1% 1^5-0^
IN THE TEXAS COURT OF CRIMINAL APPEALS
WRIT NO. WR-78,165-02
6/18/15
Abel Acosta Clerk ofThe Cn, ,RT nlSK0 m
Texas Court ofCriminal Appeals C°URT °F CR,MINAL APPEALS
201 W. 14th Street ,,,,, ..
Austin, Texas 78701 JM 18 ^015
Nema Bardin 45@f ^gOSfa, Cterk
P O Box 772 ' wrK
Austin, Texas 78767
512-487-0197
bardinnema(a),vahoo.com
RE: WR-78,16>5-02 Chadrick B. Pate Supplements to the Record missing on The Texas Court of
Criminal Appeals Website under Case Mail. (Contact with the Court on Emergency Proceedings)
Deac Mc. A-oista.,
This letter is a communication to you and to The Justices pursuant to TRAP 9.6 and is filed along
with the second filing of copies of supplements to the Writ filed originally on 6/9/15 and 6/11/15 that
may or may not be lost in the Clerk's file.
1 am the Petitioner in the above referenced Writ.
I have requested from the date of the first filing of the Original Writ on 5/19/15 and throughout these
filings that the Writ be considered on an Emergency Basis. I provided good cause for the request in
that the underlying Judgment A-08-5080-4CR in this Cause is Void and my son has been illegally
imprisoned under this Void Judgment for more than 7 years now. I request again, in the interest of
Justice and the: Miscarriage of Justice already done that the Proceedings be managed as an Emergency
and.in.a,eYJjsdient manner.
I notified you first on 6/17/2015 via email and then by phone that same day, that the supplements filed
or iftn? catcsc catrcfcr tftc dates \ ?em wja-cJwctotei iTi*&» tew, ?a*& ¥aw% V/asl to frgore Wre&t; +<&ffigs -wcA.
as I go I have corrected the things that I learned that I had incorrectly filed and refiled them
accordingly, anid have done my best. There have been 4 defense attorneys in this matter that could not
"get it right'' f am doing the filings myseft" because "Tcare" and* while emotional'to the cause, f am
also aware of the INJUSTICE done to my son.
I have provided documents from the trial court records that prove that the Judgment is Voidand that my
son is illegally imprisoned. It is my opinion that based on these trial court records that The State and
allparties to this Cause have waived their right to offer any response, and that this Court has the
inherent poweir to Rule and provide Relief to my son based on the trial court documents provided,
The Statement of Facts, and My Sworn Statements.
I know that I have made mistakes in the filings but that is because I am not a lawyer . Lawyers study
for years, and still do not apply the procedures or laws properly. I witnessed this in my son's trial and
watched 4 different lawyers and 3 prosecutors fail to follow procedure.
This Court has; opined that" Constitutional Rights are Superior to procedural rules and procedural rules
must yield to tJhe, Superior rights, ntavided by me,Canstibjtiaa,. Alsa in TRAP vjle, 8.3 (K A judgment
shall not be affirmed or reversed or an appeal dismissed for defects or irregularities in appellate
procedure either of Form or Substance.
Please provide whatever and all releif requested in the filings that I have submitted starting on 5/19/15
through this daite as expediously as is possible for this Honorable Court.
/15 COPIES OF SUPPLEMENTS TO THE RECORD THAT INCLUDE
EMERGENCY MOTION FOR LEAVE TO FILE
SUP PLEMENT TO ORIGINAL AND AMENDED WRIT ADDING PARTIES
AND
6/11/15 COPIES OF SUPPLEMTNS TO THE RECORD THAT INCLUDE
COMPLETED AND SIGNED CERTIFICATE OF SERVICE ORGINALLY FILED 6/2/15 BUT
NOT SIGNED FOR THE AMENDED EMERGENCY WRIT OF HABEAS CORPUS
REFILED EXHIBITS # 15 AND #20 TO ORIGINAL AND AMENDED WRITS
COMPLET ED SIGNED AND NOTARIZED OATH ORIGINALLY FILED 6/2/15 BUT NOT
SIGNED OR NOTARIZED FOR THE AMENDED EMERGECNY WRIT OF HABEAS
CORPUS
whirs
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Oaa& t fIfe'lsamS
kistiiiiiii,
201 West 14* Street
Nema Bardin
PQ£ox772
AanssBikii, Tesas 1 W
(^kemsssm
iRer. ^ggqpifaTWifTr<«t ."il^vtAf^tr^ggmtal-iamd^imiHMtntad j \mWR-7^rlS5-02
<6M;
fSirt^ tfciiiimr^iMTidfemHntoai afiswc. It mm a feihara^fe^rasii^iit tfta I Afl East sow fe praties.
flp-^-^B>«5
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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
NEMABARDIN
P.O. BOX 772
xosma;Ti!niiAV7sw?
