Badall an attorney specifically for the evidentiary hearing
    process. See: (WR-78,218-01)
    After the evidentiary hearing was conducted, counsel for the
    state and counsel for Mr. Badall submitted their Proposed Findings
    of Fact and Conclusions of Law for the trial Judge's consideration.
    On September 23, 2013, the Court of Criminal Appeals received
    the Supplemental Clerk's Record from the convicting court, which
    included the record of the evidentiary hearing and the Findings
    of Fact and Conclusions of Law rendered by the trial judge.
    On February 24, 2015, Mr. Badall sent a letter to the Court
    of Criminal Appeals requesting a status report on his pending
    Application for writ of habeas corpus. After no response, Mr.
    Badall sent another letter to the Court of Criminal Appeals,
    along with a letter to his appointed attorney, requesting a
    status report. See: (EXHIBIT-B)
    On March 27, 2015,   Mr. Badall's appointed attorney responded
    by informing Badall that his Application for Writ of Habeas Corpus
    was DISMISSED for NON-COMPLIANCE almost (2) years prior to his
    status report request, on August 22, 2012. See: (EXHIBIT-B)
    Mr. Badall, although still not knowing the reason(s) for the
    dismissal of his Application, immediately prepared and submitted
    another Application for Writ of Habeas Corpus, pursuant to
    3.
    V.A.C.C.P.   art.    11.07.
    On June 19,      2015,   Mr.   Badall's Application for Writ of Habeas
    Corpus was ag'airi DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.
    Rule 73.2.   See:    (EXHIBIT-C)
    As before,    Mr.   Badall was not notified by either the Clerk
    of the convicting Court,          or the Clerk of the Court of Criminal
    Appeals regarding what defects,           if any,    needed corrected for
    compliance with Rule 73. See:           (EXHIBIT-A)
    ARGUMENT    AND    AUTHORITIES
    An application filed under Article 11.07,                 Texas Code of Criminal
    Procedure,   must be filed on the prescribed 11.07 form application.
    See:   EX PARTE BLACKLOCK, 
    191 S.W.3d 718
    , 719 (Tex.Crim.App. 2006)
    (citing T.R.A.P. Rule 73.1(a)).
    Pursuant to T.R.A.P. Rule 73.1(c), the person making the
    application must provide all information required by the form.
    The application must specify all grounds for relief,                 and must
    set forth in SUMMARYxfashion the FACTS supporting each ground.
    The application must not cite cases or other law.                Legal citations
    and arguments may be made in a separate memorandum. The application
    must be typewritten or handwritten legibly.
    As the record reveals,         Mr.   Badall sufficiently complied to
    each and every requirement set forth in Rule "73.1(a) through
    (d), in-BOTH applications submitted by Badall. See:                 (WR-78,218-01).
    4.
    Pursuant to T.R.A.P. Rule 73.2,            the Clerk of the convicting
    court will not file an application that is not on the form prescribed
    by the Court of Criminal Appeals, and will RETURN THE APPLICATION
    TO THE PERSON WHO FILED IT, with a copy of the original form.
    The Clerk of the Court of Criminal Appeals may,               without filing
    an application that does not comply with this rule, return it
    to the Clerk of the convicting court,               with a notation of the
    defect,       AND THE CLERK OF THE CONVICTING COURT WILL            RETURN THE
    APPLICATION TO THE PERSON WHO FILED IT,                  with a copy of   the official
    form.
    As stated previously, Mr.          Badall was never notified by either
    Court Clerk that his application had been dismissed on August
    22,    2012, nor was informed for what reason(s)               it was dismissed,
    until he requested a status report on February 24,                  2015,   and
    March 13,       2015,   etc.   See:   (EXHIBIT-A,   B)
    A question has to be raised as to,            if Mr.    Badall or the trial
    judge knew the Application was dismissed on August 22,                    2012,
    why then would the trial judge conduct a "live" evidentiary hearing
    and enter his Findings of Fact and Conclusions of Law on the
    same Application on June 11,             2013?
