Scott, Gery Lee

z/- DATE: iZac^C. JAN 05 2015 Court of Criminal Appeals loni ° \^ P-O- Box 12308. Capitol Station Austin- Texas 78711 December 23. 2014 RE: Cause no- C-371-010342-0826520-D "REFILING OF RETURNED MOTION. AND PETITION FOR WRIT OF HABEAS CORPUS ISSUED TO RESPONDENTS - Dear ABEL COSTA. Clerk - Please deliver the enclosed Motion(s) and Petition to the Court to be AMENDED to my oriqinal 11-07 Writ of Habeas Corpus and heard by the Court as "PREVIOUSLY" filed and RETURNED to me from your office- Please NOTE that the 'oriqinal' 11-07 Writ of Habeas Corpus Stamped Filed in the Tarrant County Court 371 by Clerk Thomas A. Wilder November 18- 2014- was ORDERED transmitted to your office on December 12- 2014 by Judge Mollie Williams-Dec -12•2014- Your "NOTICE" to me "RETURNING" my Motion and Petition statinq that "at this time you do not have a Writ of Habeas Corpus filed in the Court of Criminal Appeals " dated December 16• 2014 I - received throuqh U-S-Mail on December 23- 2014- PLEASE STAPLE AND REFILE THIS MOTION AND PETITION FOR AMENDMENT OF EXHIBIT -F- AND Motion for WRIT OF HABEAS CORPUS ISSUED TO RESPONDENTS ALONG WITH THIS (MOTION TO RE-AMENDFORMER: MOTION AND PETITIONER'S REPLY TO STATE'S REPLY- THANK YOU for any and all service and consideration into this matter- Sincerely Gery Ze£ Scott TDCJ-rD# 1123905 Ramsey One Unit 1100 F-M- 655 Rosharon- Texas 77583 CC:GLS. EX PARTE § IN THE COURT § OF CRIMINAL APPEALS GERY LEE SCOTT § OF TEXAS MOTION TO "RE-AMEND" FORMER : "MOTION TO (AMEND) "EXHIBIT -F- AND REQUEST FOR COURT ORDERD HABEAS CORPUS ISSUED TO RESPONDENTS"" AND PETITIONER'S REPLY TO STATE'S REPLY TO PETITION FOR WRIT OF HABEAS CORPUS TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS: NOW COMES- GERY LEE SCOTT- hereinafter•(Scott)• Movant in this action and does plead the Court allow the aforementioned Motion(s) and Petitioner's Reply to be ENTERED as amendments to his oriqinal 11 07 Complaint Application because: As shown as a matter of "Record" Scott 'filed his "MOTION TO (AMEND) "EXHIBIT -F- AND REQUEST FOR COURT ORDERED HABEAS CORPUS ISSUED TO RESPONDENTS"" on December 01. 2014 as stamped by Clerk- Abel Acosta "Received in Court of Criminal Appeals (RETURNED TO SCOTT December 23- 2014 along with his PETITIONER"^ REPLY TO STATE'S REPLY TO PETITION FOR WRIT OF HABEAS CORPUS- stamped RECEIVED IN Court of Criminal Appeals'.- December 04 . 2014. Clerk- Abel Acosta and (RETURNED) to Scott on December 23- 2014 a span of 22 days lapsinq from receipt into the Court to return to Scott thouqh the 371 Judicial District Court of Tarrant County TX- had transmitted it's findings and ORDER from the:Trial Court Judge on December 12- 2014 and its first notice of Scott's Filed 11.07 November 18. 2014 as Stamped, by Thomas Wilder- Dist- Clerk Tarrant County. Texas. (1.) See November 20- 2014 State's Reply to Petition for Writ of Habeas Corpus•(PATRICIA HATLEY),Deputy District Attorney- and-- State's Reply to Petition for Writ of Habeas Corpus•((signature undestinguishable)) Dated December 11- 2014(MEMORANDUM/FINDINGS & ORDER "December 12 2014 Filed by Thomas A- Wilder- Dist Clerk Tarrant County- Texas- Time 11:58- : Scott avers that he filed his "original" 11-07 application November 4- 2014;Stamp FILED BY Thomas Wilder Clerk- tarrant County- TX- - Nov- 18- 2014 and received answer of the'same on Nov. 20. 2014; Filed his "MOTION TO AMEND "EXHIBIT -F- AND REQUEST FOR • COURT ORDERED HABEAS CORPUS ISSUED' TO ^RESPONDENTS" " , on Nov- 25. 2014- STAMPED FILED Abel Acosta Dec:01- 2014 (Returned to Scott December 23- 2014); Filed his PETITIONER'S REPLY TO STATE'S. REPLY TO PETITION FOR WRIT OF" HABEAS CORPUS- Nov.