512-487-01SJ7
bardiimem:a(.a)yahoo.com
EX PARTE: FROM CAUSE NO. A-08-5080-4CR
CHADRICK: B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS.
3ANNA*. WRATELV TRIAL JUDGE
STATE OF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAIL JUSTICE
SIPPLE^M^WT TOORIGINAL sadA9IENDE&E»lESGENC¥ HABEAS CORPUS PROCEEDINGS IN
WS-7& -1&4Q CBARRICKR PATE
COVER SHEET
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BA1R DIN
P.O. BOX 77 2
AUSTIN, TEXAS 78767
512-487-0197
bardinnemia@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR
CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
vs..
JANNAK. YVHATELY TRIAL JUDGE
STATE OIF TEXAS
DHtECTCJR. OFTEXASTJEFT.
CRIMINAL JUSTICE
WR-78.-165-02 CHADRICK B. PATE
TO THE HONORABLE JUDGE OF SAID COURT:
Now Comes, P'et itioner Nema Bardin pro se on behalf ofApplicant Chadrick B. Pate and respectfully submits this
supplementto itft e Qhginaf antf Amendea'EmergencyM6eas Corpus tfiThgs in WR- T6, ift^.t/afi*is> •iWcra'Trw
to add the partiies; in order that she does not abuse any procedures that would require the dismissal of the Writ for her
failures. The A pplicant deserves relief as he has been incarcerated for more than 7 years pursuant to an illegal
Court, and for "th e Officer's of the Court Tampering with the Government/Court Record, in Cause A-08-5080-4CR
Chadrick B. Parte:, from the 36th Judaical District Court, Aransas County Texas.
Respectfully Submitted,
Nema Bardin
Petitioner pro se
of IN' THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
§ WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of
Criminal Appeals Austin, Texas
201 West 14th Street
Austin, Texas 78701
Nema Bardin
PO Box 772
Austin, Texas; 78767
512-487-0197
bardinnemafg).'.vahoo. com
Re: Supplement To Original and Amended Emergency Habeas Corpus Proceedings inWR-78,-165-02
Chadrick B. F'aite
Dear Mr. Acosta,
Please find eniclosed " Supplement To Original andAmended Emergency Habeas Corpus Proceedings
that adds partiesto the Writ and provides a Certificate of Service to all parties added to the
previously filled documents referenced above. It was a failure/oversight that I did not serve the parties,
as I was,•unsure of the otoner procedure calling,for service to these parties. Please file this Supplement
under WR-78,165-02 immediately. All parties listed in the Supplement have now been served(See
enclosed Certiificate of Service).
Th
rP OBox 77^
Austin, Texas 78767
bardinnema@vahoo.com
v
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BAJR DIN
P.O. BOX 772
ATmTNfOr&A"57S767
512-487-0197
bardinnema@yahoo.com
EX PARTSE FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLlCAWf TIEALTOR TOSTR1CT ARANSAS COUNT*,TEXAS
VS..
JANMLK. WHATELVTRIAL JU&GE
STATE OF TEXAS
OfRECmm OF TEXAS OEPT.
CnSMffiULL, SUS.TKX.
SUPPLEMIENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN
WR-ML-MOM- C&*DR1CX M PATE
TABLE OF CONTENTS
LETTER TO CLERK
COVER SHEET
SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS PROCEEDINGS IN
WR-78.-165-02 CHADRICK B. PATE
LETTER TO CLERK REQUESTING ( ADD CERTIIFCATE OF SERVICE DOCUMENT TO ORIGINAL
HABEAS FILED JUNE 02.2015
CERTIFICATE OF SERVICE ON SUPPLEMENT TO ORIGINAL AND AMENDED EMERGENCY
HABEAS CORPUS
v$*
N THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of
Criminal Appeals Austin, Texas
201 West 14th Street
Austin, Texas 78701
Nema Bardin
P O Box 772:
Austin, Texas 78767
bardinnema(£j),yahoo.com
Re:WR-78,l 65-02 CHADRICK B. PATE Certificate of Service serving allparties added to Writ
Proceedings 'WR-78,165-02.
