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COUR1' Of CR\M\NAl AtlPEALS
MAR, 2 5 ~~15 1l> (;S
· . A~ Acosta, Clerk
.I. A..(Y) ·me: .Pe."TlTt\l ,J~ ti\J TMfs ~NfRove.r<.s'/. w UERE TH~ Dt-sfR1c::.:r
C..lER.K. fZhol'id~ "-v..G,h€'1 REf-V\5.£ To f'RocES.$, rue. rf'Js:fRUIYlEr-llS ~
\NA:s. ~RwARcl \o HE.~ aF=,e1 c.E. LlfE" TE.. 'kA.cs C.cat-lS{tTu Tl a('! AR.T1 ~te: c/;
~E<:..\ ~ Aw-GJ AR'\\c.\E$. l\,os J·l.o8 J ~s8ntial if the counsel is to be effective in his ro1e of advocate for
i£ cuunsel !s reputation for: vet:ac.i.ty is suspect, he will lack. the confidence of the cour<:
when ii: i.3 needead most to .se:r:ve his client.· Applice:un: contends L:hat his ~:>!counsel failed
his legal duties to :cepcesent his cas~ in a couct of law.
CLAIM 0F DEPOSITION OF DENNIS PATMAN JONES
1
Appellant was not fully informed of his legal rights when he was interr
-ogated by the Forney Police Department. In which he did stta.te that he was
present at the scene of the crime. There was no evidence sh6~ing thai the
appellant engaged in an affirmative act of committing the alleged robbery
or hinding the apprehension of John Mitchell. The complaint written by
officer Shane Prewitt did not al.lege that the appellant robbed anyone.
The trial court lack jurisdiction over the subject~matter. Officer Shane
Prewitt, complaint was based upon an unfounded theory of the States pro-
secutor, and the appellant's presence at the scene of the crime did not
include a culpable menti'll state or states of the offense.
·Appellant request the deposition of written question's of his trial attorn
-ey Dennis Patman Jones and John Mitchell to show that the trial. court did
not have jurisdiction over the appellant or over the case at bar.
4.
v.
RELIEF REQUESTED
In this writ of habeas cor.;.pus, appellant seeks to resolve the dispute·
of a legal question of law in cause no. 28736-86 (Trial)), which trans1
pired during his pretrail and jury trial proceedings. Appellant request
a written deposition from his trial attDrney Dennis Patman Jones to reJolv
the disputed legal questions of law as the questions are a result of hJs
professional judg~ent and reasonableness. I
VI.
UNSWORN D.EI:: LARATION
I, Kevin Menniefee, #1727174, am presently incarcerated in the ~~B~ Ellis
Unit, in Walker County, Texas. I declare under penalty of perjury that the
facts stated in this document are true and correct.
EXECUTED ON FEBRUARY 24,2015.
/S/1\~-~
Kevln Sharon~
$1727174 PRO-SE
VII.
CERTIFICATION OF SERVICE
I,Ke~in Menniefee, #1727174, certify that I sent a copy of his "Appli-
cation for a writ of habeas corpus purstlant to the Texas Code of Criminal
Procedure, articl~s 11.01; 11.02; 1~.04; 11.05; 11 .. 08; 11.23; 11.42; and
11.43, through the U.S. Postal Serv&ce, to
Rhonda Hughey
District Clerk
County Courthouse
100 W. Mulberry
Kaufman, Texas 75142
RES~~. SUBM~TTED .
5. Kevin Menniefee,
O.B. Ellis Unit
~
C. C.. FILED 1697 FM 980
Huntsville, Texas 77340
FebrHn.ry ,.2.015
Kevin Sharone Menniefee
TDCJ"-ID NO. 1727174
O.B. Ellis ur.it
1697 FM 980
Huntsville, '!.'exa.s 77340
'Ihe Honorable Presiding Judge
The Distcict Court
County Cou:cthouse
100 w. Mulbercy
Kaufman, Texas 75142
J
RE; Ke.vin S. J.Vienniefee VS. 'I'he State of '.I'exo.s
'J:r. ial Cour.'t No ..,#28736-86 Count 1
REQuEST E'OR LiliAL REPRE.SENTAIIOl-J
,,
Your Honor,
I, Kevin 1-lenniefee, the uud::csi9ned, her;:by ce:ctify under penalty cf perjury tf1at the
followif19 facts at'e true and cor·rect to the best o:C my abl.lity.
l. I dill the appellant ln the above - named matt.er.' and desire the assistance of counsel in
this proceedings.
