Montelongo, Joe ( 2014 )

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Date:_12-17-14
To: Court of Criminal Appeals
P. 0. BOX 12308
Austin Texas 78711
RECE|VED!N '
LAPPEALS
From: Mr. Joe Montelongo #1266916 COURTOFCRMMNA
. Michael Unit ,
2654 FM 2054 DEC 302®1@§
Tennessee Colony Texas 75886
Abel Acosta, Clerk
Re: wR-67,332-02.
Dear Glerk,
Please file these objections with the C;C.A, Thank You.
' cERTIFIcATE‘ oFt sERvIcE ' '
1 hereby certify that 1 have sent a true copy of these documents
tO:
1. District Clerk
133 North Riverfront Blvd.
Dallas Texas 75207» ~
mailed on``the date indicated above.
UNSWORN DECLARATION
Applicant declares that the attached is true and correct.
Respectfully submitted,
.. n ( _' v
¢jjr. Joe Montel§%go'#1266916
Michae1 Unit
2664 FM 2054
Tennessee Colony Texas 75886
cc.file
-wR@ei-'s32"-'62 " '
Court of CrZ@§na§ §ERZ§ls of Texas
IN THE ZOéth, DISTRICT COURT
575 F. Supp. 156 189 §M D. GA. 1983); and
Ziegenhagen 890 FZd 937, 940 §7th Clr. 989) "1t is well
established that no attorney may represents criminal defendant
when the attorney or a member of his firm either repre senter
or has previously representt d the government in the prosecution
of the Defendant See Ex Parte Parker 704 S.W.2d 40. ``, '
See supra Ziegenhagen 899 FZd at 940 "although not every conflict'
of interest is so egregious as to constitute a violation of '
the 6th amendment. Government employment in a prosecutorial
role against one defendant and subsequent representation of a
defendant in a defens =e capacity is not proper'
2. Applicant also presented newly discovered evidence that proves
his actual innocense, allows h1.m to toll the AEDPA deadlines,
and enter into federal court._ y '
3. The Trial Court failed to obey the I. C. C. P. art. 11. 97 3 §c)
"1t shall be the duty of the convicting court to decide whether
there are controverted, previously unresolved facts material
to the legality of the applicant' s confinement" "Shall" indi~
cates a mandatory duty. The Trial Court has no discretion in
making this determination, it must be made. The Trial Court
has failed to perform it' s mandatory duty in this case, and
therefore Applicant requests this case be remanded back to
the trial Court with an order that it perform it’ s mandatory
duty.
_Respectfully requested,
C£r. Joe Montelongo §1266916
MichaeL Unit 2664 FM 2054
Tennessee Colony Texas 75886