Badall, Chrisondath

CHRISONDATH BADALL

T.D.C.J. NO. #1329319
2400 WALLACE PACK RD.

NAVASOTA, TEXAS, 77868

TEXAS COURT OF CRIMINAL APPEALS (CLERK)
P.O. BOX 12308

AUSTIN, TEXAS, 78711
1VED Si
OTfCC OP CRIMINAL APPI
OCT 23 2Q15
RE: CAUSE NO. WR-78,218-01

Dear Hon. Clerk; (Greetings)

Please find enclosed, the original and (2) copies of Applicant's
Suggestion For Reconsideration on the Court's Own Motion to be
filed for review.
Sincerely Thankful;

OL^jjjL \**juul~

This document contains some
pages that are of poor quality
at the time ofimaging.
 TEXAS COURT
IN

OF
THE

CRIMINAL APPEALS
^%-°l
AUSTIN, TEXAS

EX PARTE, ' §

BADALL, CHRISONDATH § CAUSE NO. WR-78,218-01

(Applicant) §

APPLICANT'S SUGGESTION FOR RECONSIDERATION

OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,

PURSUANT TO C.C.P. ART. 11.07/ ON THE COURT'S OWN MOTION

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se

in the above styled and numbered cause, respectfully makes his

suggestion for reconsideration of the Court's DISMISSAL of

Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.

11.07, on the Court's own motion. In support thereof, Applicant,

hereinafter referred to as, "BADALL," would show the Court the

following:

I.

Applicant's request for this Court's reconsideration of its

DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on

its own motion is authorized by T.R.A.P. Rule 79.2(d).

1.
 II.

Applicant believes the Court's reconsideration of its DISMISSAL
of Applicant's Application for Writ of Habeas Corpus (11.07)
is required in the interest of justice for the following reason:

THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL

APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT

OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS

RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,

ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL

PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &j2.

RELEVANT FACTS

The record reveals that on August 13, 2012, the Court of

Criminal Appeals received Mr. Badall's Application for Writ of

Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED

the Application for non-compliance on August 22, 2012. See:

(WR-78,218-01)

At no time prior to the Court's dismissal of Badall's Application
was he notified by either, the Clerk of the convicting Court
or the Clerk of the Court of Criminal Appeals of any defect(s)

within the Application, as required by T.R.A.P. Rule 73.2, nor

was Mr. Badall, or the convicting Court notified of the Court's

dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)

Due to reason, the convicting court was not advised of the

dismissal of Badall's Application for Writ of Habeas Corpus,

and believed it was still active, the convicting court conducted

2.
a "LIVE" evidentiary hearing on June 11, 2013, pursuant to

V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial

District Court of Liberty, County, Texas), in addition, appointed

Mr. Badall an attorney specifically for the evidentiary hearing

process. See: (WR-78,218-01)

After the evidentiary hearing was conducted, counsel for the

state and counsel for Mr. Badall submitted their Proposed Findings

of Fact and Conclusions of Law for the trial Judge's consideration.

On September 23, 2013, the Court of Criminal Appeals received

the Supplemental Clerk's Record from the convicting court, which

included the record of the evidentiary hearing and the Findings

of Fact and Conclusions of Law rendered by the trial judge.

On February 24, 2015, Mr. Badall sent a letter to the Court

of Criminal Appeals requesting a status report on his pending

Application for writ of habeas corpus. After no response, Mr.

Badall sent another letter to the Court of Criminal Appeals,

along with a letter to his appointed attorney, requesting a

status report. See: (EXHIBIT-B)

On March 27, 2015, Mr. Badall's appointed attorney responded

by informing Badall that his Application for Writ of Habeas Corpus

was DISMISSED for NON-COMPLIANCE almost (2) years prior to his

status report request, on August 22, 2012. See: (EXHIBIT-B)

Mr. Badall, although still not knowing the reason(s) for the

dismissal of his Application, immediately prepared and submitted

another Application for Writ of Habeas Corpus, pursuant to

3.
V.A.C.C.P. art. 11.07.

On June 19, 2015, Mr. Badall's Application for Writ of Habeas

Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.

Rule 73.2. See: (EXHIBIT-C)

As before, Mr. Badall was not notified by either the Clerk

of the convicting Court, or the Clerk of the Court of Criminal

Appeals regarding what defects, if any, needed corrected for

compliance with Rule 73. See: (EXHIBIT-A)

ARGUMENT AND AUTHORITIES

An application filed under Article 11.07, Texas Code of Criminal

Procedure, must be filed on the prescribed 11.07 form application.

See: EX PARTE BLACKLOCK, 191 S.W.3d 718, 719 (Tex.Crim.App. 2006)

(citing T.R.A.P. Rule 73.1(a)).

Pursuant to T.R.A.P. Rule 73.1(c), the person making the

application must provide all information required by the form.

The application must specify all grounds for relief, and must

set forth in SUMMARY :fashion the FACTS supporting each ground.

The application must not cite cases or other law. Legal citations

and arguments may be made in a separate memorandum. The application

must be typewritten or handwritten legibly.

As the record reveals, Mr. Badall sufficiently complied to

each and every requirement set forth in Rule 73.1(a) through

(d), in-BOTH applications submitted by Badall. See:.(WR-78^218-01).
 Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting

court will not file an application that is not on the form prescribed

by the Court of Criminal Appeals, and will RETURN THE APPLICATION

TO THE PERSON WHO FILED IT, with a copy of the original form.

The Clerk of the Court of Criminal Appeals may, without filing

an application that does not comply with this rule, return it

to the Clerk of the convicting court, with a notation of the

defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE

APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official

form.

