Nobles, Randolph Lee

In The
Court of Criminal Appeals
of Texas

Ex Parte: §
Randolph Lee Nobles State of Texas

§
v. §

Case No.
Tr. Ct. No. 10-03-048-CRW-D

CCA No. WR-75,795-04

Petition for Discretionary
Review

Oral Argument Requested

RECEIVED IN
COURT OF CRIMINAL APPEALS

JAN 23 2015

Abel Acosta, Clerk
>~~

Table of Contents

Cover Page 1
Table of Contents 2
Identity of Judge, Parties and Counsel 3
Index of Authorities 4

Statement Regarding Oral Argument 5
Statement of the Case 6
Statement of Procedural History 7
Grounds for Review 8,9
Argument 10,11
Prayer for Relief 12
Appendix. 13
(a) Judgement Sheet and Indictment
(b) Official Notices from Court of Criminal Appeals
(c) Attorney letter dated June 2, 2010
(d) Attorney letter dated October 16, 2013
(e) Attorney letter dated July 8, 2014
(f) P.S.I. Report
(g) Transcripts (8 pages) - Punishment Hearing
(h) State Fire Marshal'.s Investigation Report (3 pages)
(i) Excerpts from Wilson County News (3 pages)
Lead investigator Carlos D Garza was arrested 4 days
after the interview with Randolph Lee Nobles....
 Identity of Jud^. Parties and Counsel

JudSe; Hon. Stella H. Saxon - 218th District
101 N Panna Maria Ave, Karnes, TX 78118
(803) 780-3089 Fax: 780-3227

Defendant: Randolph Lee Nobles - # 01686000
Sanders Estes Correctional Center
1100 Hwy 1807, Venus TX 76084
(972) 366-3334

State Attorney: Rena Pena / Audrey Louis
1327 3rd St, Floresville TX 78114
(803) 393-2200 Fax: 393-2205

Defense Attorney; Ed Shaughnessy III
206 E Locust St, San Antonio TX 78212
(210) 212-6700
 Index of Authorities

Brady v. Maryland, 83 S.Ct. 1194
Ex Parte Elizondo, 947 S.W.2d 202
Fed. Rules of Crim. Proc. Rule 11
Herrera V. Collins, 506 U.S.390T 113 S.Ct. 853, 122 L.Ed.2d 203
Monroe v. U. s., 463 F.2d 1032
Schlup y. Delo, 513 u.s.298, 314, 115 S.Ct. 851, 130 L.Ed.2d 808
Schnautz v. Beto, 416 F.2d 214
Tex. Code Crim. Proc. Art. 11.07
Timmreck, 441 U.S.780, 784, 95 S.Ct.:2085, 60 L.Ed.2d 634
Ex Parte Tuley, 109 S.W.3d 388
U.S.C.A. Const. Amend. 14
State v. Vasguez, 889 S.W.2d 588
 Statement Regarding Oral Argument

Petitioner, Randolph Lee Nobles, requests to have oral argu
ment by way of telephonic means if possible for the following
reason. Petitioner is illiterate with just an Eighth Grade educ
ation and can articulate and argue his case better orally rather
than having to use a mediator to be translative of his statements
and counterstatements to argue the merits of his case.
 Statement of the Case

This is a subsequent application for a writ of habeas corpus,
Tex. Code Crim. Proc. Art. 11.07 Sec. 4(a)-(c): actual innocence
of the crime of Arson, Penal Code 28.02. Exculpatory evidence was
withheld from Petitioner and Petitioner's attorney which led
Petitioner to enter into an unvoluntary plea of guilty. Petitioner
attempted to withdraw his guilty plea after being admonished by
the court, but was denied by the Court to withdraw his plea of
guilty. The evidence withheld (forensic's report, homeowner's
insurance settlement, homeowner's personal financial disclosures,
and homeowner's prior sexual relationship she had with the police
investigator Carlos Garza) among other relevant facts recently
made available can show that no reasonable juror could have found
Petitioner guilty in light of the new evidence.
 Statement of Procedural History

Petitioner, Randolph Lee Nobles, filed a subsequent Writ of
Habeas Corpus 11.07, Sec. 4(a)-(c): Actual innocence; TR. CT.
No. 10-03-048-CRW-D; WR-75,795-04 that was received by the Court
on December 5, 2014, and was dismissed without written order on
December 17, 2014.
Petitioner requested to extend time for filing Petition for
Discretionary Review on January 5, 2015, and filed for Petition
for Discretionary Review on January 5, 2015.
 Grounds for Review

1) Exculpatory and newly discovered evidence was withheld from
Petitioner and his defense attorney, Ed Shaughnessy III, that has
recently been made available that no reasonable juror could have
found Petitioner guilty in light of the newly discovered and
exculpatory evidence withheld by the State's prosecuting attorney
despite his plea of guilty. Plea of guilty was unvoluntary.
2) The evidence is insufficient to support the conviction.
Fire Marshall's Report of forensic lab results refutes use of
accellerant as cause of house fire. Homeowner's personal financial
disclosures that were withheld from Petitioner and his attorney
prove homeowner, Joan Thompson, to be delinquent in home mortgage
payments and collected over $126,500.00 from insurance policy
and had a sexual relationship with Sheriff's lead investigator,
Carlos Garza, prior to home fire that could constrew bias of
investigation, and that homeowner's benefit from loss of home
together can be seen as suspiciousness of arson by reasonable
juror.