Dear Mr... Accusta,
Please file the enclosed Certificate of Service with the Writ WR-78,165-02 filed on June 02,2015 .
\-q-zoiS
l.
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BAR DIN
P.O. BOX772
bardinnemia@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR
CHADRIC K; B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS.
JANNA K.. VVHATELY TRIAL JUDGE
STATE OF TTEXAS
0iR£X7WfBL GTTWXAS(y£¥T.
CRIMINAL, JUSTICE
CERTIFICATE OF SERVICE
I do hereby ceirtilfy thata true copy of the following instruments Writ of Habeas Corpus WR-78,165-02, and
4mena&a-'£merg;ency $"ftt offiao'easCorpus were sentregular maii'to trie r6ilowing parties rrtat'riave rieen aaaea'tO
:hese Original )H;abeas Corpus Proceedings. The copies were mailed onth'is 9,h day ofJune with proper postage affixed
to same.
Aransas County DistrictCterk's Office
Pam Heard
301 NorjtrLive Oak
RockpoXTexas 78382
Office of the Aransas County District Attorney
301 North Live Oak Street
Rockport, Texas 78382
Jana K. Whately Trial Judge
P O Box 700
Sinton, Texas 78797
Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14* Street
5th FloorPriceDaniel Bldg.
Austin, Texas 78701
512-463-0988
?
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIO NER PRO SE
P.O. BOX 772
AUSTIN, TEXAS 78767
bardinneima@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR
CHADRIC K B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
5ANN AK. WHATELY TMAL JVJBGE
STATE OF TEXAS
DIRECTOR OF TEXAS DEPT.
CRTMTNAJL JTTSTTCE
CERTIFICATE OF SERVICE
SUPPLEMENT TO ORIGINAL and AMENDED EMERGENCY HABEAS CORPUS
PROCEEDINGS
.IN WR-78,165-02 CHADRICK B. PATE
I do hereby certify that a true copy of the above and foregoing "Supplement To Original Habeas Corpus
Proceedings'1'
were mailed rejular mail with thej>roj3erj>osta.ge affixed onthis 9th day of June 2015 to the following
parties,
Aransas County District Clerk's Office
Pam Heard
301 North Live Oak
Rockport, Texas 78382
State of Texas
Office of the Aransas County District Attorney
301 North Live Oak Street
Rockport, Texas 78382
Jana K. Whately Trial Judge
P 0 Box 700
Sinton, Texas 78797
1..
r'
CERTIFICATE OF SERVICE CONTINUED
Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14th Street
5th Floor Price Daniel Bldg.
Austin, Texas 78701
512-463-9988
I do hereby certify that a true and original of the above and foregoing "Supplement To Original and
Amended Emergency Habeas Corpus Proceedings" was personally hand deliveredby me to the Clerk
of The Texas*. Court of Criminal Appeals at 201 West 14th Street Austin. Texas 78701,. on the 9th day of
June, 2015
Nema Bardin Petitioner
2.
/
o^fff CO
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of Tin e Texas Court of
CriminalAppeals Austin, Texas
201 West -14"' Street
Austin,.Texas 78701
Nema Bar-dim
POBoxTVD
Austin, lex as 78767
512-487-0197
VdTAiTmenriatlQ^tJiiotj.-ctfffi
Re: "Emsmnetac/j' Motion farLeave J&» Fite" J» /KmfousJy Skid OqpiiaaJ .andAmended Exoea&sacy
Habeas Coqpu >Writ No. WR-78\fo'5-t72
'i>iuOvr>r..^c-fsts,ta»,
Please find enclosed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc
NimpBaird in
fetraoner
P OBm 772,
Austin. Te:x;af> 78767
512-487-0H97
<* \*jt3
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
P.O. BOX 772
AUSTIN, TEXAS 78767
bardinneiisa@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS
VS..
STATE 0«F TEXAS
DIRECTOR OF TEXAS DEPT.
CRTMTM AL JUSTICE
TABLE OF CONTENTS
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOIUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR.
TABLE OF CONTENTS 2 pages
LETTER TO CLERK OF THE COURT 1 page
COVER SHEET 1 page
EMERGENCY MOTION FOR LEAVE TO FILE 4 pages
JURISDICTION PAGE 2?3
PROCEDURAL HISTORY PAGE 2
REASON TO FILE AS EMERGENCY PAGE 3
ADEQUATE REMEDY PAGE 3
1.
