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COURT OF CRIMINAL APPEALS
Att: Abel Acosta# Clerk February 16, 2015
P.O. Box 12308
Austin, Texas 78711
Re: APPLICANT'S PRO SE REQUEST FOR LEAVE TO
FILE A PROPOSED ORDER DESIGNATING ISSUE
"- • AND ORDER FOR FILLING AFFIDAVITS
WRIT NO. WR-82,851-01; Trail Cause No. 11-04-04686-CR-(1)
Dear Mr. Acosta,
Enclosed please find APPLICANT'S PRO SE REQUEST FOR LEAVE
TO FILE A PROPOSED ORDER DESIGNATING ISSUE* AND ORDER FOR FILLING
AFFIDAVITS, in the above-styled and numbered cause.
Please file said motion and bring it to the attention of the
Court, also conformation of receipt is requested. Thank You
for your effective assistance in this mater.
Sincerely,
/s/ ^O^lM^J^Bj^l
DARYL LEE BEESON #1788958
Michael Unit
2664 FM 2054
Tennessee Colony, TX. 75886
RECEIVED IN' .
COURT OF CRIMINAL APPEALS
FEB 2? 2015
el Acosta, Cleric
WRIT NO. WR-82,851-01
TRIAL CAUSE NO. 11-04-04686-CR-(1)
EX PARTE § IN THE COURT OF
§
DARYL LEE BEESON, § CRIMINAL APPEALS
Applicant §
§ AUSTIN, TEXAS
APPLICANT'S PRO SE REQUEST FOR LEAVE TO
FILE A PROPOSED ORDER DESIGNATING ISSUE
AND ORDER FOR FILLING AFFIDAVIT
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Having considered the application for writ of habeas corpus
in the above-captioned cause and the State's original answer,
this Court should find that the issue of whether the applicant
was denied effective assistance of counsel still needs to be
resolved in the present case.
Therefore, pursuant to Article 11.07,§3(d), the lower court
should be ordered to resolve the above-cited issue and then
reenter its findings of fact.
To assist said court in resolving these factual issues, trial
counsel should be ORDERED to file an affidavit summarizing his
actions as counsel for the applicant in the primary case, writ
No. WR-82,851-01; trail cause No. 11-04-04686-CR-(1), and specif
ically responding to the following:
1. Why counseler failed to investigate or present
expert testimony regarding complainant's mental
or emotional state?
2. Why ' counseler failed to request for jury instruc
tions pursuant to Article 38.23 & 38.22, section
§ 7?
3. Why counseler failed to invoke applicant's right
to confrontation clause?
(1)
4. Why counseler failed to impeach State's witness,
at punishment?
Lawrence McCotter, should be ORDERED to file said affidavit
with the Post-Conviction Writs Division of the District Clerk's
Office, 301 North Main Street, P.O. Box 2985, Conroe, Texas
77305, within THIRTY DAYS of the signing of this order.
The Clerk of the Court should also be ORDERED to send a copy
of this order to the applicant, DARYL LEE BEESON #1788958, Michael
Unit, 2664 FM 2054, Tennessee Colony, Texas 75886; and a copy
to counsel for the State, Brent Chapell, Assistance District
Attorney, 207 W. phillips, Second Floor, Conroe, Texas 77301,
and to serve a copy of this order, along with the State's answer
to:
Lawrence McCotter (Trial Counsel)
Rick Brass (Trial Counsel)
207 Simonton ;
Conroe, Texas 77301
When the affidavits of Lawrence McCoteer and Rick Brass are
received,, the Clerk is ORDERED to send a copy of said affidavits
to the applicant and a copy to the State, it is also ORDERED
a copy to 'be sent to the Judge Presiding, 221st District Court,
Montgomery, County, Texas.
By the following signature, the Court adopts the Applicant's
Proposed Order Designating Issue and for Filing Affidavits in
Writ No. WR-82,851-01; trial Cause No. 11-04-04686-CR-(1).
Signed this day of , 2015.
/s/
PRESIDING JUDGE
I.L.A.
(2)