3) Ineffective assistance of counsel. Trial counsel did not
investigate the case, did not file any pretrial motions and
failed to inspect evidence before he misled Petitioner to enter
into an involuntary plea of guilty. His only trial strategy
appears to have Petitioner plead guilty without an investigation
of the case, no pretrial motions filed, and no inspection of
evidence; clearly establishing his lack of representation below
standard that meets the two-prong attack of Strickland.

4) Petitioner's plea of guilty was involuntary. Petitioner was
accepting his attorney's advice to plead guilty, but did not want
to plead guilty. He attempted to withdraw his guilty plea and was
clearly confused when addressed by the Court. Petitioner has
mental limitations with an I.Q. of 74 and is illiterate, making a
colloquy inadequate even though it would usually-.be sufficient.
 Argument

This subsequent application for writ of habeas corpus is
part Herrera-type and part Schlup-type (Herrera v. Collins,
506 U.S.390, 113 S.Ct. 853, 122 L.Ed.2d 203 (1993); Schlup v. Delo,
513 U.S.298, 314, 115 S.Ct. 851, 130 L.Ed.2d 808 (1995)). Petit
ioner claims actual innocence and Constitutional violations under
Tex. Code Crim. Proc. Art. 11.07. Claims of actual innocence are
cognizable by Court of Criminal Appeals in post-conviction habeas
corpus proceedings for confinement and raise issues of federal
constitutional magnatude (Ex Parte Elizondo, 947 S.W.2d 202 (1996),
U.S.C.A. Const. Amend. 14. An applicant's guilty Plea does not
preclude his claim of actual innocence on application for writ of
habeas corpus based on evidence that was unavailable at the time
he pleaded guilty (Ex Parte Tuley, 109 S.W.3d 388). Brady viol
ation was made by State prosecuting attorney by withholding ex
culpatory evidence favorable to defense from Petitioner and his
attorney (Brady v. Maryland, 83 S.Ct. 1194). The exculpatory evid
ence withheld could have determined a different outcome had Appli
cant known about it. A habeas applicant claiming actual innocence
is not claiming that the evidence at trial was insufficient to
support the conviction; on the contrary, the successful applicant
shows by clear and convincing evidence that, despite the evidence
of guilt that supports the conviction, no reasonable juror could
have found the applicant guilty in light of the new evidence
(U.S. v Timbana, 222 F;'3d 688). Petitioner's defense attorney was
ineffective and did such a poor job that clearly it meets the
critera for ineffective assistance of counsel under the Strickland
standard. He did not investigate the case, did not file any pre
trial motions, and misled Petitioner to plead guilty without exam
ining any of the evidence. Valid, intelligently made plea does not
become vulnerable to later attack if defendant did not correctly
assess every relevant factor entering into his decision (State v.
Vasquez, 889 S.W.2d 588). Petitioner was confused and did not know
or understand the consequences of his plea and attempted to with-
10
draw it (Schnautz v. Beto, 416 F.2d 214). Court made plain error
in not allowing Petitioner to withdraw his guilty plea. Petition
er's mental limitations made a colloquy inadequate and should have
conducted a competency hearing or inquiry (Monroe v. U. S.,
463 F.2d 1032; Fed. Rules of Crim. Proc. Rule 11). Applicant's
guilty plea should be set aside (Timmreck, 441 U.S.780, 784,
95 S.Ct. 2085, 60 L.Ed.2d 634 (1979)).

11
 Prayer for Relief

Wherefore, premises considered, Petitioner prays the
Court of Criminal Appeals of Texas grant this Petition for
Discretionary Review and set aside his plea of guilty and
reverse and remand this cause back to the trial court for
repleading.
Respectfully Submitted,

V^JSJ. £*. YPaMaj
Randolph Lee Nobles, Petitioner
Executed on this "2.Q day of January, 2015.

Certification

I, Randolph Lee Nobles, prisoner no. 01686000, being
currently confined at the Sanders Estes Unit in Johnson
County, Texas, declare under penalty of perjury that the
foregoing is true and correct to the best of my knowledge
and belief.

Randolph Lee Nobles

12
 Appendix

(a) Judgment Sheet and Indictment
(b) Official Notices from Court of Criminal Appeals
U; Attorney letter dated June 2, 2010
(d) Attorney letter dated October 16, 2013
(e) Attorney letter dated July 8, 2014 "
(f) P.S.I. Report " ' "
(g) Transcripts -Punishment Hearing (8 pages)
(h) State Fire Marshal's Investigation Report (3 pages)
(i) Excerpts from Wilson County New*(3 pages)
Lead investigator Carlos D Garza was arrested on
multiple counts of sexual assault 4 days after the
interview with Randolph Lee Nobles.

13
 b/

CAUSE NUMBER:/£> - O^- 0 ¥ t~ CRW
STATE OF TEXAS
vs.