*
TABLE OF CONTENTS CONTINUED PAGE 2
CONCLUSTION PAGE 4
PRAYER PAGE 4
PROPROSED ORDER 1 page
CERTIFICATE OF SERVICE 2 pages
PETITIONER'S OATH 1 page
vf>
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of
Criminal Appeals Austin, Texas
20J WestJ 4'1" Street
Austin, Texas 78701
Nemo- Bfl-rd-^K-
P O Box 772
Austin, Texas 78767
bardirutema(fl:),vahoo.com
Re: "Emergemciy Motion for Leave to File" in previously fifed" Original andTimendecfEmergency
Habeas Corpu s Writ No. WR-78,165-02
Dea£ Mjc. Am-^ta.,
Pleasefind enclosed the "Emergency Motionfor Leaveto File" in previously filed Writs pursuant tc
WR- ?$?65:-02. Please SAr this Mothtt rrgn?away•as it is time sensitive.
' (A
Nymj^arcfm
^tiponer
P&Bok ??'2f
Austin, Texq& 78767
512-487-0197
\?ard*irmemat@,yaId., 728 S.W.2d at 792. With this in mind
Petitionerrequest that this Honorable Court will provide relief to Applicantin a way that allows it's
authority to move expeditiously and finally. Applicant is aware that Mandamus might have also beena
remedy that she could have applied for, but is unsure of that optionbeingas expeditious as Habeas
relief. If Meundamus is a more expeditions option,, then perhaps this Honorable Court has the option of
construing Petitioner's Writ as such.
CONCLUSION
Because Pro Se Petitioner has brought a reasonable argument for gpod reason to grant "Motion foi
L e ave to File" then this Honorable Court should do so in an expedious manner.
PRAYER
Petitioner praysthat this Honorable Court grant her Motionfor Leave to File all documents in
Writ Camse No. WR-78,165-02, and to grant any other relief that this Honorable Court has the
authority to .grant that Applicant is due and deserves.
4.
^
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
P.O. BOX 772
AUSTIN, TEXAS 78767
St2-48T-®19?
bardinneima@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR
CHADRICKBPATE TDCJ#01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT JiEALTQR DISTRICT ARANSAS COUNTY, TEXAS
VS..
STATE CMF TEXAS
DIRECTOR OF TEXAS DEPT.
CRWfNAX JUSTICE
ORDER
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM AVOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO. A-
08-5080-4CR.
After considering the Emergency Motion for Leave to File by Petitioner in Writ No. WR-78,165-02,
and forjsoodl crause appearing, IT IS HEREBY ORDERED that said Motionis hereby GRANTED.
[T IS SO ORDERED.
Date: June 2015
JJnnonahJf! Ju4?e_
Judge ofThe Texas Courtof
Criminal Appeals
CERTIFICATE OF SERVICE
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BARDIN
P.O. BOX 772
ANSHty, "mmsMsmmn
5IS4I74197
bardinnemaa@yahoo.com
vs>..
JANNA vL WHATELY TRIAL JUDGE
STATE OF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL JUSTICE
CERTIFICATE OF SERVICE
EMERGENCY MOTION FOR LEAVE TO FDLE
IN PREVIOll JSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
08-5080-4CR..
Ido hereby certify that atrue copy ofthe above and foregoing "Emergency Motion for Leave to File"
was mailed regular mail with the proper postage affixed on the 9,rt day ofJune, 2015 to the fofibwing
parties, and a true original "Emergency Motion for Leave to File" was personally delivered by
PetitiAnex toClerkofThe Texas Court ofCriminal Appeals at 201 West 14th Street,Austin., Texas
78701.
PARTIES
Pam Heard
301 North Live Oak
Rockport, Texas 78382
Office of the Aransas County District Attorney
301 North Live Oak Street
Rockport, Texas 78382
1.
Jana K. Whately Trial Judge
P O Box 700
Sinton, Texas 78797
Texas Department of Criminal Justice
TDJC Executive Director Brad Livingston
209 West 14,h Street
5* Floor Price Daniel Bldg.