-' 26- 2014 Stamped filed Dec- 04- 2014 Abel Acosta Clerk.; "also" RETURNED TO.Scott stating. "NOTHING FILED IN THE COURT OF CRIMINAL APPEALS AT this time-(Notice Dated December 16- 2014 Abel Costa- Clerk)- ; THOUGH. the Tarrant County Clerk's Office 'transmitted' it's MEMORANDUM/FINDINGS & ORDER to the Court of Criminal, appeals December 12- 2014 (time) 11:58 Thomas A. Wilder. Clerk,Scott receiving his notice December 18, 2014 of the same- thus Scott also avers that he "timely" filed h is Motion and Petition to the Court of Criminal Apepals in answer to the State's Reply(s)- as well as it's Memorandum/Findings & Order- (2.) Scott request that the contents mailed to the Court of Criminal Appeals Clerk. Abel Acosta- this December 23- 2014 be FILED and AMENDED to his "ORIGINAL" 11-07 Habeas Corpus Application- and HEARD with the affect of 'findings' of the CCA pursuant to Scott's original 11-07 Application-(See Original Application No. C-371010342-0816520-D - ; MOTION TO AMEND "EXHIBIT-F- AND REQUEST FOR COURT ORDERED HABEAS CORUS ISSUED TO RESPONDENTS"": PETITIONER'S REPLY TO STATE'S REPLY TO PETITION FOR WRIT OF HABEAS CORPUS-; EX PARTE GERY LEE SCOTT No. C-371-010342-0826520-D MEMORANDUM/FINDINGS & ORDER (Dec-12- 2014) Tarrant County- Texas District Court Clerk- Thomas A- Wilder-) PRAYER ' i~ . I- MOVANT in this action• PRAYS that the. Honorable Court of Criminal Appeals of Texas- GRANT relief as prayed in this affidavit and take into account (all) of the relevant provided information herein and throuqho.ut Scott's filinq(s) respectively- but in the alternative this Honorable Court'Judg'e render such relief- that Scott seeks to relieve his suffering under 'law' that is "unconstitutional" and arbitrarily abrogates his punishment. Respectfully Submitte, 3ery Lej^/HS'cott pro se TDCJ-ID# 1123905 Ramsey One Unit ,1100 F-M- 655 Rosharon. Texas 77583 CC:GLS. (3.) UNSWORN DECLARATION I. GERY LEE SCOTT, is the Movant in .this action and does declare under the Penalty' of"Perjury that the information in this affidavit is True and Correct to the best of my knowledge and attest to the same as signed to this {/^ZP Day of December 2014. -, ^/GERY LEE/ SCOTT ~~PRO SE CERTIFICATION I- GERY LEE SCOTT. DO CERTIFY THAT THIS ACTION HEREINMENTIONED HAS BEEN DELIVERED TO THE Ramsey One Unit "Indigent" LAW LIBRARY MAIL BOX FOR PROCESSING TO THE COURT OF CRIMINAL APPEALS OF TEXAS AT AUSTIN- ON DECEMBER 23, 2014 and signed to the same this 23rd Day .of December. 2014- Respectfully Submitted- ^©fy I^e SGOtt^ pro se ^- CC:GLS. (4.) SHARON KELLER Court of Criminal Appeals Abel Acosta PRESIDING JUDGE CLERK RO. BOX 12308, CAPITOL STATION 512-463-1551 LAWRENCE E. MEYERS AUSTIN, TEXAS 78711 SIAN R. SCHILHAB TOM PRICE GENERAL COUNSEL PAUL WOMACK 512-463-1597 CHERYL JOHNSON MIKE KEASLER 9. ¥^k BARBARA P. HERVEY CATHY COCHRAN ELSA ALCALA JUDGES December 16,2014 Gery Lee Scott Ramsey Unit I TDCJ#1123905 1100F.M. 655 Rosharon, Texas 77583 RE: Cause no. C-371-010342-0826520-D Dear Mr. Scott, After a thorough search of our records, we find that.you have do not haye a Writ of Habeas Corpus filed in the Court of Criminal Appeals at this time. If you have any further questions or concerns, please direct them to the District Clerk in the convicting county where you originally filed the application. I am here with returning your documents. Sincerely, OJulCUk Abel Acosta Clerk AA/vc Enclosure Supreme Court Building, 201 West 14th Street, room 106, Austin, Texas 78701 website: www.cca.courts.state.tx.us CAUSE NO- C-371-010342-0826520-D IN THE COURT OF CRIMINAL APPEALS OF TEXAS APPLICATION FOR A WRIT OF HABEAS CORPUJS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE ARTICLE 11.07; 11.05; 11.23. "MOTION TO (AMEND) "EXHIBIT -F- AND REQUEST FOR COURT ORDERED HABEAS CORPUS ISSUED TO RESPONDENTS"'* EX PARTE GERY LEE SCOTT Movant - V. BRAD LIVINGSTON, EXEC.DIR. TEXAS DEPARTMENT OF CRIMINAL ^012014 JUSTICE-INSTITUTIONAL DIVISION (TDCJ). Respondents >©i Acosta, Clerk TO THE HONORABLE COURT OF CRIMINAL APPEALS OF TEXAS: Now Comes,' GERY LEE SCOTT- hereinafter. (Scott) requesting permission to "amend" h is (Exhibit -F-; "TIME CREDIT DISPUTE RESOLUTION FINAL CERTIFICATION DECISION"-dated 11/10/2014 by (Kelly Enlae. 