RANDOLPH LEE NOBLES

OFFENSE: Arson BOND: $100,000

DEGREE: 2nd DATE FILED: March 3,2010

IN THE NAME AND BY THE AUTHORITY OF THE STATE QF-TEXAS^the
Grand Jury, dulyselected, organized, sworn and impaneled as such forthe County of
Wilson, State ofTexas, atthe October, A.D., 2009, Term of the 81st/218th Judicial'
DistricrCourt for said County, upontheiroaths present in andto said Court, thatonor
about the 7th day ofDecember, 2009, and before the presentment ofthis indictment in^ &"

toe County and State aforesaid RandolphNobles (hereinafter styled Defendant), did then
and there:

Paragraph A
with intent to damage and destroy ahabitation located at 133 Spring Valley Drive,
Adkins, Texas, start a fire, or cause an explosion, by using flammable accelerants,
knowing thatsaidhabitation hadlocated within it property belonging to another, to-wit:
furniture, belonging to Joan Thuuipsun;

Paragraph B'
withintentto damage and destroy a habitation located at 133 Spring Valley Drive,
Adkins, Texas, starta fire, or cause anexplosion, byusing a flammable accelerant, and
the said Defendant was reckless about whether the burning orexplosion would endanger
Ayl~fe of some individual or the safetyof theproperty of another, to-wit: Joan
1 • "M-.n:'..j, hy-a ;inga flammable accelerant to starta fire or cause an explosion;

AGAINST THE PEACE AND DIGNITY OF THE STATE.

Foreman of the Grand Jury

I. DEBORAH BRYAN, POT8CT CLE'S 0FMLSO7J CITY TEXAS
DO HERESY CERTIFY THAT THE HffiEGOBG IS ATRUE WD GORPECT
COPY OFTHE ORIGINAL fSfO/S'.'D OF RECORD IN l!Y OFFICE
W1TK0SS f.!Y OFFICIAL MA© AKp SEAL THIS

DEBORAH 8RVAW. District Gsric
WIL50;JC016T/,F. _____ fct3o' f^j

(a) Indictment
 CASENO.10-03-O0048-CRW Count
INCIDENT NO./TRN:
The State op Texas 5 In The 218TH District
v.
§
§ Court

RANDOLPH LEE NOBLES § WILSON County, Texas
State ID No.: TX
§

.Judgment of Conviction bt P-pukt^-Waiver nv .Timvtptai.
Judgo Presiding: HON. STELLA SAXON Date Judgment
11/8/2010
Entered:
Attorney for State; AUDREY LOUIS Attorney £>r
Defendant: ED SHAUGHNESSY
Offense for which Dflfen^nt Convirt»w-
ARSON
Charging Tn?trt,nfn^;
INDICTMENT
Date of OflfrryfT 28.02 Penal Code
12/7/2009
Degree of (ifcrifG
2ND DEGREE FELONY PhatnOffBim; Kndfnf^ ftn DeadlyWeapon;
Terms at Plea Baiffiifa. GUDLTY N/A

Plea to 1« Enhancement
Paragraph: N/A Plea to3*Bnhnncement YEARS INSTITUTIONAL DIVISION, TDCJ
THIS SENTENCE SHALL BUT.' CONCURRENTLY.

«-N/A £fisa±fflafeE I^fiaa: ^ —

D'siiseof^^^^

'inio
Credited: to
JFronj to
ag^»^«"*^—t*^^^^-,—J--,r11, „„,„,
irpeniB.Ht«bnMtto0,anint,nl,d<,IW)amaBt;fa^^ , , , • '
Thia cause was coiled for triaJ inWilson Q »•,Sta*
, n, ^^^,lvgrnr^..n5er^^'TaM^ ^ *»<*«*t ^?^
bylu^KatrictAttorney.
Defendant appeared mpersonVith Counsel.
•a finiti* «,«„ 7j— 7*"«»"w»u reaciy tor trial. Defendant waived ti« r,V»,» „rZT iT • •* """^ m wnang ur open court.
•Court then admonished Defendant as required by hn £^t 1f^ l*™1 b/,my•»* eatere^ t&el&a^nicated aboi
nd ^f"* «» PJ«» &*ly and volunter^and waTkwa^^^ C°Urt ^tDefea^* ^aa men^^apetent to
2» ofDefendant,
«ence ST"?" Hr^^^^itST^r^^
the Court pronouncedsenten^XSt£fe„,lanf *******"**°ftheTheCourtr^Sthepteaand
offeoS8 faS^aboi. In the
(a) Judgment Sheet
 P.O. BOX 12308, CAPITOLSTATION, AUSTIN, TEXAS 78711

12/5/2014 v, V;/iC:
NOBLES, RANDOLPH LEE Tr. Ct. No. 10-0^-048-CRW-D WR-75,795-04
On this day, the application for 11.07 Writ of Habeas Corpus has been received
and presented to the Court.
Abel Acosta, Clerk

RANDOLPH LEE NOBLES
ESTES UNIT - TDC # 1686000 L • ' ...; .-/
1100 HWY. 1807
VENUS, TX 76084

SB 76084 ll-,--iHf,|-*If-H'I-'|J-lf|,-lil-l||I»lIni-|-I»-ilIl»f|,,fIl'

OFFICIAL NOTICEFROM COURT OF CRIMINAL APPEALS OFTEXAS
P.O. BOX 12308, CAPITOL STATION, AUSTIN. TEXAS 78711

12/17/2014 •-''—- f---i-'Z*,.r. •
NOBLES, RANDOLPH LEE Tr. Ct. No. lb-03-048-CRW-D WR-75,795-04
The Court has dismissed without written order this subsequent application for a writ
of habeas corpus, TEX. CODE CRIM. PROC. Art. 11.07, Sec. 4(a)-(c).
Abel Acosta, Clerk