    Also,   another question must be raised,             if the Clerk of the
    convicting Court fulfilled her duties mandated by art.                    11.07,
    §3(b), and forwarded Badall's Application to the District Attorney,
    etc.,    then how did the Court of Criminal Appeals DISMISS Badall's
    Application BEFORE any Findings of Fact and Conclusions of Law
    were provided to them pursuant to art.               11.07,    §3(d)?
    5.
    Mr.    Badall asserts that the record clearly reveals that his
    Application filed on April 18, 2012, and/or the Application
    dismissed on June 19,      2015,    were in compliance with T.R.A.P.
    Rule 73.1(a)-(d), whereas,         the information provided on the application
    were typewritten,    the FACTS were in summary form,          and the applications
    and memorandums were within the required page limitation.             See:
    (WR-78,218-01)
    Article I, §12 of the Texas Constitution states:             "The writ
    of habeas corpus is a writ of right and shall never be suspended."
    See also: EX PARTE THOMPSON,         
    273 S.W.3d 177
    ,     181 (Tex.Crim.App.
    2008)(The legislature shall enact laws to render the remedy
    speedy and effectual).
    Similarly, article 1.08, Texas Code of Criminal Procedure,
    provides that "the writ of habeas corpus is a writ of right and
    shall never be suspended."
    In addition,   the Court of Criminal Appeals,          the District
    Courts,   the County Courts,       or any Judge of said Courts,     have
    power to issue the writ of habeas corpus; and it is their duty,
    UPON PROPER MOTION,      to grant the writ under the rules prescribed
    by law. See: TEX.CODE CRIM.PROC          ART.   11.05.
    By the Court(s) DISMISSAL of Badall's application(s) for
    writ of habeas corpus; such unreasonable action has placed an
    unnecessary burden, delay, and expense on Mr. Badall from having
    to reproduce copies of exhibits and refiling the application
    and memorandum,   etc.
    6.
    PRAYER
    For the above and foregoing reasons,                      Mr.   Badall asks this
    Court to reconsider its dismissal of his Application(s) for
    Writ of Habeas Corpus on the court's own motion,                              and reinstate
    Mr. Badall's Application/memorandum for review of its merits.
    Executed on this                \U ^          day of        f)c..Vr>'\p€Ar~     / 2015.
    CHRISONDATH      BADALL
    OATH
    I, CHRISONDATH BADALL,             do declare under the penalty of perjury
    pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that
    the facts stated herein my request for the Court's reconsideration
    of its dismissal of my application for writ of habeas corpus,
    on   the   court's   own      motion,    is   true    and    correct.
    Executed on this              )j?       day of         Pc/W^eN"           , 2015.
    CHRISONDATH      BADALL
    CERTIFICATE       OF   SERVICE
    I, CHRISONDATH BADALL,             do certify that a true and correct
    copy of this document was served on Respondent by U.S. Mail,
    postage prepaid,        addressed to:
    Liberty County, Texas, District Attorney                                  0LuJhj P*rk8l
    -.ooo                   04-                                             CHRISONDATH BADALL
    -1923   Sam   Houston   St.
    T.D.CJ.     NO.    #1329319
    Liberty, Texas, 77575                                                   240Q WALLACE pACR RD_
    NAVASOTA,    TX.   77868
    rYAW &\t
    VOLUNTARY AgEI DM IX
    I, CHRISONDATH BADALL, being of sound mind, and over the age of
    (18) years old, make this declaration from personal knowledge,
    and under the penalty of perjury:
    I filed my first Application for Writ of Habeas Corpus pursuant
    to CCP. art. 11.07, on April 18, 2012. On June 11, 2013, the
    trial judge of the 75th Judicial District Court of Liberty County,
    Texas, appointed me an attorney and held an evidentiary hearing
    pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01
    At no time prior to this evidentiary hearing was I informed
    that my application for writ of habeas corpus had been DISMISSED
    for NON-COMPLIANCE on August 22, 2012. I did not learn of this
    fact until after requesting a status report from my appointed
    attorney, on March 27, 2015. See: (EXHIBIT-B)
    I immediately refiled my application for writ of habeas corpus,
    but it was, AGAIN, dismissed for non-compliance on June 19, 2015,
    unbeknownth to me until obtaining another status report by way
    of the inter-net. See: (EXHIBIT-C)
    OATH
    I, CHRISONDATH BADALL, do declare under the penalty of perjury
    that the facts stated herein my Voluntary Affidavit is true and
    correct.