As stated previously, Mr. Badall was never notified by either

Court Clerk that his application had been dismissed on August

22, 2012, nor was informed for what reason(s) it was dismissed,

until he requested a status report on February 24, 2015, and

March 13, 2015, etc. See: (EXHIBIT-A, B)

A question has to be raised as to, if Mr. Badall or the trial

judge knew the Application was dismissed on August 22, 2012,

why then would the trial judge conduct a "live" evidentiary hearing

and enter his Findings of Fact and Conclusions of Law on the

same Application on June 11, 2013?

Also, another question must be raised, if the Clerk of the

convicting Court fulfilled her duties mandated by art. 11.07,

§3(b), and forwarded Badall's Application to the District Attorney,

etc., then how did the Court of Criminal Appeals DISMISS Badall's

Application BEFORE any Findings of Fact and Conclusions of Law

were provided to them pursuant to art. 11.07, §3(d)?

5.
 Mr. Badall asserts that the record clearly reveals that his

Application filed on April 18, 2012, and/or the Application

dismissed on June 19, 2015, were in compliance with T.R.A.P.

Rule 73.1(a)-(d), whereas, the information provided on the application

were typewritten, the FACTS were in summary form, and the applications

and memorandums were within the required page limitation. See:

(WR-78,218-01)

Article I, §12 of the Texas Constitution states: "The writ

of habeas corpus is a writ of right and shall never be suspended."

See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App.

2008)(The legislature shall enact laws to render the remedy

speedy and effectual) .

Similarly, article 1.08, Texas Code of Criminal Procedure,

provides that "the writ of habeas corpus is a writ.of right and

shall never be suspended."

In addition, the Court of Criminal Appeals, the District

Courts, the County Courts, or any Judge of said Courts, have

power to issue the writ of habeas corpus; and it is their duty,

UPON PROPER MOTION, to grant the writ under the rules prescribed

by law. See: TEX.CODE CRIM.PROC. ART. 11.05.

By the Court(s) DISMISSAL of Badall's application(s) for

writ of habeas corpus,.such unreasonable action has placed an

unnecessary burden, delay, and expense on Mr. Badall from having

to reproduce copies of exhibits and refiling the application

and memorandum, etc.

6.
 PRAYER

For the above and foregoing reasons, Mr. Badall asks this
Court to reconsider its dismissal of his Application(s) for
Writ of Habeas Corpus on the court's own motion, and reinstate
Mr. Badall's Application/memorandum for review of its merits.
Executed on this \|PVV day of OcAVspg-vT 2015.

:„.^jJi ftgjjp.
CHRISONDATH BADALL

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury
pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that
the facts stated herein my request for the Court's reconsideration

of its dismissal of my application for writ of habeas corpus,

on the court's own motion, is true and correct.

Executed on this "\ U V day of Oc.-W)\\e.>f / 2015.

CHRISONDATH BADALL

CERTIFICATE OF SERVICE

I, CHRISONDATH BADALL, do certify that a true and correct

copy of this document was served on Respondent by U.S. Mail,
postage prepaid, addressed to: »,.

Liberty County, Texas, District Attorney XfeLdtvy^Lf. BsarkJ^
CHRISONDATH BADALL
-1923 Sam Houston St.
T.D.C.J. NO. #1329319

Liberty, Texas, 77575 ?400 war.r.flCF. pack rd„
NAVASOTA, TX. 77868
r vv\\ &\t
 VOLUNTARY AFFIDAVIT

I, CHRISONDATH BADALL, being of sound mind, and over the age of
(18) years old, make this declaration from personal knowledge,
and under the penalty of perjury:

I filed my first Application for Writ of Habeas Corpus pursuant
to C.C.P. art. 11.07, on April 18, 2012. On June 11, 2013, the
trial judge of the 75th Judicial District Court of Liberty County,
Texas, appointed me an attorney and held an evidentiary hearing
pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01.

At no time prior to this evidentiary hearing was I informed
that my application for writ of habeas corpus had been DISMISSED
for NON-COMPLIANCE on August 22, 2012. I did not learn of this
fact until after requesting a status report from my appointed
attorney, on March 27, 2015. See: (EXHIBIT-B)

I immediately refiled my application for writ of habeas corpus,
but it was, AGAIN, dismissed for non-compliance on June 19, 2015,
unbeknownth to me until obtaining another status report by way
of the inter-net. See: (EXHIBIT-C)

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury
that the facts stated herein my Voluntary Affidavit is true and
correct.

Executed on this \U day of DcA-PV^esT / 2015.

:.j?jl p^./iii
CHRISONDATH BADALL

T.D.C.J. NO.#1329319

2400 Wallace pack rd.

navasota, texas, 77868
 Stephen C. Taylor
Attorney at Law

P.O. Box 293
Conroe, Texas 77305
Voice Mail (800) 223-8308
Fax (936) 539-1079
e-mail: sctaylorl@peoplepc.com

March 27, 2015

Chrisondath Badall
TDC# 1329319
Pack One Unit
2400 Wallace Pack Rd.
Navasota, Texas 77868

Re: Writ No. WR-78,218-01; Liberty County

Mr. Badall:

Records from the Court of Criminal Appeals (CCA) reflect:

On 8-13-12 the CCA received an Application for Writ of
Habeas Corpus from you; assigned caset WR-78,218-01.

On 8-22-12 the CCA DISMISSED your Application for Writ
of Habeas Corpus for NON-COMPLIANCE.

On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
RECORD from the Liberty County District Clerk's Office,
which included the record from our hearinqs, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed
the SUPPLEMENTAL CLERK'S RECORD, but took no action because
case # WR-78,218-01 had been previously DISMISSED for
NON-COMPLIANCE.