RANDOLPH LEE NOBLES
ESTES UNIT - TDC # 1686000 ._• ,"• •-,
1100 HWY. 1807 =-. ' \
VENUS, TX 76084 • ; •-•

3B -7BOS4 lll,i,l,,,,lll,lll,l,^l,ll,ll'^l,ll,l,,l'llHl"l,l,ll,lll,l!l,

(b)
Edward E Shamghnessy, HI.
§06B.IX)CUSTSXRJiKr
SANAHTOKIO, TEXAS 7821S
PHONE: (glO) 2ia.. 6700

Audrey Louis
Assistant District Attorney
81st/218th 3udicial District
Wilson County,, Texas
1327 Third Street
Floresville, Texas 78114

Re: The State of Texas v. Randolph "Randy" Lee Nobles
Cause No. 10-03-048-CRW

Tune 2, 2010

Dear Ms. Louisj

As you are surely aware ray client "Randy" Lee Nobles stands
charged by way of an indictment with the offense of Arson alleged
to have been committed in your jurisdiction on December 7, 2009.
You might recall that his original attorney was allowed to
withdraw from representing "Randy"; hence I am the second
attorney on this case. Unfortunately, his prior attorney did not
transfer the discovery package to me after withdrawing; hiHcTl—
am presen-ely without a discovery package on "Randy's" case.
I was hoping that you might be able to send me a copy of the
discovery package in the enclosed envelope. I am pretty "fired
up about this case and want to get to work on it while the
matter is still "hot".

Sincerely yours, your obedient servant,

Edward F. Shaughnessy,\lll
Attorney at Law

Cc: Randy Nobles

(c)
Edward F. Shaughnessy, HI.
206 E. I£>CUST STREET
SANANTONIO, TEXAS 78212
PHONE; (210) 212 - 6700

October 16,2013

Rand> Leo Nobles
1100 FM 1807
Venus, Texas 76084

DearMr. Nobles,

Ireceived your letter requesting the "transcripts" ofyour case. Ido not have "transcripts-
pertaining to your case, Ido have your discovery packet. Ihave enclosed your discovery
packet in its entirety. Ihope you find this information helpful.

Sincerely,

3^ Vto* . *?*'
.4, l, ^hjAA.^Vr^^J •
Edward F. Shaughnessy, I|I

\

(d)
Edward K SliaiigSmessjj III.
206 E. LOCUST STREET
SAN ANTONIO, TEXAS 78212
PHONE: (210) 212 - 6700

July 8,2014

Randolph L. Nobles
"SiDrte&eotre
Sanders Estes Unit
1100 HWY 1807
Venus, TX 76084-39&6"

RE: Forensic Report

Dear Mr. Nobles,

Thankyou for contactingme about your caseat hand. Ifyou will please return a
letterincluding your friend's contact information aswell as provide himwiththat ofmy
office 1will be happy to assist you further in your matter.

Sincerely,

'Edward F, Shaughnesly, III I
Attorney-at-Law ' \
206 E.Locust St. . \
San Antonio, TX 78212
(210) 212-6700

(e)
 PRE-SENTENCE INVESTIGATION REPORT
RANDOLPH LEE NOBLES
CAUSE # 10-03-048-CRW •
Page 5

EDUCATION

. Mr. Noblesreports he never attended high school and dropped out ofschool after
completingthe seventh (7) grade in 1974. Defendantreports never attempting to obtain aGED
2hT •?Z*0*5,
S eSt?Pped
Ijust can tput g0ing Defendant
it together". t0 sch°o1 because
reports heJ« "^dn'tproblems
experiencing tea** anything.
learning Defendant
in school
and attended remedial classes. Defendant reports his desire to continue school ended so he just
In preparation for ap^e-sentence-investigation, the Adult Placement Indicator would
normally beadministered, however due tothe feet that defendant can notread orwrite this
assessment was not administered. This instrument helps determine'the rearfinp 1^1»f«n
...m&vidual through aseries ofvocabulary and comprehension questions. The defendant
actmowledged mat he cannot read or write and was not interested in any attempt

MILITARY

' Mr. Nobles reports never having served in the United States Armed Forces.

EMPLOYMENT

ni^^—rT^01* he k* faeen raewptoyed for the last six (6) months, priorto being
}^£Xt£SZ^ 2009KDefendantreports severalemployers in'tSlast£%.
S S t ' def^^r^°^ WOT^g^astructuralweIderforZachary Power at Calaveras •
"K££?^^ Defendantreportshemovedoftenasheeasny
aZS£222S£ fff1 **"* Jacksonvi11^ Korida; Engels, Mississippi and New
SSnTt^^,J? d?fcndaf reports all Ms employments have been in structural welding

FINANCIAL

*2M9 DeSS
J±2m: n° T^f°r
Defendant reports MT*°d-
no outstanding bills.Defendantta been m«»«*
The defendantreports owningsince
a2006DecemTer
Chevy
SSTm^h ^^yP^edonJoan
assets. Mr. Noblesreports his driver licenseThompson' s property.since
has beensuspended DefendaSpom no oto
age eighteen(lT)

(f)
 1
PUNISHMENT HEARING
2
(November 8, 2010)