2. App2llant repr,es.:nt to the cou:ct. that his request:. for.· de:position by written question(s)
a.::·e es.sential to the incet·est oi justice in this cd..se, ar1d failure to consicec appclla;rt; s
l..~equest will re.:;ult in a substantial mlscC:t:t:Tiage of justice~
3. Appellant represent to the court th.:J.t it i.s beneficial for the court to appoint an
private investigator to obtain the facts in support of the deposition.
4. Appellant represent to the court that the is.suGs raised in his writ of habeas corpus
will detemtine the trial coucts jurisdiction and the subn}ec:t-matte:c that the :1ppellant
believes are meritorious.
5. J.l.ppellanl: repr:esent to the couct th~at w·ithcut the courts rendition of judgmentt appe·~
l~ant will suffe:c o. :.:..·emedy a-c law and- access· to the court's.
6. Appella:nt represent to the c:ou1·t that i1e is witilouc mo11ey or means witil which to employ
an attorney, .::..nd S;) he is unable financially to retain co . msel [oc hiii1self.
'I'het-efcre, Appellant pr·ay that the cou:t:'t p:.:..-ovide counsel in his behalf.
CAUSE NO.
KEVIN 3HARONE
/
.l\'iENNIBFEE IN THE DISTRICT COURT
\\
vs. o6ti1 JUDICIAL DISTHIC'l'
DENNIS FA'.i'f·1AN .:.iON83 § KAUFMAl\l COUNTY, 'l'EXAS
KEVIN S. MENNIEFEE;S NOTICE OF DEPOSITION BY WRITTEN QUESTIONrs)
TO: Dennis Patman Jones
Attorney at Law
201 W. tv:ulber:cy
Kaufmant, Texas 75142
·: 972 ) 962-8800
~972) 962-3733
State B~r No. 10369880
1. Please take notice that, undc:.:- Texas Code of Criminal P:cocedur:e, A:t:ticlGs §§ 39.02;
39.03; 39.04; at'.d 39 .04, the fcrrnalities arG gov·e:r·ri by th·c 'I'exas F~ule c~ Cilzil Procedure
200.4; Kevin l",enniefee, ;.,ill take the d:aposi tion by wri tt:an que::rtim:. 's of Dennis f'.=i;::nan
Jones, on
~---------
at
-----~-
at the county courthouse, 100 v;. 11ulber-ry, Kauima;,,
'l'cxas 751:42.
2. 'The dcpositicra -lrlill co:ntir1ue ·from day ·to da), u11til ccnpleted~
3. 'l'hc C.epo.si ~ion ~o.·ill be taken by the Distirct Judge, at thG cour:.ty courthouse:, i:1
Kaufman, Texas.
CERTIFICA~'E OF SERVICE
This is to certify.thai: on the file Jate a i:cue and <.:otTect copy of the aoove and
fo:cagoing document was set·ved on the District cle:ck Rhonda hughey, county cou:cthouse,
100 w. 11ulbe:ct:y, Kauntan, 'rexas 75142.
;sF~~-~
Kev·in s. 1\ienn.:t:efee #..L727174
Appeacing P;t:o-Se
o.s. Ellis Unit
169'7 FM 980
C.C. FiLED Huntsville, 'I'exas 7'7340
CAUSE NO.
KEVIN SHARONE MENNIEFEE § IN THE DISTRICT COURT
vs. § 86th JUDICIAL DISTRICT
../ ~ ' ..J •
DENNIS PATMAN JONES § KACFi''L\::'l COUNTY, TEXAS
DEOP
DEPOS::i.'I'ION BY WRITTEN QUESTION(S)
1..· Please state you:c full name, occupc.ti0n, and official title.
