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IN THE TEXAS COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
EX PARTE §
§
§ WR-53,835-05
§
CARL MATTHEW BELLOTTI, III §
NOTICE
m re the "Off Limits" trial Record
RECEIVED IN
COURT OF CRIMINAL APPEALS
18 2015 *
Abel Acosta, Clerk*
Philip W. "Phil" Moore, Petitioner Pro $e
15623 Fagerquist Road
Del Valle, Texas 78617-5800
Phone:(512)667-1508
e-mail: pwml 1.07@gmail.com
IN THE TEXAS COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
EX PARTE §
§
§ WR-53,835-05
§
CARL MATTHEW BELLOTTI, IH §
NOTICE
in re the "Off Limits" trial Record
Philip W. "Phil" Moore, Petitioner Pro $e
15623 Fagerquist Road
Del Valle, Texas 78617-5800
Phone:(512)667-1508
e-mail: pwmll.07@gmail.com
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IN THE TEXAS COURT OF CRIMINAL APPEALS
AT AUSTIN, TEXAS
EX PARTE §
§
§ WR-53,835-05
§
CARL MATTHEW BELLOTTI, III §
NOTICE
in re the x%Off Limits" trial Record
TO THE HONORABLE JUDGES of said court:
COMES NOW CARL MATTHEW BELLOTTI, III, APPLICANT Pro $e in the
above-styled andnumbered cause,byandthroughPhilipW." Phil"Moore, whopresents
this his NOTICE in re the "Off Limits" trial Record pleading(s) in the above-
styled and numbered cause in accordance with, inter alia, Article 11.12 (Who May
Present Petition) of our Texas Code of Criminal Procedure and its "Hornbook Law"
progenies and who, in support thereof, would respectfully show this Honorable Court the
following:
I
PROCEDURAL BACKGROUND
Once again in the interest(s) ofbrevity, Applicant has raised two (2) Grounds for
Relief in the habeas pleading(s) filed on his behalf on Monday, February 9th, 2015 —
1 ALL "emphasi$" belongs to this writer unless otherwise indicated.
2
Either the party for whom the relief is intended, or any person "for" him, may
present a petition to the proper authority for the purpose of obtaining relief.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
-1-
l/>tZrf*—
ineffective "assistance" oftrial counsel (a/k/a LAC) based primarily on "trial" counsel's
failure(s) to so much as attempt to impugn the testimony ofthe State's "Star" Witnesses
identifiedinfra and ProsecutorialMisconductbased primarilyupon the State's knowing
and intentional subornation of perjured testimony (viz, Inconsistent Statements as
defined by V.T.C.A., Texas Penal Code §37.06) on the part of its two (2) "Star"
Witnesses, Groves Police Department Sergeant Kevin Russell White and a Lay Witness
by the name of Aelisa Faye Sanders.
. . .and despiteprimafacie evidence in support of Applicant's allegations and
lengthyverbatim quotationsfromthe Strickland Court's two-prongedtest nowrequired
for analysis of such LAC allegations, the habeas court below has entered its so-called
Findings of Fact and Conclusions of Law asserting that
". . .[A]pplicant has failed to meet his twin-burden of
production and persuasion for establishing his LAC claim, as
required under Strickland v. Washington, 466 U.S. 668,
687-688 (1984), by a preponderance of the evidence "
".. .FINDINGS, CONCLUSIONS ..." @ p. 5. Worse yet, the habeas court below has
ordered the Jefferson County District Clerk's Office to immediately forward to this
Honorable Court
".. .[t]he [CJlerk's [R]ecord in .. .[Cause] No. 09-072[83]...,"
ID. @ p. 6 (4), rather obviously intent upon compelling this Honorable Court to reach
the merits vel non of the case at bar without benefit ofthe Official Reporter's (trial)
Record!?
. . .and then most alarmingly, when this writer placed a telephone call to
DeborahAnn (Ann)Manes—the AssistantJeffersonCountyDistrictAttorneywho filed
the State's Original Answer pleading(s) in the case at bar — to question her about the
3 See MEMORANDUM @pp. 17-19.
habeas court's exclusion of the Official Reporter's (trial) Record from its so-called
"Transmittal" Order, Ann Manes actually had the unmitigated gall to respond that
".. .the Official Reporter's (trial) Record is Off Limits
on Habeas Corpus!!?"
REDUCTIO AD ABSURDUM
Ths sockdolager is simply this: as even a cursory review of those highlighted
portions of Exhibits "A" & "B" reveals, the Official Court Reporter's trial Record
certainly wasn't "Off Limits" in the Duffy and/or Burkhalter cases decided by this
Honorable Court (and cited by this writer in the pleadings germane to the case at bar)
and it is not — and cannot be — "Off Limits" m this Bellotti case!!!?
FURTHER PETITIONER S/WETH NOT.