3

4
THE COURT: Cause number 10-03-0048, State
5 versus Randolph Nobles.
6
MS. LOUIS: State's ready, Your Honor.
7 THE COURT: You are Randolph Lee Nobles?
8
THE DEFENDANT: Yes, ma'am.
9
THE COURT: And I think we were in court-
10
previously and I'd asked -- go ahead and be seated. I'd
11
ask for the State to please state for the court, the
12
prior proceedings in this matter.
13
MS. LOUIS: Your Honor, on July 14th
14
Mr. Nobles pled guilty to the offense of arson, a
15
se^ojid^deg^e^^ of eight years and
16
<=•«; £?5t1t»t1on of $5,772.56. On October 4th the Fourth
\1
Court —we were set for sentencing and Mr. Nobles asked
18
to withdraw his plea at that time and the court reset
19
the case to review the plea and review the
20
admonishments, and we're before the court today for
21 sentencing.
22
THE COURT: Mr. Shaughnessy, does this
23
correctly state the prior proceedings?
24
MR. SHAUGHNESSY: Yes, Your Honor, the only
25
additio-ns Iwould add is that there were a couple dates
(g)
 1 set for sentencing that for one reason or another,

2 communication between probation and court or probation
3 and myself or for whatever reason the sentencing was
4 reset and then it had to be reset when I had to leave

5 the state for family business back in mid October.
6 But, yes, the district attorney states correctly.
•7 When we left off of court in early October the court
8 requested that the court reporter transcribe the plea
9 that was entered into before this court in July of 2010
10 I believe that has been done and it speaks for itself.
11 I don't know how the court views it.

12 I believe my client's position remains the same,
13 that being he wants to withdraw his plea, get a new
14 attorney and start back over from the beginning. Could
15 I check and make sure that's correct?
16 THE COURT: Yes.

17 (attorney/client discussion)
18 MR. SHAUGHNESSY: That is correct, Your
19 Honor

20 THE COURT: So Mr. Nobles, the last- we were
21 here I did not have Mr. Turner here on that day and I
22 said I would be getting a copy of the court's --
23 THE DEFENDANT: Yes, ma'am.
24 THE COURT: --hearing, which I have and
25 have reviewed. In the meantime somewhere about October
 tr
.i i <

m

1 the 6th I got a --

2 THE DEFENDANT: Yes, ma'am.

3 THE COURT: --number of papers from you

4 dated July the 14th., but not mailed to me until

5 October the 6th.

6 THE DEFENDANT: Right.
7 THE COURT: And you are wanting to withdraw

8 your plea?

9 THE DEFENDANT: Yes, ma'am, please.
10 THE COURT: And state for me, sir, again

11 why you want to withdraw your plea.
' " '"• -"" ••••• —••!•• —Ml- ,.| |, II.-.I..II I- •••1111 I ' ^'

12 THE DEFENDANT: Ma'am?

13 THE COURT: State for me again why you want

14 to withdraw your plea.
15 THE DEFENDANT: He coerced me into signing
16 the papers, Your Honor, when I have evidence to show

17 that I did not burn the house down. I've got proof of
18 that.

19 THE COURT: So you're claiming your lawyer
20 coerced you into signing these papers?
21 THE DEFENDANT: Well, between him and the
22 State's attorney there, they told me -- they said take
23 four years on the truck and trailer and not what's in

24 that paper there and not have to get life in prison
25 without parole and all of this if I didn't take eight
 m
1 years right then. And then she says she didn't have the

2 file, the motion for discovery file, which would come in
3 and prove to you those days in October.

4 He said he did have the file. I got a letter right
5 here from him stating he did not ever have the file.
6 It's right here, Your Honor. And then the file would

7 have showed the court, if I would have had the file I

8 would have never ever signed that plea agreement for
9 nothing. And he said, you know, like it's in my best
10 interest to sign that when I come to you. He said, no,

11 yoti can' t take a plea of no -- in your best interest

12 it' s gui Ity or not gui Ity. I saic1, wel 1 , in my best

13 interest, I said it three times. And that's when I kind
14 of teared up and I said, okay, I guess I'm guilty then,
15 which I didn't want to take that. I didn't want to do
16 life in prison for something I didn't>do either. ..
17 And then I got to thi'nking, well, hell, if he would
18 have had -- if he would have had the file before, him
19 right there when we stepped up there that day we
20 probably wouldn't even be eleven months of my life in
21 this jailhouse over here.
22 THE COURT: Well, sir, here's what I have
23 to tell you -

24 MR. SHAUGHNESSY: Your Honor, before you go
25 any further there's just one thing I'd like to correct.
 1 At no time did I tell Mr. Nobles he was looking at life

2 without parole.

3 THE DEFENDANT: Yes, you said --

4 MR. SHAUGHNESSY: What I told him was that

5 he was charged with a second-degree felony and then if

6 one of his prior convictions or trips to the

7 penitentiary in the state of Florida proved to be a

8 final felony conviction he could be enhanced and he

9 could face a life sentence in the state of Texas.