ANSWEH:
2. A1·e you ti1e .::ustoaian of rEcords fo.c the titl~ cause no. Kevin !1enniefee vs Th2 State
of Texas 28/36-86 1
ANSwER:
3. What v:ere the charges against Kevin Mennief~e ?
ANSWER:
4. Did you represent Kevin Mermiefee in a jur-y trial on Ncvemb•?.::- l5,20J.D thu:c November 18
2010i in cause no. 28736-86 ?
.....,
Did :cep:cesent Kevin M·znniefee .u. both chc.rges ?
ANSWEf!~
6. ~\'Thy did Keuill'n r'iE.:rmiefee have separate trial 1 s onrl:t.hE!S·e two charges ?
7. At lvhat f.'Oint did the State of Texas amended Kevin Menniefee 1 s inai::::trnent to add
another: ..::r:iminal charge ? Plec.se give the C:ute.
l.
ANSWER~
8. Did you file a !LiOtion to "ELEC~" on your cli·ctme
episode.· ") Dces the misjoinder occur and constitute· fundamental (:!rror· ?
ANSvmR:
12. Mr. Jon.:~s, in you!:" professional opinion should a motion to dismiss::·: the indictment
been filed ?
ANSWER:
13. Was there a motion in limine filed in your client Menniefee;s behalf ?
AN"SWER~
14.• JVJr. Jones, m.o you object to your client fvlenniefee' s amended indictment ?
If so, give a date '?
ANSWER:
15. tVJr. Jones, in your professional opinion, were the charges separate and distinct
offenss:s ? 1
ANSWEi:Z:
16. Mr. Jones, in your professionai ·opinion, ·was your client fvlenniefee in formed of
the nature and cause cf the accusation agains·i: him ?
ANSWER:
17. i"lr. Jones, did the comp.La~nt a.L.Lege that your client r1enniefee engaged in an
affinnative act that: promoted the canmisaion of either- of the two offense's that he
has been convicted of ':
ANSWER~
18. Mr. Jones, did the grana Jury assest whether there was probable cause to believe
that your client i•ienniefee committed both these charges ?
ANSWER:
19. ivl:c. Jones, did you make any objections to the complaint or the indictment before
the date the trial coirunenced ?
20. Mr. J·ones, in your professional opinion, is your .;lient fvJenniefee guilty of the
charges that he mas been charged with ?
3
CAUSE NO.
IN RE KEVIN SHARONE-MENNIEFEE, § IN THE DISTRICT COURT
• ·} t
Petitioner. ·· §
§ OF KAUFMAN COUNTY, TEXAS
§
§ 86th JUDICIAL DISTRICT
NOTICE TO DEPONENT OF HEARING ON
PETITIONER KEVIN MENNIEFEE'S PETITION TO INVESTIGATE CLAIM
TO: Dennis Patman Jones, 201 w. l\1ulberry, Kaufman, Texas 75142.
Petitioner, Kevin Menniefee, has filed the attached petition asking the court for per-
mission to take your deposition on written questions to investigate a potential claim
by petitioner, and the court will consider the motion on this
AT this time ---------------------------
RESPECTFULLY SUBMITTED
CERTIFICATION OF SERVICE
I, Kevin Menniefee, #1727174, certiff that I sent a copy of his Verified petition to
take deposition to investigate potential claim, through U.S. Postal service, to the depose
Dennis Patman Jones, .201 W. Mulberry, Kaurnan, Texas 75142. Phone no. (962) 962-8800
on February ;2_\..( , 2015.
/S/
~K~e~v~i~n~S~h-a_r_o_n_e~M~e~n-n~i-e~~~~~~~
O.B. Ellis
1697 FM 980
C. C. FILED Huntsville, TeXflS 77340
Appearing Pro-~~-
CAUSE NO.