On 2-24-15 and 3-13-15 you corresponded with the CCA
requesting a status update. On both occasions the CCA
advised you that case # WR-78,218-01 had been previously
DISMISSED for NON-COMPLIANCE.

ink you,

Stephen C. Tay]
SHARONKELLER rirtIm„ _„ /-(_„ __-T . _ * rm^ i v ci ABELACOSTA
presiding judge Court o f Criminal appeals clerk
(512)463-1551
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E. MEYERS A , ,QTnj XRY A C 78T1 1
CHERYL JOHNSON AUb I IN, 1fcXAS 78711 SIAN SCHILHAB
MIKE KEASLER
BARBARA P. HERVEY GB^SK^S2?EL
(512)463-1597
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
JUDGES

April 01, 2015

Chrisondath Badall
320 S. Chestnut St.
Lufkin, TX 75901

Re: Badall, Chrisondath
CCA No. WR-78,218-01
Trial Court Case No. CR24834-A

Your letter has been received. Please be advised:

IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
WRITING.

• To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at
PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
aliases, TDCJ number, date of conviction, county of conviction, appeal numberand complete
mailing address.
• Your records will not be returned to you because once records are received in the Court they
become the permanent records of this Court.
@ Your application for writ of habeas corpus has been received on Monday, August 13,
2012. The status is: DISMISSED - NON COMPLIANT on August 22, 2012.
Specifically, facts not set out on the prescribed form.
• Neither the Judges nor the staff of the Court can give legal advice. We recommend you
contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
Division.
Sincerely,

Abel Acosta. Clerk

Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
Court of Criminal Appeals Docket Sheet
Case Number WR-78,218-01
Date Filed: 08/13/2012

Style: Badall, Chrisondath

Original Proceeding: No

Case Description: 11.07HC

Punishment: 55 YRS BondAmount: In Jail: False

Tnal Court Information
County CourtName Case # Judge Court Reporter

Liberty 75th District Court CR24834-A
COA Information

COA Case Number Published Cite COAJudge Disposition Code

09-05-00498-CR

Events and Opinions

Event Date Stage Event Event Disposition Grouping Order Subrrus
Description Type sion

! i
03/13/2015 HABEAS iSTATUS 1PROSE iNONCOMP/R i
CORPUS REC j JETD
-1107-HC [ _ _.„L-e„™ 1

102/24/2015 THABEAS \STATUS jPROSE " rNONCOMP/R ! i
I \
CORPUS RECj 'ETD
; -1107-HC j J
09/23/2013 HABEAS " jSUPP/CLERK {WRIT
'CORPUS REC;RECORD
,- 1107-HC )__ __ _ [_- ._
NONCOMP/R ! . NONCOM
08/22/2012 ^HABEAS ACTION ;WRIT
CORPUS REC TAKEN ETD P/RETD
•; S73.1
! :-1107-HC !
08/15/2012 (HABEAS iWRfT iWRIT
CORPUS REC "SUBMITTED j
j-1107-HC j \_ _
''.08/13/2012 [HABEAS jWRrr 'WRIT
' CORPUS REC i RECEIVED
i-1107-HC

Renort Preoared on: 3/13/2015 2:33:47 PM 1 of 1
 Texas Judicial
BRANCH

; MENU j
Home
Courts "

Rules & Forms"
Organizations ^
Publications & Training"
Programs & Services "
Judicial Data -'•-•'

eFile Texas
Media

CASE: WR-78,218-01
DATE FILED: 08/13/2012

CASE TYPE: 11.07 HC

BADALL. CHRISONDATH

APPELLATE BRIEFS

DATE EVENT TYPE DESCRIPTION DOCUMENT

NO BRIEFS.

CASE EVENTS

http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015
DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT^^^
LETTER
DISMISSED - NON-
STATUS (INMATE
03/13/2015 PROSE COMPLIANCE [ PDF/57 KB I
CORRES)

LETTER

I PDF/35 KB 1
STATUS (INMATE \ DISMISSED - NON-
02/24/2015 ; PROSE i COMPLIANCE NOTICE
= CORRES)
[ PDF/102 KB ]

APPLICATION FOR
SUPP/CLERK
09/23/2013
WRIT OF HABEAS
RECORD CORPUS-11.07

APPLICATION FOR
DISMISSED - NON
08/22/2012 ACTION TAKEN WRIT OF HABEAS I COMPLIANCE
CORPUS-11.07

APPLICATION FOR
08/13/2012 WRIT RECEIVED WRIT OF HABEAS
CORPUS -11.07

CALENDARS

CALENDAR TYPE REASON SET
SET DATE

STORED WRIT STORED
08/22/2012

PARTIES

PARTYTYPE REPRESENTATIVE
PARTY
APPLICANT (WRITSJ/APPELLANTS
BADALL. CHRISONDATH (CASES)

COURT OF APPEALS INFORMATION:

09-05-00498-CR
COA CASE NUMBER

COA DISPOSITION:

OPINION CITE:

COURT OF APPEALS DISTRICT: 9TH COURT OF APPEALS

TRIAL COURT INFORMATION

75TH DISTRICT COURT
COURT:

LIBERTY
COUNTY:

COURT JUDGE:

CR24834-A
COURT CASE:

http://ww.search.txcourts.gov/Case.aspx?cn=WR-785218-01&coa-coscca 3/27/2015
£b . - i #1*4"*,, ---"., V),/ % -- *>, t^Vr %WiW'>>*^^

MfiH Case Page History/Calendarin HiDdcket TrahsactibiiisI :Motesj

Case No CR24834-A Hie No CR24834-A

(Sea ~ Date Description
Vol Page
Name
C 87222013 AFFIDAVIT OF JOSEPH L. LANZA/SB ~ I 4

— r I-*

C 89132813 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB I 11

C 89132813 DOCKET SHEET/SB I 1

C 09182813 PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB- I 202

C 89182813 DOCKET SHEET/SB V„« *' 2

C 89182813 COVER~LETTER TO COO/SB"* ' "";\"-
C 86192815*- PER-'COA'THIS 'CASE^UAS- DISMISSED- FOR-''
NON -COMPLIANCE/fMU4Jr>

Additional information \s

Sequence ] Parry Name Date

OK I Prior I Imaging j Save Parties View Money Locate Exit Help &
 Case No.
(The Clerk of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: CHRISONDATH BADALL

DATE OF BIRTH:
PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.C.J.

