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MR. ASHLEY BURLESON
ATTORNEY AND COUNSELOR AT LAW
1001 TEXAS AVENUE • SUITE 1400 • HOUSTON, TEXAS 77002
CELL PHONE (713)201-7399 FAX (888)260-5496 EMAIL ASHLEYCANDO@GMAIL.COM
Abel Acosta
Clerk
Texas Court of Criminal Appeals
P.O. Box 12308 December 24, 2013
Austin, Texas 78711
PvE: Postconviction Application for Writ of Habeas Corpus
Cause No. 1228363-A
Dear Clerk,
Please find enclosed for filing in the above-referenced Cause Applicant's
Motion for Rehearing and attachments thereto for filing among the papers in the
above-referenced Cause.
Your prompt attention given to this matter will be appreciated.
Respectfully Submitted,
Mr. Ashley Burleson, Attorney At Law
^N O5 m Ashley B. Bauson
K Texas State Bar No. 24058633
Atoe\ Acosta, C»e x00xTexas Avenue5 Suite x400
Houston, Texas 77002
Telephone: (713)201-7399
Facsimile: (888) 260-5496
Email: ashleycando@gmai
Cause No. 1228363-A
Chan Lau §
Applicant
Vs. § In the Court of Criminal Appeals
of the State of Texas
The State of Texas §
State
§
MOTION FOR REHEARING
To the Honorable Court of Criminal Appeals:
Now comes the Applicant, Chan Lau, and moves the court to set aside the judgment of the
Court denying Applicant's post-conviction Writ of Habeas Corpus rendered and entered herein
on or about the 26th day of November, 2014, and grant a rehearing of this cause, for the
following reasons, to wit: In violation of Article 11.07 (3)(c) of the Texas Code of Criminal
Procedure, the 351st Judicial District Court failed to transmit all of the existingrecord in this
Cause to the Court of Criminal Appeals. The omission included evidence supporting Applicant's
claims. Attorney for Applicant verified with the Court of Criminal Appeals on December 19,
2014, that this portion of the record was absent from those records transmitted to this Court by
the 351st Judicial District Court. Applicant states that the name of the opposing counsel in this
cause is Andrew J. Smith , and he resides in , Harris County, Texas.
Argument and authorities in support of this Motion for Rehearing are attached hereto and
made a part hereof.
Respectfully Submitted,
Mr. Ashley Burleson, Attorney At Law
By:.
Ashley B. Etufleson
Texas State Bar No. 24058633
1001 Texas Avenue, Suite 1400
Houston, Texas 77002
Telephone: (713)201-7399
Facsimile: (888) 260-5496
Email: ashleycando@gmail.com
CERTIFICATE
I, Ashley Burleson., attorney of record for Applicant, .Chan Lau., hereby certify that a true and
correct copy of this Motion for Rehearing, together with written arguments and authorities
attached thereto, have been delivered to the following parties, by posting, certified mail, to their
address, this the "2^ f 7^-day of December , 2014. and addressed as follows:
Chris Daniels
Harris County District Clerk
201 Caroline, Suite 420
Houston, Texas 77002
Andrew J. Smith
Assistant District Attorney
Harris County, Texas
1201 Franklin, 6th Floor
Houston, Texas 77002.
^l_
Ashley B. B
Cause No. 1228363-A
Chan Lau, §
Applicant,
Vs. § In the Court of criminal Appeals
of the State of Texas
The State of Texas, §
State.
ARGUMENT AND AUTHORITIES
ON MOTION FOR REHEARING
Argument
The Court denied Applicant's Application for Writ of Habeas Corpus without written
opinion on November 26, 2014. This Court denied Applicant's Application for Writ of Habeas
Corpuswithout benefit of a complete record transmitted to this Court by the Clerk of the 351st
Judicial District Court. Specifically, the clerk failed to include among the records in this Cause
i
Applicant's (Exhbiit B Original Money Order which accompanied Applicant's Memorandum of
Fact and Law in Support of Application for Writ of Habeas Corpus and (Exhibit Blank Money
Order) which accompanied Applicant's Objections to State's Proposed Findings of Fact and
Law, Conclusions of Law and Order.
In his application for Writ of Habeas Corpus, Applicant raised as one of his claims a claim
of actual innocence grounded on the fact that there does exist an original of the money order in
question. The exhibit excluded by the clerk demonstrates the existence of the original of the
money order in question and therefore supports Applicant's actual innocence. See: Memorandum
ofFact and Law in Support ofApplication for WritofHabeas Corpus.
On or about December 19, 2014, in response to an inquiry from Applicant's counsel of record,
Ms. Victoria Jones of the Texas Court of Criminal Appeals sent, via email, copies of all
materials transmitted by the District Clerk to the Court of Criminal Appeals
Authorities
Article 11.07, § 3(d) of the Texas Code of Criminal Procedure requires that the clerk of the
convicting court, in this case the 351st Judicial District Court, "transmit to the Court of Criminal
Appeals, under one cover, the application, any answers filed, transcripts of all depositions and
hearings, any affidavits, and any other matters such as official records used by the court in
resolving issues of fact." "That is, the statute requires the clerk to forward all pertinent material
in the habeas record, including transcriptions of all hearings, all exhibits, and all memoranda of
law." Article 11.07, § 3(d), T.C.C.P., Ex Parte Jackson, 366 S.W.3d 201 (Tex.Crim.App.2012).
Where the clerk of the convicting court fails to transmit a complete record to the Court of
Criminal Appeals, Applicant is denied due process and equal protection of the law guaranteed to
him by the United States Constitution and the Texas Constitution.
Conclusion and Prayer
WHEREFORE, premises considered, Applicant prays that this Court withdraw its mandate,
allow Applicant to supplement the record with (EXHBIT B ORIGINAL MONEY ORDER),
grant this Motion for Rehearing, and in the interest ofjustice, grant the Application for Writ of
Habeas Corpus (No. 1228363-A), reverse the conviction in Cause No. 1228363, and order
Applicant's immediate release from Respondent's custody.
Respectfully Submitted,
Mr. Ashley Burleson, Attorney At Law
Ashley B. Buneson
Texas State Bar No. 24058633
1001 Texas Avenue, Suite 1400
Houston, Texas 77002
Telephone: (713)201-7399
Facsimile: (888) 260-5496
Email: ashleycando@gmail.com
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