    Executed on this        \U^         day of fV.VoW^   2015.
    CHRISONDATH    BADALL
    T.D.CJ.     NO.#1329319
    2400 Wallace pack rd.
    navasota,    texas,   77868
    ?
    1       _}
    Stephen C. Taylor
    Attorney at Law
    P.O.   Box 293
    Conroe, Texas  77305
    Voice Mail (800) 223-8308
    Fax (936) 539-1079
    e-mail: sctaylorl@peoplepc.com
    March 27,     2015
    Chrisondath Badall
    TDC# 1329319
    Pack One    Unit
    2400 Wallace       Pack Rd.
    Navasota,    Texas     77868
    Re:    Writ No.    WR-78,218-01;   Liberty County
    Mr.    Badall:
    Records from the Court of Criminal Appeals        (CCA)   reflect:
    On 8-13-12 the CCA received an Application for Writ of
    Habeas Corpus from you; assigned easel WR-78,218-01.
    On 8-22-12 the CCA DISMISSED your Application for Writ
    of Habeas Corpus for NON-COMPLIANCE.
    On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
    RECORD from the Liberty County District Clerk's Office,
    which included the record from our hearings,        and the
    FINDINGS OF FACT AND CONCLUSIONS OF LAW.  The CCA filed
    the SUPPLEMENTAL CLERK'S RECORD, but took no action because
    case # WR-78,218-01 had been previously DISMISSED for
    NON-COMPLIANCE.
    On 2-24-15 and 3-13-15 you corresponded with the CCA
    requesting a status update.         On both occasions the CCA
    advised you that case # WR-78,218-01 had been previously
    DISMISSED    for NON-COMPLIANCE.
    Stephen C. TayL<
    s™Dr^GE                           Court of Criminal Appeals                                            abe™sta
    (512)463-1551
    P.O. BOX 12308, CAPITOL STATION
    theryljohn^oEnERS
    CHERYL JOHNSON
    AUSTIN, TEXAS 78711                                    SIANschilhab
    GENERAL COUNSEL
    MIKE KEASLER                                                                                             (512)463-1597
    BARBARA P. HERVEY
    ELSA ALCALA
    BERT RICHARDSON
    KEVIN P. YEARY
    DAVID NEWELL
    JUDGES
    April 01, 2015
    Chrisondath Badall
    320 S. Chestnut St.
    Lufkin, TX 75901
    Re: Badall, Chrisondath
    CCA No. WR-78,218-01
    Trial Court Case No. CR24834-A
    Your letter has been received. Please be advised:
    IMPORTANT:           PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
    WRITING.
    • To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at
    PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
    aliases, TDCJ number, date of conviction, county of conviction, appeal number and complete
    mailing address.
    •      Your records will not be returned to you because once records are received in the Court they
    become the permanent records of this Court.
    @ Your application for writ of habeas corpus has been received on Monday, August 13,
    2012.       The status is: DISMISSED -- NON COMPLIANT on August 22, 2012.
    Specifically, facts not set out on the prescribed form.
    •      Neither the Judges nor the staff of the Court can give legal advice. We recommend you
    contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
    Division.
