»qq,’)wz~O_§,o¢/,<:z; MR. JASON T. PEGUES #728196 HUNTSVILLE UNIT 815 12th STREET HUNTSVILLE, TEXAS 77348 JULY 15,2015 TO: THE COURT OF CRIMINAL APPEALS CLERK OF THE COURT: ABEL ACOSTA P.O. BOX 12308 CAPITOL‘STATION AUSTIN, TEXAS 78711 Re: EX parte JASON TYRQNE PEGUES V. THE STATE OF TEXAS IN REFERENCE TO CAUSE NO.94-DCR-026185 HC3 and 9é-DCR-OZ6185 HCA [wR-7A’762_03¢.lowR-74,762_0h.¢¢le-74,762-05]¢ DEAR CLERK OF THE COURT: ENCLOSED IS A COPY OF A MOTION THAT WAS_FILED IN THE TRIAL COURT IN REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBERS AND wRITS. IF YOU WILL PLEASE FILE THIS IN THE COURT 80 THAT IT MAY BE TAKEN INTO: _`4` " CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT. THANK YOU FOR YOUR TIME AND ASSISTANCE. _sPEcTFUL sUBMITTED, _,,,, /. =¢ZQ§§? __ AsoN7TYR0NB/PEGUES #72§§;6 APPLICANT= _ HE@EWED sw ©QURT oF CRWMNAL APPEALS JUL 17 2015 AB@!ACOS€B,CE@H< 1 of 1 No.94-DCR-026185 HC3 and 94-DCR-026185 HC& WR-74,762-03....WR-74,762-0h....WR-74,762-05 NOTICE TO THIS HONORABLE COURT EX PARTE Jason T. Pegues mw$m@m@¢°!mm THE FOLLOWING IS TO INFQRM THIS HONORABLE COURT THAT A MOTION HAS BEEN FILED IN THE TRIAL COURT, AND THAT THE APPLICANT HAS SENT A COPY TO THIS HONORABLE COURT. IN SUPPORT OF SUCH MOTION SEE: Ex parte PoND,als s.W.3d 94 n.13 (TEx.cRIM.APP.zola)= Best practices include filing all materials with the Trial Court before the Trial Judge has signed his Findings of Fact and made his Recommendation to this court. But an Applicant is not foreclosed from amending or supplementing his materials even after application is forwarded to this court, as long as those materials are filed in the Trial Court. E§"¥728196 CC/FILE: APPLICANT: Nq.ga-th-0251as 503 and 94-nca¢ozsias=ncq § § IN THE znorh DISTRICT counr, §§ Ex Parte § Jaaon TYRQNE PEGUES § \ - _ oF § § . § FonT BEND couNTY§ TEXAS Applicant's Notion Requesting The Court To Hold H03 and HCA For 30 Days so Applicant Can SuQQlement and Amend The Applications Comes now, Jason Tyrone ?egues #728196, Applic cant~ Pro-se, in the above styled:énd numbered cause of action respectfully file this Motion Requesting The Court To Hold 9h-DCR~026185 HC3 and HCé so the inpplicant CannSupplement Amend the Applications due to the reconsideration of 96-DCR-026185 HCB and 9&~DCR-026185'HC4 by this court based on the perjury made by attorney Cary M.Faden in his first- _affidavit that was attached to and rsference in the $tate‘s earlier response to both third and fourth writs of habeas csrpus. The applicant would also like to show this Honorable Cnnrt the following: PROCEDURAL HISTORY Applicant filed his initial application 11.07 (HCB) around §§§£g§£z* 10LZOlé and on Au§ust_ 27, _2014, the 6ourt of eriminal Appeals _-__. denied the writ without written order. On December 10, 2014, applicant ‘-.»---_..°._¢__-~~-,-.¢_._“ `fii@d a gusssq ment app11carion 11.07 cnaa)[wa-?a;vez-oa] and oh without written order, in which this court reconsidered (HCA) and on June_l§;;§l§, the Court of Criminal Appeals Dismissed HC& {WR-7h,762- r -1- d vdgg!without written order. Applicant then filed aipost-convicliop Motion For Forensic DNA Testing, and upon the State Investigating the DNA Testing Motion, on g§gg“§g¢ggl§, the State filed a Supplémental§* ;Amended Answer and Supplemental Amended Findings of Fact & Conclpsiona ’of Law, Reconsidering the applicant's applications 9AeDCR-026185NHCS and 94-DCR-026185 HC& due to the perjury and error made by attorneyL Cary M.Fsden in his first affidavit which was attached and referenced .in the State's responses to applicant's third and fourth writs, and for the Respondent contacting Judge David Newell regarding his thoughts on the applicant‘s third application. PUR?OSE OF HOTIGN 1 Due to the reconsideration of the applicant's third and fourthF writ for haheas corpus based on the State's perjury and error, the applicant is requesting that this Honorable Court hold the applicant's applications HCE and HCQ for 30 days from the date of filing this Motion so that applicant can Supplementaand §mend the applications which aere reconsidered. SQe Ex ?arte ?GND,&lB S;H.