Austin, Texas 78701
512-463-9988
"<
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMA BARDIN
P.O. BOX 772
AUSTIN, TEXAS 78767
512-487-M-9?
bardinraemia@yahoo.com
EX PART1E
FROM CAUSE NO. A-08-5080-4CR
CHADKICKBPATE TDCJ #01563340 THE DISTRICT COURT 36THJUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
JANNA K. WHATELY TRIAL JUDGE
STATE OIF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL JUSTICE
PETITIONER'S OATH
EMERGroCY MOTION TOR LEAVE TO FILE
IN PREVIO USLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCE APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
foE8^SIEFFR°M AVOIDFINALJUDGMENT AND CONVICTION IN CAUSE NO.
STATE OF TEXAS
COUNTY OF TRAVIS
INema Bardiin being duly sworn, under oath says"/am the petitioner in this matter and Iknow the
set:£££S2rcy Motion For L7Tojr•^d •»****my *•**e **
s/i
na BaVdin Petitioner
Petitit
Suh-scrihedarjvJ. Sworn, Tci Beface ma aalune 9th, 20IS,
NOTARY PUBLIC
N. A. CADENA
\io:a;y PjbiiC. S'ce o! lexcs
!viv Comr=-;ission Expnes
lU/v-y-/
October 20, 2016
/• \
• X'
IN THE COURT OF CRIMINAL .APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX PARTE FROM THE DISTRICT COURT
CHADRICK B. PATE TDCJNO. 01563340 36TH JUDICIAL DISTRICT
APPLICANT ARANSAS COUNTY, TEXAS
CAUSE NO. A-08-5080-4CR
NEMABAlftIMN
TTETrn«ONE»
V.
JUDGE .JANNA K. WHATELY
EMERGENCY MOTION FOR RELEIF
BEQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
PURSU ANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS
CORPUS WR-78.165-02
COVER SHEET
RECEIVED IN
COURT OF CRIMINAL APPEALS
JUN 02 2015
Abel Acosta,Clerk
-^
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
WMM&THE, DISTRICT COURT
CHADRHCK B. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT
APPLICANT ARANSAS COUNTY, TEXAS
CAUSENO. A-M^tm-4CR
NEMABIA1RMN
PETJTJfOJNEJJ
V,.
JUDGE JAJtNAK. WHATELY
EMERGENCY MOTION FOR RELEIF
REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
re«^«i>y p^FH^«^i>E^iKfjmr<»e"k£ emergency mtrrfor habeas
CORPUS
TO THE H ONORABLE JUDGE OF SAH) COURT:
NOW COMES, Petitioner Nema Bardin on behalfofApplicant Chadrick B. Pateand jBs^esslfidb
submits this Emergency Motion for Relief pursuant to and on the Original Writ ofHabeas Corpus
filed in thus Court on May,19*, 2015 .AND Amended Emergency Original Writ ofHabeas Corpus filed
on this daafe Jume 02,2015 seeking relief from Cause No. A-08-5080-4CR a VoidJnd^mfinfr
Sentence .arid Conviction ordered in the 36th Judicial District Trial Court Aransas, County Texas, and
certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment inCause No. A-08-5080-
4CR isVoid for lack ofJurisdiction, Fraud onthe Court, and Tamneruig with a Trial Court GoYenoroeiaJ
Record th«en this Motion also pertains to relieffrom Cause No. WR-78.-165-01 The Intial Writ of
Habeas Ooirpusfiled intothis Court on or about 6/21/2011 and was denied on 3/6/2013 withoul
1
Azr
written ordter byJudge Cochran, and from Cause No. 13-09-00112CR affirmed 10/27/2010 from the
Thirteenth lOistrict Court ofAppeals.
Thesft two :y*l@Bfinte.aift vaidhecansfc thay eackftow from. the. literalandYoidTtial CoittUudgssfini
inA-08-50>80-4CR. Chadrick B. Pate.
JURISDICTION
Because; this Motion flows from the filing of Petitioner's Original Writ ofHabeas Corpus it has
uuisdictuan&irthe same reasons ithas Jurisdiction over the Original Writ filed on the 19* day ofMay
2015 andAmended Writ filed onthis date June 02,2015 pursuant to Article VSection 5ofthe Texas
OawtittttiLotiand Amendments U5,6 and 14 ofthe U. S. Constitution . See ExparteThompson
273
S.W. 3W 17T, 181 (Tex. Crim. App.ZOW) snowing tnfe court to nave generafjurisdiction over
Original Habeas CorpusSee Tex Const. Article V
STATEMENT OF THE CASE
Petitioner INenna Bardin filed an Original Writ ofHabeas Corpus in this Court on May 19*. 2015, and
then filed an amended Writ onJune 02,2015 by hand delivering itand speaking personally with Mr.