KEVIN~'SHARONE MENNIEFEE 1 § IN THE DISTRICT COURT
vs. § 86th JUDICIAL DISTRICT
DENNIS PATMAN JONES, § KAUFMAN COUNTY, TEXAS
PETITIONER KEVIN MENNIEFEE'S VERIFIED
PETITION TO TAKE DEPOSITION TO INVESTIGATE POTENTIAL CLAIM
Petitioner, Kevin Menniefee, asks the court for permission to take a deposition on
writen questions of Dennis Parman Jones, to investigate a potential claim by petitioner
as allowed by Texas Rule of Civil Procedure 202.
1. Petitioner, Kevin Menniefee, is a State prisoner confined to the Texas Department of
Criminal Justice, at the O.B. Ellis Unit, in Walker County, Texas.
FACTS
2. Dennis Patman Jones, is the trial attorney that repersented the petitioner in his
jury trial, in the 86th Judicial District Court, Kaufman County, Texas.
3. Petitioner, seeks to depose Dennis Jones to investigate a potential claim by petitioner
arising out of Mr.Jones representation during petitioner's pre-trial proceedings and jury
trial from Novemeber 1,2010 through November 18,2010.
4. This petition is filed in the 86th Judicial District Court, Kaufman County, Texas,
where Dennis Jones practice law as an attorney. s-~e Tex.R.Civ.P. 202.2(b)(2).
REQUEST TO DEPOSE
5. Petitioner, asks the court to issue an order authroizing him to depose Dennis Jones,
who resides at 201 w. Mulberry, Kaufman, Texas 75142, and whose telephone number is
(972) 962-8800; 1972) 962-3733. State Bar no. 10869880.
l.
6. Petitioner expects to elicit the following testimony from Dennis Jones, what was his
trial strategy when he did not allow the accomplice witness John Michell to testify in
the petitioner's behalf, and his involvement in robbing the victim? Why, din't Mr.jones
interview John Mitchell before trial to obtain an affidavit ? And "WHY" didn't Mr.Jones,
interview any of the State's witnesses and obtaim an affidavit from them ~s· to the wit-
nesses facts as to what they saw ?
7. Petitioner needs to depose Dennis Jones because he d~d not investigate the facts and
petitioner's innocence that was clearly presented at his jury trail.
HEARING
8. After service of the petition and notice, Rule 202.3(a) requires the court to hold
a hearing on the petition.
9. At the hearing, the petitioner will show that the likely benefits of allowing the dep
-osition to investigate a potential claim outweighs the burden or expense of the procedur
see Texas Rule of Civil Procedure 202.4(a).
PRAYER
10. For these reasons, petitioner asks the court to set this petition for hearing and,
after the hearing, order··the deposition of Oennis Patman Jones.
RESPECTFULLY SUBMITTED
pro-se
2.
VERIFICATION
STATE OF TEXAS §
COUNTY OF WAL~ER §
Before me, the undersigned notary, on this day, personally appeared Kevin Menniefee,
a person whose identity is known to me. After I administered an oath to him, upon his oath,
he said he read the "Verified petition to take deposition to investigate potential claim"
AND that the facts stated in it are within his personal knowledge and are true and correct.
,Kevin Sharone Me efee 31727174
Appearing Pro-Se.
UNSWORN DECLARATION
I, Kevin Menniefee, 1727174, am presently incarcerated in the O.B. Ellis Unit, in
Walker County, Texas. I declare under penalty of perjury that the facts stinted in this
document are true and correct.
EXECUTED ON February 24,2015.
/S/ ~ ~.(-----
. Kevin Menniefee #1~4 pro-se
CERTIFICATION OF SERVICE
I, Kevin Menniefee, #1727174, certify that I sent a copy of his Verified petition to
take deposition to investigate potential claim, through U.S. Postal service, to the depose
Dennis Patman Jones, 201 W. Mulberry, Kaufman, Texas 75142. Ph~ne no.(962) 962-8800
on February !t:{ , 2015.
/S/Kef.fs-:::one Mennf5:it;;;;
0. B. Ellis Unit
1697 FM 980
C.C. FILE Huntsville, Texas 77340
Appearing Pro-S~--
3.