TDCJ-C1D NUMBER: 1329319 SID NUMBER:

(1) This application concerns (check all that apply):

H a conviction a parole

H a sentence • mandatory supervision

d time credit B out-of-time appeal or petition for
discretionary review

(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)

75th JUDICIAL DISTRICT, LIBERTY COUNTY/ TEXAS

(3) What was the case number in the trial court?

CAUSE NO. 24,834

(4) What was the name of the trial judge?
HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)

Revised: September 1, 2011 ATC-11.07
(5) Were you represented by counsel? If yes, provide the attorney's name:

RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal

(6) What was the date that the judgment was entered?

SETEMBER 9, 2005

(7) For what offense were you convicted and what was the sentence?
MURDER (55) YEARS IMPRISONMENT

(8) If you were sentenced on more than one count of an indictment in the same court at
the same time, what counts were you convicted of and what was the sentence in each
count?

N/A

(9) What was the plea you entered? (Check one.)

d guilty-open plea • guilty-plea bargain
S not guilty • nolo contendere!no contest

If you entered different pleas to counts in a multi-count indictment, please explain:

N/A

(10) What kind of trial did you have?

• no jury 8 jury for guilt and punishment

a jury for guilt, judge for punishment

(11) Did you testify at trial? If yes, at what phase of the trial did you testify?

GUILT/INNOCENCE and PUNISHMENT

(12) Did you appeal from the judgment of conviction?

K yes • no

Revised: September 1, 2011 ATC-11.07
 If you did appeal, answer the following questions:

(A) What court of appeals did you appeal to? NINTH district of TEXAS

(B) What was the case number? 09-05-00498-CR

(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
JOSEPH L. LANZA

(D) What was the decision and the date ofthe decision? AFFIRMED/1-31-07
(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

S yes • no

If you did file a petition for discretionary review, answer the following questions:

(A) What was the case number? pd-0552-07

(B) What was the decision and the date of the decision? DISMISSED/6-20-07

(14) Have you previously filed an application for a writ of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedure challenging this conviction!

d yes s no

If you answered yes, answer the following questions:

(A) What was the Court of Criminal Appeals' writ number? N/A

(B) What was the decision and the date of the decision? N'A
(C) Please identify the reason that the current claims were not presented and
could not have been presented on your previous application.
N/A

Revised: September L 2011 ATC-11.07
(15) Do you currently have any petition or appeal pending in any otherstate or federal
court?

d yes h no

If you answered yes, please provide the nameof the court and the case number:
N/A

(16) If you are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to the time credit resolution
system oftheTexas Department ofCriminalJustice? (This requirement applies to
any final felony conviction, including state jail felonies)

a yes • no N/A

If you answered yes, answer the following questions:

(A) What date did you present the claim? N/A
(B) Did you receive a decision and, if yes, what was the date of the decision?
N/A

If you answered no, please explain whyyou have not submitted your claim:
N/A

(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then brieflysummarize the facts supportingeach
ground. You must present each ground on the form application and a brief
summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen
presented on theform application, the Court willnot consider yourgrounds.

Revised: September 1,2011 ATC-11.07
 If you have more than four grounds, use page 10 ofthe form, which you may copy
as many times as needed to give you a separate page for each ground, with each
ground numbered in sequence.

You may attach a memorandum of law to the form application if you want to
present legal authorities, but the Court will not consider grounds for relief in a
memorandum of law that were not stated on the form application. If you are
challenging the validity of your conviction, please include a summary of the facts
pertainingto your offense and trial in your memorandum.

• , „ u i ir.ii
Revised: September 1.2011
ATC-11.07
GROUND ONE:
INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL

(NOTE: Same Law Firm handled applicant's trial and appeal)

FACTS SUPPORTING GROUND ONE:

Applicant's trial and/or appellate counsel's representation

was so deficient that it fell below an objective standard of

reasonableness, and there is a reasonable probability that, but

for counsel(s) unprofessional error(s) stated in points of

error (A) through (p) of applicant's MEMORANDUM IN SUPPORT of

application, the result of the trial and/or appellate proceedinq

would had been different, thus, violatinq applicant's 6th and 14th

amendment rights to the U.S. Constitution and Art.I, §10. of the

Texas Constitution.

See: (MEMORANDUM IN SUPPORT OF APPLICATION, page 1- )

Revised: September 1, 2011 ATC-11.07
GROUND TWO:
N/A

FACTS SUPPORTING GROUND TWO:

N/A

Revised: September 1,2011 ATC-11.07
GROUND THREE:
N/A

FACTS SUPPORTING GROUND THREE:

N/A
Revised: September 1, 2011
ATC-11.07

GROUND FOUR:
N/A

FACTS SUPPORTING GROUND FOUR:

N/A

Revised: September 1, 2011 ATC-11.07
GROUND:
N/A

FACTS SUPPORTING GROUND:

N/A

wmrwwur.FORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
"*. may BE ENTITLED IN THIS PROCEEDING.

tO
 VERIFICATION

This application must be verified or it will be dismissed for non-compliance. Forverification purposes, an
applicant isa person filing the application onhis or her own behalf. Apetitioner isa person filing the application on
behalf of anapplicant, for example, an applicant's attorney. An inmate is a person who is incustody.

