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Pate, Chadrick B

Court: Court of Appeals of Texas
Date filed: 2015-06-09
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                    IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
                          WRIT NO. WR-78,165-02 CHADRICK B. PATE




Clerk of The Texas Court of
Criminal Appe als Austin, Texas
201 West 14th1 Street
Austin, Texas 78701

Nema Bardin
P O Box 772
Austin, Texas 78767
512-487-0197
bardimema@vahoo.com

Re: "Emergency Motion for Leave to File" in previously filed Original and Amended Emergency
Habeas Corpus WritNo. WR-78,165-02

Dear.Mr.. AfmM.,

Please find enclosed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc



f^mlPBarain-
 i^tiponer
POBox 772/#
Austin, Texa& 78767
512-487-0197
bardinnema@fyahoo.com
   6-1- £0/5




                                                         RECEIVED \U
                                                 COURT OF CRIMINAL APPEALS

                                                         JUN 0 9 2015

                                                     Abel Acosta, Clerk




                                                     u
  (A)


                 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

 6               WRIT NO. WR-78,165-02

  PETITIONER PRO SE
  NEMABARDIN
  P.O. BOX 772
  AUSTIN, TEXAS 78767
  512-487-0197
  bardinnemia@yahoo.com


   EX PART1E                                  FROM CAUSE NO. A-08-5080-4CR
  CHADRICK B PATE TDCJ #01563340              THE DISTRICT COURT 36TH JUDICAL
  APPLICANT REALTOR                           DISTRICT ARANSAS COUNTY, TEXAS

      VS..
  JANNA K. WHATELY TRIAL JUDGE
  STATE OIF TEXAS
   DIRECTOR OF TEXAS DEPT.
   CRIMINAX JUSTICE


                             TABLE OF CONTENTS
                      EMERGENCY MOTION FOR LEAVE TO FILE

 IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR.



                             TABLE OF CONTENTS 2 pages

                        LETTERJOCLjpaC^FTHE COURT 1page
                                 COVER SHEET 1 page

                   EMERGENCY MOTION FOR LEAVE TO FILE 4 pages

                              JURISDICTION PAGE 2


                            PROCEDURAL HISTORY PAGE 2


                       REASON TO FILE AS EMERGENCY PAGE 3

                            ADEQUATE REMEDY           PAGE 3


                                         1.
TABLE OF CONTENTS CONTINUED PAGE 2


       CONCLUSTION PAGE 4


          PRAYER PAGE 4


      PROPROSED ORDER 1 page

   CERTIFICATE OF SERVICE 2 pages

      PETITIONER'S OATH 1 page
                    IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
                         WRIT NO. WR-78,165-02 CHADRICK B. PATE




Clerk of The Texas Court of
Criminal Appeals Austin, Texas
201 West 14th1 Street
Austin, Texas 78701


P O Box 772
Austin, Texas 78767

bardinnema@,vahoo.com

Re: "Emergemcy Motion for Leave to FiTe^in previousfy lifed" Original" andAmended'Emergency
Habeas Corpus WritNo. WR-78,165-02



Please ^nd enclosed the "Emergency Motion for Leave to File" inpreviously filed Writs pursuant tc
WTC- ?& 165-G2:. Fkssc Sk this MrtAjrr rigifr awayas- it is time ssosithv.


NifoijPBardins
 4tiponer
POBox 772 ,•
Austin, Texaj> 78767
512-487-0197
bard'mnema@,vahoo.com
                 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

                WRIT NO. WR-78,165-02

  PETITIONER PROSE
  NEMABARDIN
  P.O. BOX 772
  AUSTIN, TEXAS 78767
  512-487-9197
  bardinnemia@yahoo.com


  EX PART1E                               FROM CAUSE NO. A-08-5080-4CR
  CHADRICK B PATE TDCJ#01563340           THE DISTRICT COURT36TH JUDICAL
  APPLICANT REALTOR                       DISTRICT ARANSAS COUNTY, TEXAS

        VS..
  JANNA K. WHATELY TRIAL JUDGE
  STATE OF TEXAS
  DIRECTOR OF TEXAS DEPT.
  CRIMINAL, JUSTICE



                      EMERGENCY MOTION FOR LEAVE TO FILE

 IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR




                                  COVER SHEET
            IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
                      WRIT NO. WR-78,165-02

  PETITIONER PROSE
  NEMABARDIN
  P.O. BOX 772
  AUSTIN, TEXAS 78767
  512-487-0197
  bardinnema@yahoo.com


  EX PARTE                                           FROM CAUSE NO. A-08-5080-4CR
  CHADRICK B PATE TDCJ #01563340                     THE DISTRICT COURT 36TH JUDICAL
  APPLICANT REALTOR                                  DISTRICT ARANSAS COUNTY, TEXAS

         VS..
  JANNA K. WHATELY TRIAL JUDGE
  STATE OIF TEXAS
  DIRECTOR OF TEXAS DEPT.
   CRIMINAL, JUSTICE



                        EMERGENCY MOTION FOR LEAVE TO FDLE

 IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR



 PURSUANT TO ARTICLE V. SECTION 5 OF THE TEXAS CONSTITUTION AMENDMENTS 1,
   5, 6. and 14 OF THE UNITED STATES CONSTITUTION TEXAS COMMON LAW AND
        INHERENT POWER VESTED IN THE TEXAS COURT OF CRIMINAL APPEALS


     TO THE HONORABLE JUDGE OF SAID COURT:


 WyW COBLES, Yt&uvubi Henra&tcr&ifi tmbete&i ?£ AppVireffACVrato&ft.1??^?; prtsansa iVregjity

confined at the Stiles Unit, Beaumont Texas pursuant to an illegal and void Judgment and Conviction

and respectfully submitsthis Emergency Motion Under Trap Rule 72 For Leave

To File OrigiHialWrit Of Habeas Corpus in Cause No. WR-78,165-02 And

Amended Enuergency Application For Original Writ Of Habeas Corpus.