$d 9a n.lB (Tex. §§§B;§RR;ZQL§)‘ Best practices include filing all materials with the Trial\Court before the Trial Judge has signed his 'Findings of Fact and made his Recommsndation to this Court. But an Applicant is not foreclosed from amending or supplementing his materials even after Application is forwarded to this Court,as long as those materials are filed in the Trial Court. The applicant also request that the applicant be appointed to counsel based on the facts, the record, surfacing the many unresolved issues in the current proceedings of this case g§l§§. with the applicant being ?ro-se and layman of the law, there are some filings that can be filed unknown to the applicant w§ich could assist bin in these proceedings or harm him . Upon being appointed counsel;‘the applicant request that the appointed counsel do not file anythiné until the applicant and the appointed counsel have discussed all:: area’s of the proceedings, asking this Honoraole Court to order the appointed counsel to show proof that the applicant and appointed cpunsel have done as such. tastly, the applicant request anLive Evidentiary Hearing based on .; x- the credibility cf all those who have responded to the haheas_corpue (r. ¢"f :. FD b iii ¥' \"§ ) ;proceedings as well at Mesting Motioe Investigation that is currently active in this case.aattorney Cary M.Faden was very aware of what the DNA test results were because ne was the one who cross~ examined the crime lab criminalist Monica Thompson. The bottom line is that if the applicant would not have filed a Motion For Forensic DNA Testing, attorney Cary M.Faden's perjury would not have possibly ever came to light. So the question is what other lies have been told and how long have these false and slendering statements been atated. Out cf all these proceedings, the applicant only request for a New Punishment'&earing. Howvser, factually, legally, ana procedurally there are some unresolved issues that needs to be addressed and fairly adjudicateu. azalea WHEREFORE PREHISES CONS!DERED, applicant, laeon Tyrone Peguas`#728196, respectfully prays that this Honorable Court grant this Motion requesting the court to hold HC3 and HC& for 30 Days so applicant can Supplement and Amend the appl&canions, as well as appoint the applicant to counsel for the habeas proceedings and DNA Testlng .~'.r; proceeding. Baeqd on the perjury and error by the State, questions the erdibility of those representing the State who have spoken and responded in proceedings pertaining to this case §§l§§.TThe applicant prays thai this Honorable Ceurt agrees that a Live Evidentiary Hearing is reasonable and en;itled to the applicant. Over-ell the applicant prays that this Honorable Court’heve mercy and grant fhis Motion that has been presented respectfuliy to this Honorable Court. EXECUTED UN THIS lStB day of §§LX,ZOLS. Respectfully Submitted, .SGN .. m ~ HUNTSVILLE UNIT 815th 12th STREET HUNTSVILLE, TEXAS 773&8 CERTIFICATE OF SERVICE I,Jason Tgrone Pegues #72819§, The applicant, being presently confined in Walker'Couhty, Texas do hereby affirm that 1 have delivered the original of this Notion Requesting The Court To Hold HCS and 364 For 3? D¢ys ss o Apricent Can Supplement and Amend The Applications to the pri$ h mailroom ‘officials for delivery to the following via U.S.Poetal Service; THE DISTRICT CLERK, ANNIE REBECCA ELLIDTT OF FORT BEND CGUNTY ZAOth JUDICIAL DISTBICT COURT HONGRABLE JUDGE THOMAS R.CULVER,III 301 JACKSON STREET RICHNOND, TEXAS 77659 A copy of this Motion has been forwarded toe THE COURT OF CRIMINAL APPEALS P.O. Box 12308 Capitol Station Austin, Texas 78711 ’£ile: cc/file: INMATE DECLARATION I,JASGN TYRONE PEGUES #728196, Preeently inearcereted in Walker C;urty, Texas hereby declare under the penalty of perjury that the above j mentiened in my Motion Requesting The Court To Hcld 363 and HC& Hor* 30 Bag§ so Applicant Cen SuppleHentaénd Amend TBe Applications la true and correct. Signed on this §§ER day of ig&§,ZOl$. Respectful “_bmitted, 7: taxi Asot T. treats #728196 ga Applicant: HUNTSVILLE UNIT 815 12th street HUNTSVILLE, maine 773a3 -5_