Ake&Aetata Clerk&r the Texas Criminal Court of Appeals. Petitioner asked to speak with Mr. Acosta
in order to explain that the Writ being filed was not a 11.07 Writ and therefore not a Second or
Successive Petition under 11.07. Petitioner explained the nature ofthe Writ and why it was being filed
.ast-an Original Writ under this Courts inherentpower and jurisdiction to provide the reliefrequested.
Mr. Acostia took the Document after reviewing some of the paperwork with Petitioner andstated thathe
would file; lit. OnMay 22nd, 2015 after checking her mail box, Petitioner found that there was no
jontificatwuD £cedures (although as a layman they are incredibly confusing to her)
she does most want the Writ to be denied for failure to follow the rules or procedures. Applicant lost his
liberty because thetrial court purposely failed to follow the rules andthe procedures required of them.
Petitioner does not question that Mr. Acosta is not following the rules. She is sure that he is, but
because she; has no idea which rules that are being followed then she has determined it best to file this
"Motion ifoir Emergency Relief', with the hope that the Original Writ of Habeas Corpus will not be
denied fo;r her failure in misunderstanding the Trap Rules and Procedures/Protocols mat the Clerk's
Office us:es to see that these kinds of Writs are filed and journaled properly and expeditiously.
The Petitionier has filed her Original Writfor Habeas Corpus into the properCourt See Thompson 273
S W 3d 177 x 181 (Tex. Crim. Add. 2008).
If what Mir. Acosta says is true, that the Court has no time limit for a decisionon the Writ,and it could
beyears before a decision, men Petitionerand Applicantdo not have an adequate remedy for relief.
3
See In re 3Mc Cann 422 S W 3d 201 (Tex. 2013) showing:that theremedy is notadequate if the
remeay is: uncertain, tedious, burdensome, stow, inconvenientor, inappropriate, then it is deemed to
beJaeBs&tive (gating frcm GxeeawsH x C#w4srf.bpp*xi?fyirthe Thirteenth JwMeialXtifli 359 S.
W. 3d ^5,648-9 (Tex. Crim.App 2005).
Withthis in mind Petitioner respectfully requestmat this Court take immediate action and grant
Applicant Ball on a Personal Recognizance Bond freeing him from incarceration until which time
vbi& Cs/ck* vm ifttf&t •& te&msfc Wi *&& -nKsite <& ♦&«, ?*\?Aw»«rf% tVefisws, «ai &&isxsg&at&, «&•£& k&
taken on iShis Motionandon the Original Writ of Habeas Corpus filed on the 19* dayof May 2015. and
the Writ ifited amending on this date June 02,2015..
More thain a (114) days have passed since the filing of the Original Writ,and Applicant has been
illegally restrained for 7 years.
Petitioner has supported the Writ with undeniableproof that the Trial Court Tampered with the trial
sourt records, violated Applicant's rightto a fair andimpartial trial, liedtojurorsheldex partehearings
and manipulated the Judicary in order to obtain an illegal conviction over Applicant. Applicant has'
provided tithe trial courts own recordsthat prove the claims that she has made. Applicant receivednc
fair and bmpart ial trial, opportunity to be heard and notice at the sham trial. The trial court violated
Applicant's U.. S Constitutional Due Process rights, under the Texas Constitution.. See Winters v.
Presiding Jfudge of Criminal Dist Court No. Three ofTarrant County 118 S W 34.