II
PRAYER
WHEREFORE, PREMISES CONSIDERED, Applicant respectfully
prays that this Honorable Court will ORDER the habeas court below to ORDER
the Official Court Reporter ofthe 252nd Judicial District Court ofJefferson County,
Texas to provide this Honorable Court with a certified copy of said trial Record to
enable this Honorable Court to comply with our United States "Supreme" Court's
mandate(s) that
".. .a court deciding an actual ineffectiveness claim must
judge the reasonableness of counsel's challenged conduct
on the facts ofthe particular case, viewed as ofthe time of
counsel's conduct. A convicted defendant making a claim
ofineffective assistance mustidentify the acts or omissions
of counsel [shown in the Official Reporter's (trial)
Record] that are alleged not to have been the result of
reasonable professional judgment. The court must then
determine whether, in light of all the circumstances, the
identified[in the Official Reporter's (trial) Record]
acts or omissions that were outside the wide range of
professionally competent assistance. ..."
Strickland v. Washington, supra. In the alternative, this Honorable Court could
(and probably should) rely upon the true and correct copy ofthe entireOfficial Court
Reporter's (trial) Record—BOTH TRIALS/all five (5) Volumes—which was
hand-delivered to Hon. Abel Acosta, Clerk ofthis Honorable Court by Petitioner at
Petitioner's expense on Wednesday, March 11th, 2015 to enable the Court to reach
the merits vel non ofApplicant's claims in the case at bar in a manner consistent with
the mandate(s) of the Strickland Court.
CLEARly, because Applicant has alleged facts which, if true, would surely
entitle him to the relief sought, the proper course of action is to
". . .remand this matter to the trial court for resolution of
the factual issues presented in accordance with Article 11.07,
§ 3(d) of the [Texas] Code of Criminal Procedure."
Ex parte Patterson, No. 72,866,993 S.W.2d 114,115 (Tex. Crim. App. -05/26/1999)
(Holland, J., delivering the unanimous opinion of the Court).
". . .In these circumstances, additional facts are
needed. As [this Honorable Court] held in Ex parte
Rodriguez, 334 S.W.2d 294, 294 (Tex. Crim. App. 1960),
the trial court is the appropriate forum for findings of fact."
Ex parte Hinojosa, WR-82,619-01 & WR-82,619-02 [ORDER @ p. 3] (Tex. Crim.
For some definitions of the word clearly, see BLACK'S LAW DICTIONARY, Ninth
Edition (2009), West Publishing Co., Inc., St. Paul, MN @ p. 267.
-4-
App. - Per Curiam - 02/25/2015) (not designated for publication) and cases cited
therein. At the very least, this Honorable Court should ORDER the habeas court
below to
".. .conduct a live [E]videntiary [H]earing [in this case], at
which [Groves Police Department Sergeant Kevin Russell
White, Aelisa Faye Sanders and both Prosecutors — Ernest
Perry Thomas and Patrick W. (Pat) Knauth] shall be called to
testify. ..."
Ex parte Contreras,6 WR-80,635-02 [ORDER @p. 3] (Tex. Crim. App. -Per Curiam -
February 4th, 2015) (not designated for publication) and cases cited therein.
Respectfully submitted,
Philip W. "Phil" Moore, Petitioner Pro $e
m
CERTIFICATE OF SERVICE
I, Philip W. "Phil" Moore, Petitioner in the above-styled and numbered cause and
the Amicus Curiae "person" alluded to throughout pleadings filed in the case at bar,
hereby certify that the original and ten (10) true and correct copies ofthese NOTICE in
re the "Off Limits" trial Record pleading(s) have been served upon the members of
this Honorable Court by hand-delivering them as follows:
Can't get much more "current" than that!?
6 Reliefwasfinally GRANTED on February 25th, 2015 because "the truth, the whole
truth and nothing but the truth" was finally allowed to prevail///?
-5-
Hon. Abel Acosta, Clerk
Texas Court of Criminal Appeals
Supreme Court Building
201 West 14th Street, Room 106
P.O. Box 12308
Austin, Texas 78711-2308
Phone:(512)463-1551
FAX: 512/463-7061
e-mail: abel.acosta@txcourts.gov
Date: Q^Z/i/^Af ATTEST: ^^^L^P^^^
month/day/year Philip W. "PhiI" Moore, Petitioner Pro $e
I further certify that — as soon as I can get to the Post Office from the Supreme
Court Building where the Court of Criminal Appeals is located — three (3) true and
correct date-stamped "RECEIVED" copies ofthese NOTICE In re the "Off Limits"
trial Record pleadings will be served upon the below named individual(s)7 by placing
the same in the United States Mail, First Class postage pre-paid, as follows:
Debbie Folse, Deputy District Clerk
Felony Criminal Section
Jefferson County District Clerk's Office
Jefferson County Courthouse
1085 Pearl Street, Room 203
Beaumont, Texas 77701-3545
Phone: (409) 835-8580
FAX: 409/835-8527
e-mail: dfolse@co.jefferson.tx.us
Date: 6 1 fl 01<±0/f ATTEST: \^d^4a *t^<%&&&&-
mbnth/day/year Philip W. "Phil" Moore, PetitionerPro $e
.. .with one (1) copy each being intended for the records and files of the Jefferson County
District Clerk's Office, Hon. Raquel West, Judge Presiding of the 252nd Judicial District Court of
Jefferson County, Texas and the State's Attorney, Deborah Ann (Ann) Manes.
-6-
ADDENDUM
TRACKING SLIP
VERIFICATION
of Service
X
H
I
B
I
T
S
A
Ex parte Duffy^O? SW 2d 507 - Tex: Court of Criminal Appeals 1980- Google^Scholar Page 1 of 25
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