The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the
"Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, the attorney may
sign the "Oath Before a Notary Public" as petitioner and then complete 'Tetitioner's Information." A non-inmate
applicant must sign the "Oath Before a Notary Public" before a notary public unless he isrepresented by a licensed
attorney, in which case the attorney may sign the verification as petitioner.

A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public
and mustalso complete "Petitioner'sInformation." An inmate petitioner mustsign eitherthe "Oath Before a Notary
Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the
appropriate "Petitioner's Information."

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF

_, being duly sworn, under oath says: "I am theapplicant / petitioner

(circle one) inthis action and know the contents of the above application for a writ of habeas corpus and, according
to my belief, the facts statedin the application are true."

N/A
Signatureof Applicant/ Petitioner (circle one)

SUBSCRIBED AND SWORN TOBEFORE ME THIS DAY OF , 20_.

N/A
Signature of Notary Public

11

Revised: September 1,2011 ATC-11.07
 PETITIONER'S INFORMATION

Petitioner's printed name: N/A
State barnumber, if applicable: N/A.
w/ t\
Address:

N/A
Telephone:

Fax:
N/A

INMATE'S DECLARATION

L Chrisondath Badall am the applicant / petitioner (circle one) and being presently

incarcerated in T. D. C . J . -C . I. D• j declare under penalty of perjury that, according to my belief,

the facts stated in the above application are tnie and correct

Signed on ,20 .

Signature ofApplicanw Petitioner (circle one)

12

Revised: September 1,2011 ATC-11.07
 PETITIONER'S INFORMATION
'V
Petitioner's printed name: JAMES WESLEZ SCHEXNIDER

Address: 3060 FM 3514 #703577

MARK W. STILES UNIT T.D.CJ

BEAUMONT, TEXAS, 77705

N/A
Telephone:

Fax:
N/A

Signed on _,20_

13

ATC-11.07
Revised: September 1, 2011
 CHRISONDATH BADALL

T.D.CJ. NO. #1329319

2400 WALLACE PACK RD.

NAVASOTA, TEXAS, 77868

TEXAS COURT OF CRIMINAL APPEALS (CLERK)
P.O. BOX 12308

AUSTIN, TEXAS, 78711

RE: CAUSE NO. WR-78,218-01

Dear Hon. Clerk; (Greetings)

Please find enclosed, the original and (2) copies of Applicant's
Suggestion For Reconsideration on the Court's Own Motion to be'
filed for review.
Sincerely Thankful;

OL^jjjL QjiJUl-
 IN THE

TEXAS COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

EX PARTE, §

BADALL, CHRISONDATH CAUSE NO. WR-78,218-01

(Applicant) §

APPLICANT'S SUGGESTION FOR RECONSIDERATION

OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,

PURSUANT TO C.C.P. ART. 11.07, ON THE COURT'S OWN MOTION

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se

in the above styled and numbered cause, respectfully makes his

suggestion for reconsideration of the Court's DISMISSAL of

Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.

11.07, on the Court's own motion. In support thereof, Applicant,

hereinafter referred to as, "BADALL," would show the Court the

following:

I.

Applicant's request for this Court's reconsideration of its
DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on

its own motion is authorized by T.R.A.P. Rule 79.2(d).
 :.4

II.

Applicant believes the Court's reconsi-d&cati-6n; afrits DISMISSAL
of Applicant's Application for Writ of Habeas Corpus (11.07)
is required in the interest of justice for the following reason:

THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL

APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT

OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS

RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,

ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODS -OF CRIMINAL
PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &;2.

RELEVANT FACTS

The record reveals that on August 13, 2012, the Court of

Criminal Appeals received Mr. Badall's Application for Writ of
Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED

the Application for non-compliance on August 22, 2012. See:

(WR-78,218-01)

At no time prior to the Court's dismissal of Badall's Application
was he notified by either, the Clerk of the convicting Court

or the Clerk of the Court of Criminal Appeals of any defect(s)

within the Application, as required by T.R.A.P. Rule 73.2, nor

was Mr. Badall, or the convicting Court notified of the Court's

dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)

Due to reason, the convicting court was not advised of the

dismissal of Badall's Application for Writ of Habeas Corpus,

and believed it was still active, the convicting court conducted

2.
a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
District Court of Liberty, County, Texas), in addition, appointed
Mr. Badall an attorney specifically for the evidentiary hearing
process. See: (WR-78,218-01)

After the evidentiary hearing was conducted, counsel for the
state and counsel for Mr. Badall submitted their Proposed Findings

of Fact and Conclusions of Law for the trial Judge's consideration.

On September 23, 2013, the Court of Criminal Appeals received

the Supplemental Clerk's Record from the convicting court, which
included the record of the evidentiary hearing and the Findings

of Fact and Conclusions of Law rendered by the trial judge.

On February 24, 2015, Mr. Badall sent a letter to the Court

of Criminal Appeals requesting a status report on his pending

Application for writ of habeas corpus. After no response, Mr.

Badall sent another letter to the Court of Criminal Appeals,

along with a letter to his appointed attorney, requesting a

status report. See: (EXHIBIT-B)

On March 27, 2015, Mr. Badall's appointed attorney responded

by informing Badall that his Application for Writ of Habeas Corpus

was DISMISSED for NON-COMPLIANCE almost (2) years prior to his

status report request, on August 22, 2012. See: (EXHIBIT-B)

Mr. Badall, although still not knowing the reason(s) for the

dismissal of his Application, immediately prepared and submitted

another Application for Writ of Habeas Corpus, pursuant to

3.
V.A.C.C.P. art. 11.07.

On June 19, 2015, Mr. Badall's Application for Writ of Habeas

Corpus was again DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.