If Petitioner hats failed to follow any rules or procedures, thisMotion nor theOriginal Writ should be
denied Ton such a failure, m Judge Acaia's dissent in the case of Tyrone Casey Sledge citing Ex
Parte Griv es 70 S W 3d 103-107-(Tex. Crim. App 2013)she concluded: that the purpose of the
Habeas Staitute was to limit subsequent writs to regulate theinflux of applications raising claims that
were onhy recently cognizable rather than to limit the traditional common law claim that the trial court
4
lacked jurisdictionover thecase. She concluded thatThe legislature may notwithhold theright of
habeas aorjpus Tex. Const. Art. 1,12 (The Writ of Habeas Corpus is a Writ of right andshall never be
suspended.^
CONCLUSION
Petiitionter's filing of the Original Writ of Habeas Corpuspresents not only exceptional
circumstances for which relief should be granted, but it should be granted to meet the very ends
<&^u£tA&~ %c?xau£^*hfLTi?«a£,f^iHff^ Qx'mifiaL 4^p^»^*hftva^'5ftSftj^'«idiSJatft> rwmajuy%ji,wJKe<*
from a .Judgmentthatis Void for Lack of Jurisdiction, andbecause to deprive Applicant of bis only
effective State remedy would not onlybe contrary to the rudimentary demands ofjustice but
4fisfaac^b«g.r
(c/2-//5
flfKu'lecl +o .<^« rWf«s
5ll* -fcl2-
Mailed4^ «.U (kHf«S
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX1PAFITE FROM THE DISTRICT COURT
CHftBnftCK'A. ?A1£ TOC3 NO. toSGSJW Tfim JVYMCIAL DISTRICT
APPLICANT ARANSAS COUNTY,TEXAS
CAUSE NO. A-08-5080-4CR
NEMABARBfPf
PETH1&NKB
v..
JUDGE 3/WMAKL'v#HXrSLUf
PETITIONER'S INFORMATION
NEMA BAROKV
*.Q».1Sfto-x7Tl
Aus tiua, 'Texas 78767
512-4S7 #197 cett
^-*>
CERTIFICATE OF SERVICE «c/*£
r
I do hereby certify that a true original of the above and foregoingApplication of Emergency
Origins 1lHa beas Corpus was personally hand delivered on the ?m) day of JUNE, 2015 to The
Texas Court of Criminal Appeals Clerk's Office at 201 W. 14* Street Austin, Texas 78701
and sent regular mail to:
JUDGE JANNAK WHATELY
P.O. BOX 700
SEKTQN TEXAS 79.S&7-U7Q0.
ARANSAS COUNTY DISTRICT CLERK'S OFFICE
34U NORTH LIVE OAK STREET
ROCKPORT, TEXAS 78382
PAGE 1 OF 2
CERTIFICATE OF SERVICE
ARANSAS COUNTY DISTRICT ATTORNEY
301 NORTH LIVE OAK STREET
XOCKPORT, TEXAS ZM92
PAGE 2 OF 2
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
EX PARTE FROM THE DISTRICT COURT
CHADRJC:K IB. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT
A?PL«JANT ARANSAS€©*JNT¥, TEXAS
CAUSE NO. A-08-5080-4CR
NEMA BARDIN
PETTFZQ>NER
V.
JUDG E J.ANNA K. WHATELY
OATH
STATE OF TEXAS,
COUNTY
TABLE OF CONTENTS
; !
'^V/rt-^'' 7h*Yt~4. VOLUME 3 A nnouncement (9-25-08) ^ *? > ^ i?"^1"1'^ *V
Pi.-e
'6': 'CtiVOlftTL *i Pretrial 'fteaxxng \Vu-Ti-V&'';
9
10
ii VOLUME 6: Jury Trial - •• Voir "Dire Proceedinqs \2-^-G^>
[VOLUME 7: Jury Trial •• G'uii t/innocence (2-9-0$}
13
14 VOLUME B: Jury Trial -• - tuii't ^innocence \^-\^-^'i)
V OLUWE' 9 : Jury Trial
-C-aill} ItiTjCiC^tjc^ •Vl-12-1*3-*/
f VOL0W£r I.f; Jury friar fa it i s-iTjtreit e - Sex t e^ ci ^.y / 2 - 2.J - # 51,*
IhM T= Trial Exhibits
-oOo-
?:s.
Case 2:12-cv-00093 Document 11-8 Filed in TXSD on 06/12/12 Page 3 otee^fdj
Scanned Jan 26, 2012
CAUSE NO. A-08-5080-2-CR(HC3)
EX PARTE: ( IN THE DISTRICT COURT
) 36TH JUDICIAL DISTRICT
CHRISTOPHER JOSEPH HALL ( ARANSAS COUNTY
INDEX
I Index i
!3 0>jAl. .,'. *
.Aflfidavit ofIndigence with Order Appointing Counsel 24P. 7. Jt/.[.'? P. H
hfj&pC' ^9M.Vj^i&^iaa.•-• *'
(p Motion for Continuance Tj./^ t£QcM&W- -f^Mo^. .Afc<4r.?/.£... 43
4&<3tetaiot 4,7
(Molio"er.?.^.....^,.^/...."
