IN THE
TEXAS COURT OF CRIMINAL APPEALS
RECEIVED IN
COURT OF CRfMINI;L APPEAL~
APR 28 2015
§
§
Ex parte § Ab~ A~osta, Clerk
§
ALAN WADE JOHNSON § WRIT No.
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§ Case No. C-213-010418-0100-776-D
§ 213th District Court
§ Tarrant County, TX
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§
MOT~O~ DIEIN!DfE[Q)
APPLICANT's EMERGENCY MOTION TO SET oATlE:
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TO THE HONORABLE JUSTICES OF OF SAID COURT:
NOW COMES, ALAN WADE JOHNSON, Applicant, Pro-se in the above
styled and numbered case, that is now before this Court, submits
his EMERGENCY MOTION TO SET ASIDE DISTRICT COURT'S ORDER TO ADOPT
on April 14, 2015. This motion is pursuant to Rule 10.3(3) Texas
Rules of Appellate Procedure, Articles 2~01 and 2.03(a)(b), Texas
Code of Criminal Procedure, Rule 13, Texas Rules of Civil Procedure,
and in support will show the Court the following:
I.
HISTORY OF PROCEEDINGS
Applicant filed his Application for Writ of Habeas Corpus
in which he cited six(6) Grounds for relief, along with his Memorandum
of Law In Support of His 11.07 Habeas Corpus Application, and
His Motion To Name Applicant by Pseudonym on March 13, 2015.
Page 1 of 5
Applicant filed his Motion To Recuse Judge Sturns on March
23, 2015.
State through it's Counsel Andrea T. Jacobs, State Bar No.
24037596, filed it's Response To Application for Writ of Habeas
Corpus on March 31, 2015.
State through it's Counsel Andrea T. Jacobs, State Bar No.
24037596, filed it's Proposed Memorandum of Findings of Fact and
Conclusions of Law, along with Order for the Court to sign on
April 2, 2015.
Applicant filed his Motion To Strike State's Response to
Application for Writ of Habeas Corpus for Rule 13, Texas Rules
of Civil Procedure on April 13, 2015.
Honorable Judge Evans, Presiding over the Eighth Judicial
Region of Texas, entered his Order Denying Motion To Recuse on
April 13, 2015.
Judge Sturns of the 213th Judicial District Court, Adopted
the State Proposed Memorandum of Finds of Fact and Conclusions
of Law and signed the State's proposed Order denying Applicant
relief on April 14, 2015.
Applicant filed his REQUEST FOR JUDICIAL NOTICE on April
17, 2015.
Applicant's Motions to Strike and Request for Judicial Notice
were not ruled upon ... Case(s) were sent to this Honorable Court
on April 17, 2015.
Page 2 of 5
II.
SUPPRESSION OF MATERIAL FACTS
BY STATE'S COUNSEL TO DENY APPLICANT DUE PROCESS
State's Counsel Jacobs, Officer of the Court was under the
statutory and constitutional provisions to see justice is done.
In this instant case, she deliberately suppressed material facts
and the law, that was favorable and material to the Applicant's
Grounds for relief for the "sole purpose" to deny Applicant's
due process and due course of law rights by:
1). Violating Articles 2.01 and 20.3(3), Texas Code of Criminal Procedure,
Rule 13, Texas Rules of Civil procedure and the Rules of Professional Conduct
(State Bar of Texas) when she falsely represented to the Court:
a). Applicant was legally released on parole for LIFE on October
8, 2012 in Case Numbers 5476, 6879 and 6880 (See State's Response, Page 4);
b). Applicant would not discharge his judgements in Case Numbers
5476, 6879 and 6880 until March 4, 2026 (See State's Response Page 8)'
When she actually knew Applicant had fully served and discharged these
said judgements in June 1996, 16-years earlier (See TEXAS CIVIL STATUTES ANN.
ARTICLE 6184L (VERNON 1970)(Repealed 1977), as she was completely aware the
statutory good time law in effect when these offenses occurred in 1975, applied
to Applicant were in fact true ...
However, State's Counsel Jacobs on behalf of the State suppressed
the law and material facts to influence the Court to Adopt her
Proposed Memorandum, Findings of Fact and Conclusions of Law;
which would deny the Applicant due process;and due course of law.
All while knowing her claims were false •••
Furthermore, she failed in her duty to correct known false
evidence when her suppression of law and material facts were revealed
in Applicant's Motion To Strike State's Response for Rule 13 violations.
Judge Sturns refused to consdder and rule on Applicant's Motion
To Strike, and made a cursory view of Applicant's pleading ..• while
Page 3 of 5
As a result of her gross misconduct as an Officer of the
Court, Applicant did not receive a fair and impartial ruling on
the merits of his Application, and Judge Sturns cursory look of
his claims added further harm ... thereby the deliberate misconduct
of State's Counsel supression of the law and material facts and
the Court's failure to recognize the misconduct, after it was
brought to the Court's attention - reveals the combined actions
asphyxiated Applicant's due process and due course of law rights,
and effectively slammed the 213th District Court's door in his
face ••• ! Had Applicant acted in such a manner, he would have
been prosecuted!
PRAYER
WHEREFORE, PREMISED CONSIDERED Applicant respectfully prays
the Court Set Aside the District Court's Order To Adopt State's
Proposed Memorandum, Findings of Fact and Conclusions of Law,
Reverse the Court denial recommendation, Report State's Counsel
Jacobs's misconduct to the Texas State Bar. Any other and further
relief to which Applicant is entitled is asked for in all things.
DATE: April 23, 2015.
Respectfully submitted,
~
Atlanta, GA
Page 4 of 5
' I
VERIFICATION
Applicant under penalty of perjury he has read the above
and foregoing pleading(APPLICANT'S EMERGENCY MOTION TO SET ASIDE
DISTRICT COURT COURT'S ORDER TO ADOPT), and that every statement
contained therein is within the personal knowledge of the Applicant,
and that which is not he believes them to be true and correct
too. This Oath is taken pursuant to Title 28 u.s.c. Section 1746,
executed this 23rd day of April, 2015.
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ALAN WADE JOHNSON, Af 1ant
CERTIFICATE OF SERVICE
A true and correct copy of the foregoing pleading above was
forwarded to the District Attorney of Tarrant County, Texas, by
placing the same in a sealed and postage pre-paid envelope addressed
to 401 West Belknap, Fort Worth, TX 76196-0201, by depositing
same at the prison mail room on this 23rd day of April, 2015.
Page 5 of 5