    Sincerely,
    iJosta, Clerk
    Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
    Website www.txcourts.gov/cca.aspx
    Docket Sheet
    Court of Criminal Appeals                                                          Case Number WR-78,218-01
    Date Filed: 08/13/2012
    Style: Badall, Chrisondath
    OriginalProceeding:         No
    Case Description:         11.07HC
    Punishment: 55 YRS            BondAmount:            In Jail: False
    Trial Court Information
    Judge                 Court Reporter
    County                  Court Name          Case#
    Liberty                :75th District Court CR24834-A
    COA Information
    COA Case Number              Published Cite                    COAJudge          Disposition Code
    09-05-00498-CR
    Events and Opinions
    Event Date   Stage           Event            Event              Disposition   Grouping     Order     Submis
    Description                                   Type      sion
    03/13/2015 i HABEAS    iSTATUS                IPROSE             NONCOMP/R
    iCORPUSREC;                                         lETD
    (-1107-HC
    02/24/2015 HABEAS           ISTATUS               PROSE         ; noncomp/r
    CORPUSREC?                                         ;etd
    -1107-HC
    09/23/2013 lHABEAS          iSUPP/CLERK WRIT
    CORPUS RECI RECORD
    •-1107-HC                        :
    NONCOMP/R                   NONCOM
    08/22/2012 HABEAS            ACTION           IWRIT                                          P/RETD
    ; CORPUS REC-TAKEN                                  ETD
    73.1
    -1107-HC
    08/15/2012 HABEAS            'WRIT            !WRIT
    ;CORPUS REC; SUBMITTED           ;
    -1107-HC
    08/13/2012 HABEAS            iWRIT                WRIT
    CORPUS REC RECEIVED
    :-1107-HC
    ReDort Prepared on: 3/13/2015 2:33:47 PM
    Texas Judicial
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    CASE:                WR-78,218-01
    DATE FILED:          08/13/2012
    CASE TYPE:           11.07HC
    STYLE:               BADALL. CHRISONDATH
    V.:
    APPELLATE BRIEFS
    EVENT TYPE     DESCRIPTION            DOCUMENT
    DATE
    iNO BRIEFS.
    CASE EVENTS
    http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca         3/27/2015
    DATE                         EVENT TYPE                 DESCRIPTION             DISPOSITION              DOCUMENT
    LETTER
    STATUS         (INMATE                             DISMISSED     -   NON
    03/13/2015                                              PROSE
    CORRES)                                            COMPLIANCE               [ PDF/57 KB 1
    LETTER
    NON-   (PDF/35 KB 1
    STATUS         (INMATE                            I DISMISSED    -
    02/24/2015                                             PROSE
    CORRES)                                            COMPLIANCE               NOTICE
    (PDF/102 KB ]
    APPLICATION      FOR
    SUPP/CLERK
    09/23/2013                                             WRIT    OF    HABEAS
    RECORD
    CORPUS - 11.07
    APPLICATION      FOR
    DISMISSED     -   NON-
    08/22/2012                  ACTION TAKEN               WRIT    OF    HABEAS
    COMPLIANCE
    CORPUS-11.07
    APPLICATION      FOR
    08/13/2012                  WRIT RECEIVED              WRIT    OF    HABEAS
    CORPUS-11.07
    CALENDARS
    SET DATE                                     CALENDAR TYPE                            REASON SET
    08/22/2012                                   STORED                                   WRIT STORED
    PARTIES
    PARTY                                        PARTYTYPE                                REPRESENTATIVE
    APPLICANT         (WRITS)/APPELLANT'S
    BADALL, CHRISONDATH
    (CASES)
    COURT OF APPEALS INFORMATION:
    COA CASE NUMBER                  09-05^30498-CR
    COA DISPOSITION:
    OPINION CITE:
    COURT OF APPEALS DISTRICT:       9TH COURT OF APPEALS
    TRIAL COURT INFORMATION
    COURT:                            75TH DISTRICT COURT
    COUNTY:                           LIBERTY
    COURT JUDGE:
    COURT CASE:                       CR24834-A
    http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca                                                      3/27/2015-'
    w
    >->i»<*,>n '
    File No       CR24834-A
    Case No      CR24834-A
    jSeq             Qate       ~"~                    Description
    Vol        Page
    •Name
    I             4
    C 07222013         AFFIDAVIT OF JOSEPH L. LANZA/SB                                           I
    C B9132Q13 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB                      I
    11 i i
    C 09132B13 DOCKET SHEET/SB                                                 I             i|
    C B9182Q13 PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB                 I           2021
    I             2
    C 89182013        DOCKET SHEET/SB
    C B9182013        COVER LETTER TO COA/SB                                  I             11
    C 06192815        PER COA THIS CASE WHS DISMISSED FOR                                           i
    NON COMPLIHNCE/fM /
    Additional information
    Sequence \           \       Party Name                                      ~"'j   Date
    OK I Prior I imaging | Save                        Parties        View Money I Locate              Exit                 Help
    Case No.