10 THE DEFENDANT: Your Honor, I got witnesses

11 in that room right there when he said that and -- right
12 there, and one of them in here today --
13 THE COURT: Sir, I don't really want to
14 hear that, but what I do have to tell you--go ahead and
15 sit down--is this. You stood in front of me --

16 THE DEFENDANT: Ma'am?

17 THE COURT: You stood in front of me

1.8 THE DEFENDANT: Yes, ma'am.
19 THE COURT: I asked you how you pled. You
20 told me guilty.
21 THE DEFENDANT: Yeah, I yes

22 THE COURT: I asked you if you were
23 entering this plea of guilty and you told me you were 50
24 years old and had been to the eighth grade and you told
25 me you were entering this plea of guilty freely,
 4

1 intelligently, knowingly and voluntarily
2 THE DEFENDANT: Yeah, in my best interest I
3 did

4 THE COURT: No, no, you said, "yes, ma'am."
5 I asked you, "Has anyone threatened you or promised you
6 anything to get you to enter this plea?" You said,
7 "No." And I asked if you were pleading guilty because
8 you were guilty and for no other reason. You said, "I'm
9 not guilty but, yes, ma'am, in my best interest, yes."
10 And I told you, "no, I can't take that

11 THE DEFENDANT: Right.
12 THE COURT: And you said, "Yes, ma'am,
13 I'm --" and I said, "Are you pleading guilty because you
14 are guilty and for no other reason?" And you said, "I'm
15 guilty."

16 THE DEFENDANT: Yeah, but --

17 THE COURT: And then I asked you if all the
18 allegations in the indictment were the truth and you
19 told me, "No, they're not true, but I signed that
20 paper." --

21 THE DEFENDANT: Right.
22 THE COURT: And I said, "I'm not taking
23 that. That won't cut it. I will not take that." And
24 you said, after your attorney said you need to answer
25 one way or the other, let her know what you want to do
 1
And you said, "Would you mind repeating it?" I said,
2
•'Are those allegations contained in the indictment true
3
and correct?" And you said, "Yes, ma'am."
4
THE DEFENDANT: That's correct.

5
THE COURT: And then you went on to tell me
6
that you were completely satisfied with the work that
7 your attorney had done for you on the on case.
8
THE DEFENDANT: Well, what else are you

9 going to say, you know?
10
THE COURT: I do not know, but I know this.
. 11 I did not coerce you in any way.

12
THE DEFENDANT: No, ma'am, you didn't.
13
THE COURT: I simply asked you to be
14 straight and honest with me.

15 THE DEFENDANT: Yes, ma'am.

16
THE COURT: And I determined that your

17 plea was freely, voluntarily, intelligently and
18 knowingly made.

19 THE DEFENDANT: Yes, ma'am. May I say

20 something?

21
THE COURT: And that's my determination

22
THE DEFENDANT: Okay. See, he hadn't ever

23 even had the file before. I just got it myself three
24 weeks ago where it clearly shows that I wasn't anywhere
25 around the house when it burned down.
 '•yv»*--•—. •-•'-tnr
@

1 THE COURT: So as far as allowing you to

2 withdraw your plea

3 THE DEFENDANT: Yes, ma'am.

4 THE COURT: --I'm not allowing that and

5 we're going forward. Are y'all ready to proceed?
6 MR. SHAUGHNESSY: Yes, Your Honor.

7 MS. LOUIS: State is.

8 THE DEFENDANT: That ain't right.

9 THE COURT: The court has previously

10 ordered a presentence investigation report. Have the
11 State and the defense had an opportunity to review it?

12 MS. LOUIS: The State's reviewed the

13 report, Your Honor, and we have no objection.
14 MR. SHAUGHNESSY: No objections, Your

15 Honor. We've had an opportunity to review it and we

16 received it in roughly the third week of September.

17 THE COURT: the court will consider it.
18 Does the State have further testimony for the court's

19 consideration?

20 MS. LOUIS: Not at this time, Your Honor.

21 THE COURT: Does the defense have testimony

22 for the consideration of the court.

23 MR. SHAUGHNESSY: No, Your Honor. We would

24 like to emphasize certain things in the PSI.
25 THE COURT: I wi11 consider your arguments
 ^^s.

ftiir-.
STATE FIRE MARSHAL'S OFFICE
INVESTIGATION REPORT
TEXAS DEPARTMENT OP INSURANCE

SENSITIVE

Case# 10-127-12 Investigator;' Dean Shirley Date ofReport: 2/26/10
Case Report Narrative

On December 9, 2009 A Warrant of Arrest of Randolph Lee Nobles was issued by Justice of the
Peace Ernest Devora, Precinct 1,Wilson County for the charge of Theft >$500 <$1500.
On December 11, 2009 a Warrant of Arrest of Randolph Lee Nobles was issued by Justice of the
Peace Richard Jackson, Precinct 4, Wilson County, Texas for the charge of Arson on a complaint by
Wilson County Sheriffs Office Investigator Carlos Garza that included Information from an interview
of Nobles by Investigator Garza in whichT?ob"fes admits starting the fire using lighter fluid in the
fireplace and then leaving the residence. The information includes that there were threats by Nobles
to burn the house.

On March 3, 2010, the Wilson County Grand Jury.indicted Randolph Lee Nobles on two counts of
Arson.

BCASE STATUS =======_=======s
This case remains ACTIVE,

Page 7

Form REP2, rev 5/26/04
(h) 1 of 3 pages
f> •&
•8'f. .
STATE FIRE MARSHAL'S OFFICE
INVESTIGATION REPORT
TEXAS DEPARTMENT OF INSURANCE

SENSITIVE

Case# 10-127-12 Investigator; • . Dean Shirley Date of Report: 2/26/10
Case Report Narrative

CANINE EXAMINATION

DSFM Pleasant searched the scene for Indications of ignitable liquids with Canine Tess. See K-9
Report included in this case file. Tess made three indications. The first was on the ground under the
area of the living room at the west end. The second was in the hallway leading to the living room from
the family room. The third was in the family room near the end ofthe sectional sofa.