'assistant Director for Classification and Records.) Scott avers that he has attached the original sent to him on 11/10/2014 and received by h im on 11/22/2014. and request it be amended to his original C-371-O10342-0826520-D Application (From) the 371 Tarrnt County Texas Court. Scott also in h is Motion to the Honorable Court request that this Honorable Court of Criminal Apepals of Texas issue through "Order" a Habeas Corpus to the Respondents illegally restraining him. to release h im from his illegal restraint pursuant to Article 11.05 and 11.23 respectively, his. "only" means of immediate redress for relief of his illegal restraint. (1.) and by virtue of the "unconstitutional laws" enforcing his illegal restraint/(V.T.C.A. §508.145-§508.149). that the Honorable Court pursuant to 11.07. 11.05. 11.23- Order the Respondents holding Scott illeqally. to deliver h im from his illegal restraint to the Court of jurisdiction for adjudication of his claims he is illegally restrained by virtue of unconstitutional law arbitrarily abrogating his EARNED Good-Time and Work-Time calcul ated to his Flat-Time mandating his "release" to parole when the specific enumerated factors exist to exact Half-Time served to the sentence for trigger of release to parole. Scott avers that his 35 year sentence he has served 12 years Flat-Time plus his EARNED 11 years Good-Time plus EARNED 6 years Work-Time equal 29 years and certainly calculate over HALF his time served coward the sentence for release to parole as mandated by the Statutes to trigger Scott's release to parole. (See Exhibit "E" Time Calculation Sheet 10/17/2014)(Const.Amend- 13- 14- 5-)(V.T.CA.§508.145-§508.149). Scott avers that he is protected by the U.S. 13 Const. Amend- from arbitrarily abrogated punishment of "Involuntary Servitude" "EXCEPT [AS] A PUNISHMENT" towit the 371 Court nor the V-T-CA. §508-145-§508.149 specifically adress but instead clearly exact through V-T-CA. §497.002(2) there TDCJ clearly define it's understanding of Scott's "LABOR"(EARNED Work-Time) as ((2)"Reduce Department Cost---" a phrase enducted into law of the under standing in common and law lanquaqe to equal "money" which is the only understanding of a thinq that could reduce"cost''; thus renderinq Scott's EARNED Work-Time equal to the same and (2.) under the law of §497-002(2) by it's own language and definition creates Scott's "liberty interest" in his Work-Time and sets §508-145-§508.149 contrary to §497-002(2) where Scott would have a vested "liberty interest" in his Work, and Good-Time by virtue of §508.145-§508-149 "denying" Scott REVIEW formula of his Good- Time and Flat-Time equalling that review thus Scott's Good-Time by virtue of (3q) language of the Statutes place Scott's Good- Time into "new" meaning absent application toward "REVIEW" and Scott's Work-Time given "new" meaning through law of §497-002(2) as "reducinq cost for TDCJ" the Statute itself "creating" Scott's liberty interest in h is EARNED Work-Time'CAUSE an absurd outcome for Scott's EARNED Work-Time and Good-Time respectively as they relate to a calculated mandate to release on parole since the Statutes at issue mandate "only" release to parole or Maximum Sentence Date. Scott avers that since he can "only" release from TDCJ by (two) mechanisms enacted by the Statutes (serve his entire sentence to the maximum allowed bv lav/) or (parole) when certain enume rated factors triqqer release to parole- (see TDCJ-Offender Orientation Handbook pg- 56 l-(c-) ".--These offenders must- be released on parole- or on their maximum expiration dates.") this act authorized by §508.145-§508.149 (3g) catagory denvinq Scott Const. Amend. 14 Due Process of his EARNED Good-Time and Work-Time since the Statutes at issue (§508-145-§508.149 and §497.002(2)) are. certainly qivino specific value to Scott's W rk-Time in §4^?.002(2) and his Good-Time in §508 -145-§:)03.149 Where s£>4cific language dl the" "Statute -his Gds