                                             1.
 And Motion for Temporary Relief for Bail Seeking Relief from Void Final Judgment and
Conviction.




                                            JURISDICTION


The Court of Criminal Appeals has Original Jurisdiction under Article V, Section Five of the

Texas Constitution,Amendments 1, 5, 6 and 14 of the United States Constitution, Texas Common

Law, and this Courts Inherent Power. State v. Johnson, 821 S W 2d 609. 612 Tx. Crim. App. 1991,

and Exparte Young 418 SW 2d 824,827 1968.


                                       PROCEDURAL HISTORY

TheOriginal Writ of HabeasCorpusWR-78,165-02 lays out the procedural history before it's May 19*

filing into this Honorable Court. Some of that history is included herein.

The Initial Halbeas Corpus filed pursuant to the Void Judgment in Trial Court Cause No. A-08-508C

-4CR 36th Judicial District Court Aransas County, Texas and made returnable to this court pursuantto

Article 11.07 No. WR-78,165-01 received no "adjudication on the merits " by this court, and the trial

court refused the Writ without findings or holding a hearing. On Dec. 5,2014 Applicant Pate filed

into the trial court a "Motion to Vacate Void Judgment" pursuant to Article 11.07 Jurisdiction. That

court when they were asked stated that they filed the Motion but to date have not acknowledged the

motionin any way. Applicant did amendthat Motionon the 5* Day of January 2015 and asked

numerous tirmes for a decision between the the 5th day of December2014, and the 5* day of January
2J1US.


Filially dri May 18th because that court ignored the rriotidri, Petitioner filed the above rheritidried Writs

and Motions into this Court. Applicant Pate deserved a "hearing" on the merits of his Initial 11.07

Writ and on hds "Motion to Vacate Void Judgment" and was denied such hearing.

Petitionerfiled. ORIGINAL PROCEEDING in this Court WritNo. WR- 78,165-02 on May 19*, 2015

                                                2.
and then AMENDED EMERGENCY HABEAS CORPUS WRIT (with bail request) filed on

June 02,2015. Each filing was delivered by Petitioner in person to the Clerk of this Court.

Petitioner is filling Pro Se, and unschooled in the law and did not realize that it was a required

procedure that a "MOTION FOR LEAVE TO FILE" must accompany the "ORIGINAL WRIT OF

HABEAS CORPUS". Petitioner is still not sure that she has interpreted Rule 72 as a necessary

procedure but in an abundance of caution to avoid any procedural default files this " EMERGENCY

MOTION FOFJ. LEAVETO FILE" incorporating this Motion with all other Writs and or Motions

previously filcdpursuant to Writ No. WR-78,165- 02, and Trial Court Cause NO. A-08-5080-4CR,

CHADRICK IB. PATE.



                            REASON FOR FILING AS AN EMERGENCY


Because Petitioner failed to file this "Motion for Leave to File " may be the reason that the Original

Writ has not been submitted to a Justice for a determination. Petitioner requests that this Motion and

all Writs and Motions filed in this cause be submitted to a Justice on an Emergency basis and that a

determination be made expeditiously. It has been 19 days since the Original Writ was filed with no

action having been taken by this Court. While Petitioner understands that her inability to file the

paperwork properly at times in this cause has probably delayed the submission to the Justices it

makes Applicant Pates illegal incarceration no less important or illegal. Applicant Pate has been

illegally incarcerated for more than 7 years and Petitioner has offered up the proof of his illegal

incarceration, conviction and judgment by submitting the Trial Courts own Records . Any delay in

making a deteirmination on these matters only prolongs applicant's misery and allows the continuation

of the abuse ofApplicant's rights to "due process" and the right to his liberty. Petitionercontendsthat

this Honorable Court has the power to on it's own motion or by suspending certain rules can grant the

relief that Applicant deserves in a much more expedious way than the tedious and time consuming

                                              3.
requirements of each and every procedure required by the Rules ofAppellate Procedure, and specially

in light of the Trial Court and State's illegal abuse ofprocedures used to convict Applicant of a crime

he did not commit. Applicant believes that under normal circumstances that The Writ of Habeas

Corpus is and expedient process for most prisoners, but the subject of these proceedings are not normal

circumstances„ these are Extraordinary Circumstances, and deserve Extraordinary Attention and

Determinations.


                                        ADEQUATE REMEDY

This Court opiined in Smith v. Flack 728 S W 2d : "In some cases, a remedy at law may technically

exist; howeveir, it may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient,

inappropriate ETITIONER