I EVIDENCE
Evidence Soil
Evidence # 1
Date/ Time 12/10/2009
Address 133 Spring Valley, Adkins, Tx
Location Ground under east side of formal living room
By: T. Pleasant
Canine Tess
Note: Submitted to Arson Lab with Negative results
Evidence Carpet Pad, Carpet, Fire Debris
Evidence # 2
Date/ Time 12/10/2009
Address 133 Spring Valley, Adkins, Tx
Location. .Hallway, at South Bedroom
By: T. Pleasant
Canine •Tess
Note: Submitted to Arson Lab with Negative Results
Evidence Carpet Pad, Carpet, Fire Debris
evidence # 3
Date/ Time 12/10/2009
Address 133 Spring Valley, Adkins, Tx
Location Family/Living room at Dining room entry
By: T. Pleasant
Canine Tess
Note: Submitted to Arson Lab with Negative results

Page 5

Form REP2, rev 5/26/04
(h) 2 of 3 pages
 UX £1. JL AU X'-B.-ILVJQ LYXfTXje^yjLJLjra.M-J ij v/Jf JL' XV«»JC*
INVESTIGATION REPORT
TEXAS DEPARTMENT OF INSURANCE

SENSITIVE

Case # 10-127-12 Priority 2 Investigator Dean Shirley Status Active
Day of Fire | Monday Date of Fire 12/07/09 Time of Fire 9:27 PM Cause of Fire Incendiary
Date of Request 12/08/09 Date Case Assigned | 12/09/09 Date of Investigation 12/10/09
City of Fire | Adkins County of Fire | Wilson
Location of Fire [ 133 Spring Valley
Type of Fire Investigation | Mobile Home Injuries j No Deaths No

OWNER
Full Name | Joan PolanThompson Phone #
Address I 133 Spring Valley, Adkins, Texas78101
Race White Other Sex Female Age 55 Date of Birth 04/13/54
Social Security #-4-459.02-7887- -Driver's License # 6251676?
Insurance [Yes I Insurance Company Name I American Modem (865) 380-2220
Policy # 0360045418994 Effective Dates 07/20/05 To 07/20/10
Amount of Policy; | Structures 84000 Contents $ 42500
Adjusters Name Joe Castillo - Homefirst Agency Adjusters Phone # 512-698-1974
Agents Name Agents Phone #
Agents Address

OCCUPANT
Full Name Same as above Phone #
Address
Race Other Sex Age. Date of Birth
Social Security # Driver's License #
Insurance No Insurance Company Name
Policy # Effective Dates To
Amount of Policy; | Structures Contents S
Adjusters Name Adjusters Phone #
Agents Name Agents Phone #
Agents Address

l£l DISCOVERED U REPORTED FIRE"
Full Name Joni Johnson Phone # 8302174463
Address | 132 Spring Valley, Adkins, Tx 78101
Race Other Sex Age Date of Birth
Social Security # Driver's License #

REQ-UESTQR-
Full Name | EdwinBaker,Wilson CountyFire Marshal Phone# 830-391-1713
Address
Race Other Sex Age Date of Birth
Social Security # Driver's License #

MOTOR VEHICLE
Type of Vehicle Year Make Model
Vehicle Use Color VJ.N. # L.P.#

OTHER INFORMATION
Other Investigating Agencies I Wilson County S. O. Carlos Garza
Responding Fire Departments | Kicaster VFD, La Vemis VFD, Eagle Creek VFD, Stockdale VFD
Weather Conditions cool and clear Wind Direction NortheasfTo Southwest Velocity j 0-5 mph
ADMINISTRATIVE SECTION
Arson Lab Utilized Yes Smoke Detectors Present Yes K-9 Utilized Yes
Approved By
Date

FormREPl,Rev 8/2/04
(H)3 of3 pages
. 'KVilson County News -Section A: General News -Grand jury indicts former investigator f

Grand jury indicts former investigator
William J. Glbbs Jr.
Wilson County News
May 18, 2010

Cari!s°D
t-anos v,CSS^l^*?"™** tW° S^arlte
barza. Tbe Indictments were among ™'cbytments
27 returned against
the grand juryformer Wilson County Sheriff's Office Investigator
May 14.

that occSJrefonlJabo^rrh S91"^^'^..6^,3359^ and. one count of offldal oppression stemming from an incident
lna%n?prj2e Sarch '"* 3Ctln9 Under the color of h,s emP'°yment, allegedly subjected afemale to an
I^ooerS^SSih^ C'aS^ Ami?d5m,ean°'V Punishable by up to one year In jail and afine of up to $4,000.

^^S^S^S^f1"07^' reSigned h,s P°s,t,on foI,owln9 hls »"• ™arrest At that time, he was
an 32SSXS&5?!Sa^^ °f C,V" ri9htS' re'ated t0 Ga-'S a»^d Performance of
Since thatarrest, Garza was free on$50,000 bond.