    (The Clerk of the convicting court will fill this line in.)
    IN THE COURT OF CRIMINAL APPEAL^ 0# f EXAS
    APPLICATION FOR A WRIT OF HABEAS CORPUS
    SEEKING RELIEF FROM FINAL FELONY CONVICTION
    UNDER CODE- OF CRIMINAL PROCEDURE* ARTICLE 11.07
    NAME:      CHRISONDATH BADALL
    DATE OF BIRTH:
    PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.CJ.
    TDC.I-CTD NUMBER:            1329319                           SID NUMBER:
    (1)    This application concerns (check all that apply):
    K       a conviction                                   •         parole
    a       a sentence                                     a         mandatory supervision
    a       time credit                                    H         out-of-time appeal or petition for
    discretionary review
    (2)    What district court entered the judgment of the conviction you want relief from?
    (Include the court number and county.)
    75th JUDICIAL DISTRICT,                     LIBERTY COUNTY, TEXAS
    (3)    What was the case number in the trial court?
    CAUSE NO.        24,834
    (4)    What was the name of the trial j udge?
    HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)
    Revised: September 1,2011                                                                        ATC-11.07
    Case No.
    (The Cleric of the convicting court will fill this line in.)
    IN THE COURT OF CRIMINAL APPEALS OF TEXAS
    APPLICATION FOR A WRIT OF HABEAS CORPUS
    SEEKING RELIEF FROM FINAL FELONY CONVICTION
    UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07
    NAME:       CHRISONDATH BADALL
    DATE OF BIRTH:
    PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.CJ.
    TDCJ-CID NUMBER:              1329319                            SID NUMBER:
    (1)    This application concerns (check all that apply):
    ca      a conviction                                     •         parole
    a       a sentence                                       a         mandatory supervision
    d       time credit                                      h         out-of-time appeal or petition for
    discretionary review
    (2)    What district court entered the judgment of the conviction you want relief from?
    (Include the court number and county.)
    75th JUDICIAL DISTRICT,                     LIBERTY COUNTY, TEXAS
    (3)    What was the case number in the trial court?
    CAUSE NO.        24,834
    (4)    What was the name of the trial judge?
    HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)
    Revised: September 1, 2011                                                                         ATC-11.07
    (5)    Were you represented by counsel? If yes, provide the attorney's name:
    RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal)
    (6)    What was the date that the judgment was entered?
    SETEMBER 9,          2005
    (7)    For what offense were you convicted and what was the sentence?
    MURDER        (55)   YEARS IMPRISONMENT
    (8)    If you were sentenced on more than one count of an indictment in the same court at
    the same time, what counts were you convicted of and what was the sentence in each
    count?
    N/A
    (9)    What was the plea you entered? (Check one.)
    o guilty-open plea            a guilty-plea bargain
    S not guilty                  a nolo contenderelno contest
    If you entered different pleas to counts in a multi-count indictment, please explain:
    N/A
    (10)   What kind of trial did you have?
    • no jury                            8 jury for guilt and punishment
    a jury for guilt, judge for punishment
    (11)   Did you testify at trial? If yes, at what phase of the trial did you testify?