Rule 73.2. See: (EXHIBIT-C)

As before, Mr. Badall was not notified by either the Clerk

of the convicting Court, or the Clerk of the Court of Criminal

Appeals regarding what defects, if any, needed corrected for

compliance with Rule 73. See: (EXHIBIT-A)

ARGUMENT AND AUTHORITIES

An application filed under Article 11.07, Texas Code of Criminal

Procedure, must be filed on the prescribed 11.07 form application.

See: EX PARTE BLACKLOCK, 191 S.W.Sd 718, 719 (Tex.Crim.App. 2006)

(citing T.R.A.P. Rule 73.1(a)).

Pursuant to T.R.A.P. Rule 73.1(c), the person making the

application must provide all information required by the form.
The application must specify all grounds for relief, and must

set forth in SUMMARY fashion the FACTS supporting each" ground.
The application must not cite cases or other law. Legal citations

and arguments may be made in a separate memorandum. The application
must be typewritten or handwritten legibly.

As the record reveals, Mr. Badall sufficiently complied to
each and every requirement set forth in Rule 73.1(a) through
(d), in- BOTH applications submitted by Badall. See: (WR-78^218401).
 Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting
court will not file an application that is not on the form prescribed
by the Court of Criminal Appeals, and will RETURN THE APPLICATION
TO THE PERSON WHO FILED IT, with a copy of the original form.

The Clerk of the Court of Criminal Appeals may, without filing

an application that does not comply with this rule, return it
to the Clerk of the convicting court, with a notation of the

defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE

APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official

form.

As stated previously, Mr. Badall was never notified by either
Court Clerk that his application had been dismissed on August

22, 2012, nor was informed for what reason(s) it was dismissed,
until he requested a status report on February 24, 2015, and
March 13, 2015, etc. See: (EXHIBIT-A, B)

A question has to be raised as to, if Mr. Badall or the trial
judge knew the Application was dismissed on August 22, 2012,
why then would the trial judge conduct a "live" evidentiary hearing
and enter his Findings of Fact and Conclusions of Law on the

same Application on June 11, 2013?

Also, another question must be raised, if the Clerk of the

convicting Court fulfilled her duties mandated by art. 11.07,
§3(b), and forwarded Badall's Application to the District Attorney,

etc., then how did the Court of Criminal Appeals DISMISS Badall's

Application BEFORE any Findings of Fact and Conclusions of Law
were provided to them pursuant to art. 11.07, §3(d)?
5.
 Mr. Badall asserts that the record clearly reveals that his

Application filed on April 18, 2012, and/or the Application

dismissed on June 19, 2015, were in compliance with T.R.A.P.

Rule 73.1 (a)-.(d) , whereas, the information provided on the application

were typewritten, the FACTS were in summary form, and the applications

and memorandums were within the required page limitation. See:

(WR-78,218-01)

Article I, §12 of the Texas Constitution states: "The writ

of habeas corpus is a writ of right and shall never be suspended."

See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App.

2008)(The legislature shall enact laws to render the remedy

speedy and effectual).

Similarly, article 1.08, Texas Code of Criminal Procedure,

provides that "the writ of habeas corpus is a writ of right and

shall never be suspended."

In addition, the Court of Criminal Appeals, the District

Courts, the County Courts, or any Judge of said Courts, have

power to issue the writ of habeas corpus; and it is their duty,

UPON PROPER MOTION, to grant the writ under the rules prescribed

by law. See: TEX.CODE CRIM.PROC ART. 11.05.

By the Court(s) DISMISSAL of Badall's application(s) for

writ of habeas corpus, such unreasonable action has placed an

unnecessary burden, delay, and expense on Mr. Badall from having

to reproduce copies of exhibits and refiling the application

and memorandum, etc.
 PRAYER

For the above and foregoing reasons, Mr. Badall asks this
Court to reconsider its dismissal of his Application(s) for
Writ of Habeas Corpus on the court's own motion, and reinstate
Mr. Badall's Application/memorandum for review of its merits.
Executed on this \L, ^ day of QcAv>\p€-\T > 2015.
"7 ;)
/71s-

CHRISONDATH BADALL

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury
pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that
the facts stated herein my request for the Court's reconsideration

of its dismissal of my application for writ of habeas corpus,

on the court's own motion, is true and correct.

Executed on this \U* day of Qc.M>\\

I filed ;my first Appricati'on: for Writ of Habeas Corpus pursuant
to C.C.P. art. 11.07, on April 18, 2012. On June 11, 2013, the
trial judge of the 75th Judicial District Court of Liberty County,
Texas, appointed me an attorney and held an evidentiary hearing
pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01

At no time prior to this evidentiary hearing was I informed
that my application for writ of habeas corpus had been DISMISSED
for NON-COMPLIANCE on August 22, 2012. I did not learn of this
fact until after requesting a status report from my appointed
attorney, on March 27, 2015. See: (EXHIBIT-B)

I immediately refiled my application for writ of habeas corpus,
but it was, AGAIN, dismissed for non-compliance on June 19, 2015,
unbeknownth to me until obtaining another status report by way
of the inter-net. See: (EXHIBIT-C)

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury
that the facts stated herein my Voluntary Affidavit is true and
correct.

Executed on this \U v day of DcWY^"" 2015.

