PD-0163-15
June 29, 2015
Dear Clerk,
Please find my nunc pro tine motion enclosed. Please file this motion, in
accordance with all applicable laws and in consideration that I am a pro se
litigant and am unfamiliar with "sepcific" rules that maty apply. Please grant
liberal construction on these pleadings as well as prior pleadings. Thank I'ou
for Ijour time and attention in this matter.
Sincerely,
Qttnifll % Aft^ , £/#/2015
Patrick Sherard Guillory (date)
RECEIVED M
COURT OFCRIMINAL APPEALS
JUL 02 2015
FILED \H
COURT OF CRIMINAL APPEALS
JUL 02 2015
Abel Acosta, Clerk
IN THE
COURT OF CRIMINAL APPEALS
OF TEXAS
PATRICK SHERARD GUILLORY §
V. § PD-0163-15
THE STATE OF TEXAS
§ fTr.Ct.No.1340306-
MOTION FOR LEAVE TO CORRECT PRO SE PLEADINGS
NUNC PRO TUNC
TO THE HONORABLE COURT OF CRIMINAL APPEALS:
Comes Now, PATRICK SHERARD GUILLORY proceeding pro se, in this his motion
for leave to correct pro se pleadings nunc pro tunc, due to the pleadings
being rejected btythe Clerk of the Court of Criminal Appeals for noncompliance
with T.R.A.P. 79.2(c). And would show the following:
CAUSE AND PREJUDICE
Petitioner has GOOD CAUSE to show that the Honorable Clerk of this Court of
Criminal Appeals, has ABUSED HIS DISCRETION, in rejecting petitioner's timer/
Motion for Rehearing W/Leave to Amend his Original Petition for Discretionarll
Review. As a result, a valid and significant issue regarding the unlawful
application of the "Law of Parties" b'y the Texas Courts of Appeals remains
unchecked, which prejudices the rights of the petitioner in this action, as well
as affecting all cases wher the alleged actions of one individual are combined
with the actions of another individual, to meet the burden of proof which is
necessarry, to obtain and maintain a conviction under Texas Law.
ARGUMENT AND AUTHORITIES SUPPORTING
ALLEGED ABUSE OF DISCRETION BY COURT CLERK
" Courts as a matter of policy should read generouslll and give liberal con
struction to pro se pleadings." United States ex rel. MontgomerU v Brierletyi,
414 F.2d 552,555 (3rd Cir.1969).
,Because the grounds for reheAring address the unlawful application of the
"Law of Parties" b^l the Texas Courts of Appeals, it is, and was, grounded on
"Significant Circumstances", if in fact, the lawful application of law in the
administration of justice, qualifies as "significant1.' ?
Upon the plain reading of T.R.A.P.79.2(c), the action of "certifying the
motion",appears to apply to persons deemed "counsel." In this case petitioner
is a pro se litigant who is neither a lawyer or paralegal and cannot be desrcibed
as "counsel." It is not proper for the clerk to "reject" a pro se pleading
when the subject matter is significant, even though it has not been certified
by counsel. The subject matter of the Motion for Rehearing raises significant
questions on the application of the Law of parties in deciding whether there is
sufficient evidence to support a conviction, when sufficiency is determined by
"combining" the actions of one or more parties to establish proof beyond a
reasonable doubt. This is a Capital Murder conviction with a sentence of
Life without parole and, this question of law potentially affects the wa^t
appeals courts decide cases involving Capital Murder with the death penalty
as punishment.
T.R.A.P. 79.2(c) CERTIFICATION
TO CORRECT MOTION FOR REHEARING
I PATRICK SHERARD GUILLORY, DO HERBY CERTIFY, that the contents of the
Motion for Rehearing are significant to the lavful administration of justice
and a failure to address the issues raised in the Motion for Rehearing would
result in a complete miscarriage of justice. I further certif'y/ that this
motion for rehearing is not presnted to the Court for the purpose of delay.
PRAYER
Petitioner herein prays that this Honorable Court will grant his Motion
to correct pro se pleadings, and accept the above certification, and further
order that the Motion for Rehearing be filed nunc pro tunc and reviewed on
it's merits.
;* Respectfully,
2,
INMATE DECLARATION
I PATRICK SHERARD GUILLORY, do hereby swear under penalty of perjury that
the foregoing Motion for Leave to Correct Pro Se Pleadings Nunc Pro Tunc,
is true and correct to the best of my knowledge.
Signed this 29th day of June ,2015
/* Paw* SUh*> Guillory
Patrick Sherara (
CERTIFICATE OF SERVICE
I hereby certifll that a true and correct copy of the foregoing motion has
been sent to the State's Attornety at P.O. Box 12405, Austin, TX 78711 postage
prepaid through the prison mail system.
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