2£$i!^^ Ehat»more/Wi,son County sheriffJoe D-Tack,tt 3r-sa,d May14- "K's na**w** ark»
SSK£X* P?t°4 2ns?S^WtffSSKS£?W
through the ranks to become an InvesOgator. ^ 9S P°'iCe°r?Ce ^ *' 1994'
DePartment' Gara'asWadeputy
was hired ho formeriV worked
and rose
mS pla^o^^^ and Education, Garza became certified in 2008 as a
during his nearly 23-year career Cldents a,,e9ed by the char9es' tnere was no record of disciplinary action against Garza
Officiate confirmed ttat^^^fer^ from ^ ^ ^ ^ ^ ^ ^

(i) 1 of 3 pages
 Wilson County News -Section A: General News -Former investigator to spend next four years behind bars
it

Section A: General News

Former investigator to spend next four years behind bars
William J. Gibbs Jr.
Wilson County News
September 14, 2011
444 views

I!0'!31™*'
former WllsonLSTrily TO?fi!e
•r^tD:fUmM OfficeaCareer of fightlng
Investigator crimeand
will spend he,Pln9
the next to Putcriminals
four years on the otherbehind
side ofbare.
the No
bS
following his Sept. 6pleas of guilty to two counts of Improper sexual activity with aperson in custody
Court records indicate that Garza?accepted the plea deal prior to jury selection. After beina sentenced bv J
Donna Rayes of the 81st Judicial District, he was transported to theTwilson^CountyJaf. There heSiawai
transfer to a state Jail by theTexas Department ofCriminal Justice. '
District Attorney Rene Pefia of the 81st Judicial District said Garza will be required to serve "dav for dav" o
two-year conserve sentences. He will no longer be allowed to serve as apea«TofflleTpefTa LSI.
*S~Hn° ?Ver *? C°^e of 15 years attne wl,son Countv Sheriffs Office, rose through the ranks to be.
JailXedS2££S3 2°?°'
imnmnTl ,fii 1?1P rtirmed an ,naPP«»Pri«te
"""^l"9 h'search,
S arreStresulting
Th,s wasin afterafemale '"Sea
his being charged with onehecount
Wisonec
oT^ePp,eaS! *"*" "^^ '" CUSt°dy a"d 0fficial °Ppresslon- ^ ,atter «SS^3S£S
rQSu°„fd!!f1?!!fd Were tW01<*af9es of sexual assault, which avictim alleged occurred in 2004 and 2005 and
Former investigator to spend next four years behind bars
"We visited with each victim/ Pefia said. "They felt that justice was done, given their circumstances
The district attorney said that by going with aplea dea. Instead of atrial, it saved the victims from having to testify In open court.
"We didn't want to victimize these .victims again," Pefta said.

Copyright ©2011 Wilson County Mews. All rights reserved. Web development by Drewa Designs.
 Wilson County News - Section A: General News - Defendants getnew court dates-

t_-tU-^_Vttfdtali-M_i

Section A: General News : :
Defendants get new court dates
William J. Glbbs Jr.
Wilson County News
October 19,2010 | 866 views
Sentendng for 50-year-olo_^^g«oBi^ho-in July pled guilty to one count ofarson, is now set for Nov. 8, according to court records. Judge Stella Saxon of the 218th District«
was initially set to sentence him Oct iz.
H^ Nobles was charged with arson for his admitted rote in aDec. 7, 2009, fire thatdestroyed amobile home on"Sprlng Valley Drive in Kicaster.
Also rescheduled is the trial ofJesse EHseo Barhlght, 34, ofSeguin, charged with two counts ofintoxication manslaughter with amotor vehicle for the Sept.13, 2009, deaths ofSimon ar
03 ^^S^%o^mJ»^Sn forXial, whlchTas'initially set to begin Oct 25, has been rescheduled for Dec. 13. Barhlghts next scheduled, court appearance is for ado
O call Nov. 23, according to court records.
n Following the same schedule is Brian Q. Hernandez, 30, of Corpus ChrisB. He is charged with two counts ofaggravated assault causing serious bodily injury to afamily member for his all
—' rote In the Aug. 28, 2009, shootings ofhis estranged wife and her father In Sutherland Springs. . ______
T3

ro ^^^Ome^^^^i^^^^^^'^^^^^^^^'a person '" aa^lrofarnja^
tn » * — -, ^b,—.-, ._ _ i --___«——•_^__^_a_^——g—«»™"™—»'"^»s*=~**,',~~—''—ll~*
Stilt set for jury selection Oct 25 is Hector Esqueda, 23, ofSan Antonio, charged with three counts of intoxication manslaughtertor hisallegedI rote in aJune 7, 2009, crash on U.S. 181!
of Poth. The crash claimed the lives ofhis three passengers, Prisdila Montoya, 20; Orlando Brown, 18; and Kara Denkewalter, 20, a« ofSan Antonio.

Copyright © 2011 Wilson County News. All rights reserved. Web development byDrewa Designs.

o . . o
. K
•»•»

Court of Criminal Appeals of Texas

January ______> 2015

To each of the judges who sit on the Court of Criminal Appeals:

I am Randolph Lee Nobles, TDCJ-MTC No. 01686000. I would
like to express my thank to the judges; I thank each and every
one of you for taking the time to look at the habeas corpus writs
and the Petitioner for Discretionary Review.
I do not know how to read or write, and I must rely on the
paralegals and writ writers to do all the reading and stuff for
me. I can only imagine how hard it must/be for each and every one
of you to have to sit and read each one of these writs, day in
and day out, and to make the decisions on people's lives.
Thank you so much for the things that you do for me as well
as the other inmates that are in the prison system.
Once again,, thank you so much for the things you do. God
bless each and every one of you.

Sincerely,

W. d£« V^t^W
Randolph Lee Nobles