CHRISONDATH BADALL

T.D.CJ. NO. #1329319

2400 Wallace pack rd.
navasota, texas, 77868
 Stephen C. Taylor
Attorney at Law

P.O. Box 293
Conroe, Texas 77305
Voice Mail (800) 223-8308
Fax (936) 539-1079
e-mail: sctaylorl@peoplepc.com

March 27, 2015

Chrisondath Badall
TDC# 1329319
Pack One Unit
2400 Wallace Pack Rd.
Navasota, Texas 77868

Re: Writ No. WR-78,218-01; Liberty County

Mr. Badall:

Records from the Court of Criminal Appeals (CCA) reflect:
On 8-13-12 the CCA received an Application for Writ of
Habeas Corpus from you; assigned case# WR-78,218-01.
On 8-22-12 the CCA DISMISSED your Application for Writ
of Habeas Corpus for NON-COMPLIANCE.

On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
RECORD from the Liberty County District Clerk's Office,
which included the record from our hearings, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed
the SUPPLEMENTAL CLERK'S RECORD, but took no action because
case # WR-78,218-01 had been previously DISMISSED for
NON-COMPLIANCE.

On 2-24-15 and 3-13-15 you corresponded with the CCA
requesting a status update. On both occasions the CCA
advised vou that case # WR-78,218-01 had been previously
DISMISSED for NON-COMPLIANCE.

//
Thank you,
SJ^- ,-• , /)• //
Stephen C. Taylcvr
SHSS^- -Go&r? m-€wmm&L Appeals " •" ™:'" (5i^55] "'
P.O. BOX 12308, CAPITOL STATION
LAWRENCE E.MEYERS AUSTIN, TEXAS 78711 SIANSCH1LHAB
CHERYL JOHNSON GENERAL COUNSEL
MIKE KEASLER (512)463-1597
BARBARA P. HERVEY
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
n inoF.s

April 01, 2015

Chrisondath Badali
320 S. Chestnut St.
Lufkin. TX 75901

Re: Badall, Chrisondath
CCA No. WR-78,218-01
Trial Court Case No. CR24834-A

Your letter has been received. Please be advised:

IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
WRITING.

• To obtain Copies ofitems requested, contact the State Law Library, Inmate Copy Service, at
PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
aliases, TDCJ number, date ofconviction, county ofconviction, appeal number and complete
mailing address.
D Your records will not be returned to you because once records are received in the Court they
become the permanent records of this Court.
S Your application for writ of habeas corpus has been received on Monday, August 13,
2012. The status is: DISMISSED - NON COMPLIANT on August 22, 2012.
Specifically, facts notsetouton the prescribed form.
• Neither the Judges nor the staff of the Court can give legal advice. We recommend you
contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
Division.
Sincerely,

Abel Afeosta, Clerk

SupremeCourt Building, 201 West 14th Street, room 106, Austin, Texas 78701
Website www.txcourts.gov/cca.aspx
 Docket Sheet
Court of Criminal Appeals
Case Number WR-78,218-01
DaterFaefkQ&aaffiQI 2^ -.

Style: Badall, Chrisondath

Original Proceeding: No

Case Description: 11.07HC

Punishment: 55 YRS BondAmount: in Jail: False

Trial Court Information
County CourtName Case# Judge Court Reporter

Liberty 75th District Court CR24834-A

COA Information

COA Case Number Published Cite COAJudge Disposition Code

09-05-00498-CR

Events and Opinions :

Event Date Stage :Event Event Disposition Grouping Order Submis
,Description Type sion

03/13/2015 HABEAS STATUS PROSE NONCOMP/R
CORPUS REC ;etd
-1107-HC

02/24/2015 HABEAS STATUS ;PROSE NONCOMP/R
CORPUS REC ETD
-1107-HC

09/23/2013 ; HABEAS SUPP/CLERK WRIT
CORPUS REC ;RECORD
-1107-HC

08/22/2012 HABEAS ACTION ;WRIT NONCOMP/R NONCOM
CORPUS REC TAKEN ETD P/RETD
-1107-HC 73.1

08/15/2012 HABEAS WRIT WRIT
CORPUS REC .SUBMITTED
-1107-HC

08/13/2012 HABEAS WRIT WRIT
CORPUS REC RECEIVED
-1107-HC

Report Preoared on: 3/13/2015 2:33:47 Pivi
 Texas Judicial
BRANCH

MENU ;

Home

Courts '
Rules & Forms '
Organizations""
Publications & Training "
Programs & Services ""
Judicial Data "
eFile Texas

Media

CASE: WR-78,218-01
DATE FILED: 08/13/2012

CASE TYPE: 11.07 HC

STYLE: BADALL, CHRISONDATH

V.:

APPELLATE BRIEFS

EVENT TYPE DESCRIPTION DOCUMENT
i DATE

NO BRIEFS.

CASE EVENTS

http://www.search.txcourts.gov/Case.aspx?cn=WR-78.218-01&coa=coscca 3/27/2015
i DATE | EVENT TYPE DESCRIPTION J DISPOSITION j DOCUMENTi
LETTER
STATUS (INMATE DISMISSED - NON-
I 03/T3720T5 PROSE
CORRES) COMPLIANCE [ PDF/57 KB 1

LETTER

[ PDF/35 KB)
STATUS (INMATE DISMISSED - NON-
| 02/24/2015 CORRES)
PROSE
: COMPLIANCE NOTICE

I PDF/102 KB)