    GUILT/INNOCENCE and PUNISHMENT
    (12)    Did you appeal from the judgment of conviction?
    K yes                        o no
    Revised: September 1, 2011                                                             ATC-11.07
    If you did appeal, answer the following questions:
    (A)      What court of appeals did you appeal to? ninth district of TEXAS
    (B)      What was the case number?         09-05-Q0498-CR
    (C)      Were you represented by counsel on appeal? Ifyes, provide the attorney's
    name:
    JOSEPH L.   LANZA
    (D) What was the decision and the date of the decision? affirmed/1-31-0
    (13) Did you file apetition for discretionary review in the Court of Criminal Appeals?
    m yes                         a no
    If you did file apetition for discretionary review, answer the foUowing questions:
    (A) What was the case number? pd-0552-07                                     __
    (B)      What was the decision and the date of the decision? DTSMISSED/6-20-07
    (14) Have you previously filed an application for awrit of habeas corpus under Article
    11.07 of the Texas Code of Criminal Procedure challenging this conviction I
    a yes                         & no
    Ifyou answered yes, answer the following questions:
    (A)     What was the Court of Criminal Appeals' writ number?.           __£
    (B)      What was the decision and the date of the decision?
    (C) Please identify the reason that the current claims were not presented and
    could not have been presented on your previous application.
    N/A
    ATC-11.07
    Revised: September 1,2011
    (15)   Doyou currently have any petition or appealpending in any other state or federal
    court?
    •   yes                        h no
    If you answered yes, please provide the name of the court and the case number:
    N/A
    (16)    If you are presenting a claim for time credit, haveyou exhausted your
    administrative remedies by presenting your claim to the time credit resolution
    system of the Texas Department of Criminal Justice? (This requirement applies to
    any final felony conviction, including state jail felonies)
    • yes                          a no    N/A
    If you answered yes, answer the following questions:
    (A)       What date did you present theclaim?      N/A
    (B)       Didyou receive a decision and, if yes, what was the date of the decision?
    N/A
    If you answered no, please explain whyyou have not submitted your claim:
    N/A
    (17)    Beginningon page 6, state concisely every legal ground for your claim that you are
    being unlawfully restrained, and then briefly summarize the facts supporting each
    ground. You must present each ground on the form application and a brief
    summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen
    presented on theform application, the Court willnot consider yourgrounds.
    Revised: September 1.. 2011                                                            ATC-11.07
    If you have more than four grounds, use page 10 of the form, which you may copy
    as many times as needed to give you a separate page for each ground, with each
    ground numbered in sequence.
    You may attach a memorandum of law to the form application if you want to
    present legal authorities, but the Court will not consider grounds for relief in a
    memorandum of law that were not stated on the form application. If you are
    challenging the validity of your conviction, please include a summary of the facts
    pertaining to your offense and trial in your memorandum.
    Revised: September 1,2011                                                        ATC-11.07
    GROUND ONE:
    INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL
    (NOTE: Same Law Firm handled applicant's trial and appeal)
    FACTS SUPPORTING GROUND ONE:
    Applicant's trial and/or appellate counsel's representation
    was so deficient that it fell below an objective standard of
    reasonableness, and there is a reasonable probability that, but
    for counsel(s) unprofessional error(s) stated in points of
    error (A) through (F) of applicant's MEMORANDUM IN SUPPORT of
    application, the result of the trial and/or appellate proceedinq
    would had been different, thus, violatinq applicant's 6th and 14th
    amendment riqhts to the U.S. Constitution and Art.I, §10- of the
    Texas Constitution.          _^_____                                —
    See: (MEMORANDUM IN SOPPORT OF APPLICATION, page 1-      )
    Revised: September 1, 2011                                    ATC-11.07
    

Document Info

Docket Number: WR-78,218-01

Filed Date: 10/23/2015

Precedential Status: Precedential

Modified Date: 9/29/2016