Motion to Sever . .jr.!^U .n..... ~ .;M /.. .a ./sv ^ 48
innJ{ir5ulpiiMDa --..
F&atdj^'sApsm^aafarSuiawism SO
Case 2:12-cv-00093 Document 11-8 RJed in TXSD on 06/12/12 Page 6 of 66
Scanned Jan 26, 2012
State's Application for Subpoena 18S
.SiilywftaflJRelunmS Staved
JustioPadlgBtt 161
Motion to Suppress Photographic Identification 162
1 i'j t iw State's Application for Subpoena 165
'" c/C^' Sulbpoena Returned Served
}i\ ^-" liv • • Jennifer Leyva 16?
~ SA" tfy'% lUyl&e ~ r — -- - 168'
r" ^\Q Q? S Ernest Solis 169
Defendant's Election as to Punishment 170
i .ituijr v*in#ov»i * tv
I JturyNote 1 178
' Charge of the Court 179
Vefdict 191
AncyNoteI ... 193
1Punishment Charge 194
1V«9*w* 198
I ^vi^Q^i^%QAsfiSest^,^V^jkJ^< M5
Certification ' 319
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO.
EX PARTE FROM THE THE INSTRICT COURT
CHADRICKBPATE 36TH JUDICIAL DISTRICT
TDCJ #©15-63340 ARANSAS COUNTY, TEXAS
CAUSE NO. A-08-5080-4CR
COVER SHEET
EXHIBIT 20
REPORTERS RECORD VOLUME 6 OF 9 PAGE 221 LINES 1-25 CHADRICK PATE
£* JbAo
r
liiHl^?: ' * li ^ Si ^ "L ^
MSS-J^MF i/) tfjf a' Wil ORE'S
'Sx-LVL ^trox-^ ta-ase Mm'sei ^-'D'S-BfrBO-S-CR
..Witf; STATS #S>r tte ^Pf^n. ^
24 ;'^!!^n9S C^e °n f°r tri£i ^ the above-entiled' and
'•;' !.a C£USe ln said Court, HONORABLE JANNA K. WHATLEY
ac;e r-resio'ma.,. held. to. s.o,r-^.o.rt- ^ v •?.».---•• ^T..,..rV-
r-.oceeo.ings were reported by machine shorthand.
eL.#J
Pi
221
THE COURT: We haven't talked about your
MR. GILMORE: Well, Judge, anything he says
41 is hearsay as to my client. Anythina that Mr. Ha.'il
MS. CABLE: -- as to Chadrick Pate, Judge,
71 as far as that coes, but I ask to be able to car. ijnita tM&.
acm.i,s sions made by t_bJ _s tief&.'odjz.vi:,- CJoxl. 1" o *^vo.°
*— y~
±. i -a
MR. GILMORE: May we approach the bench?
(..The fol.low.Ln.xi, ri.Ls.rjL^SL.i_ao. v^l=l h/tri. ^.t, t-jq./^ hAni-ch*. \
JAR. fiJJJEJACtJJJS1.- Then Z ask ~J:e ^ r : fa sever
i?ate :ora tnis case at this time because they 're going
31. to cr_et into. e.v.Lri.e_n.rLe_ trJiAJ".' .^ nat Hjii^J"^JxP'^i. a^aAn^oh-. Tn vim
J -4, j.s guixgr ro be u$&£ against him. S& I obie
jecu ana
1 ~r
i
I
•a as K
;r :-a severance
MiS, . CARJJL1. I, 'aa.'L'A",=b V-n-^x. T_-c;-n Ve "uia^ti Vy
ax> ..i.M5rri'.c---,ol'?./ .v'A^r^.
c uau> TYrey csn ise -f-rp, togetne.:
crxea and'
there can be an instruction as to the jury not considering
11 h.-h.a.h, a^La^tr;.=L.n_ Qh.a.
•FA'S" eUffRT": See, l"'m at such an unfair
advantage. I have no idea what this guy's going t:c say ]
-end* ^Uj. i -fa-uTi'h, 'ktiuw 'now I"'m going to make a ruling on
this because I have no idea what he's gcina to tel.l us.
24 MS. CABLE: He's basically going to say,
V76 "Judge, that he was contacted by Michael Underwood and