APPLICATION FOR
SUPP/CLERK
09/23/2013 WRIT OF HABEAS
RECORD
CORPUS-11.07

APPLICATION FOR
DISMISSED - NON-
j 08/22/2012 ACTION TAKEN WRIT OF HABEAS
COMPLIANCE
CORPUS-11.07

APPLICATION FOR
! 08/13/2012 WRIT RECEIVED WRIT OF HABEAS
CORPUS-11.07

CALENDARS

SET DATE ! CALENDAR TYPE REASON SET

08/22/2012 STORED WRIT STORED

PARTIES

PARTY PARTYTYPE REPRESENTATIVE

APPLICANT (WRITS)/APPELLANT'S
I BADALL. CHRISONDATH
(CASES)

COURT OF APPEALS INFORMATION:

COA CASE NUMBER 09O5O049S-CR

COA DISPOSITION:

OPINION CITE:

COURT OF APPEALS DISTRICT: 9TH COURT OF APPEALS

TRIAL COURT INFORMATION

COURT: 75TH DISTRICT COURT

COUNTY: LIBERTY

COURT JUDGE:

COURT CASE: CR24834-A

http://wvvw.search.txcourts.gov/Case.aspx?cn=WR-78r218-01 &coa=coscca 3/27/2015
y,w\£>. x - r
 —*--=gtS*3£Si~
\*\ (Net Data Corp A

Function: Options
- / * * Docket Transactions^
-set's s'g'&gsaSL
• •»•,*> FJ3ne jH'slory/CalpnJarmg^^ Itofes I

File No CR24834-A
Case No CR24834-A

Seq Date * Description
Vol Page
Name
C 07222013 AFFIDAVIT OF JOSEPH L.^LANZfi/SB ' ' ' i

C 09132813 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB i 111
i
i

CQ9132013 DOCKET-SHEET/SB - - t /"' j" i
>i
C 09182013 PREPARED'AND HAILED 1ST SUPPLEMENTAL RECORD/SB i 202I 1

C 09182013 DOCKET SHEET/SB i 2,
• i "*, ^•r r ^

I 1
v C 09182013 COVER LETTER TO COfl/SB"

•C 06192015 PER COS THIS CflSE-lilflS-'DISniSSED^FOR"
N0N COPI>LiflNCE/TN*>", *

Additional information

Sequence f " j Party Name j Date

OK I Prior I imaging I Save Earties View Money Locate Exit Help
fibtf 'I
 Case No.
(The Cleric of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEAL^ OJ? TEXAS
APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: CHRISONDATH BADALL

DATE OF BIRTH: —
PLACE OF CONFINEMENT: pack-one UNIT, T.D.CJ.

TDCJ-C3D NUMBER: 1329319 SID NUMBER:

(I) This application concerns (check all that apply):
ca a conviction n parole

a
a sentence a mandatory supervision

d time credit si out-of-time appeal or petition for
discretionary review

(2) What district court entered the Judgment ofthe conviction you want relief from?
(Include the court number and county.)

75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS

(3) What was the case number in the trial court?
CAUSE NO. 24,834

(4) What was the name of the trial judge?
HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)

Revised: September L 2011 ATC-l 1.07
(5) Were you represented by counsel? If yes, provide the attorney's name:
RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal)

(6) What was the date that thejudgment was entered?
SETEMBER 9, 2005 _____

(7) For what offense were you convicted and what was the sentence?
MURDER (55) YEARS IMPRISONMENT
(8) Ifyou were sentenced on more than one count of an indictment in the same court at
the same time, whatcounts were you convicted of and whatwas the sentence in each
count?

N/A

(9) Whatwas the plea you entered? (Check one.)
a guilty-open plea • guilty-plea bargain
s not guilty a nolo contendere/no contest

Ifyou entered different pleas to counts in a multi-count indictment, please explain:

N/A

(10) What kind oftrial did you have?
a no jury 8 jury for guiltand punishment

n jury for guilt, judge for punishment

(11) Did you testify at trial? If yes, at what phase ofthe trial did you testify?
GUILT/INNOCENCE and PUNISHMENT

(12) Did you appealfrom the judgment of conviction?

a yes • no

Revised: September 1,2011 ATC-11.07
 Ifyou did appeal, answer the following questions:
(A) What court of appeals did you appeal to? *tnth DISTRICT OF TEXAS
(B) What was the case number? 09-05-00498-CR
(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
JOSEPH L. LANZA

(D) What was the decision and the date of the decision? —_
(13) Did you file apetition for discretionary review in the Court of Criminal Appeals?
a yes a no
If you did ffle apetition for discretionary review, answer the following questions:
(A) What was the case number? PD-0552-07
(B) What was the decision and the date ofthe decision? dtsmissed/6 20 07
(14) Have you previously filed an application for awrit of habeas corpus under Article
11.07 ofthe Texas Code of Criminal Procedure challenging this conviction!
a yes a no
Ifyou answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals' writ number? «ZA.
(B) What was the decision and the date of the decision?
(C) Please identify the reason that the current claims were not presented and
could not have been presented on your previous application.
N/A

ATC-11.07
Revised: September 1, 2011
(15) Do you currently have any petition or appeal pending in any other state or federal
court?

• yes H no

Ifyou answered yes, please provide the name of the court and the case number:
N/A .

(16) Ifyou are presenting a claim for time credit, have you exhausted your
administrative remedies by presenting your claim to thetime credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to
amy final felony conviction, including statejailfelonies)
a yes a no N/A
If you answered yes, answer the following questions:
(A) What date did you present the claim? N//A.
(B) Did you receive a decision and, ifyes, what was the date of the decision?
N/A

If you answered no, please explain why you have not submitted your claim:
N/A

(17) Beginning on page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize thefacts supporting each
ground. You must present each ground on the form application and a brief
summary ofthe facts. Ifyour grounds and briefsummary ofthefacts have not been
presented ontheform application, the Court will not consideryour grounds.

Revised: September 1, 2011 ATC-11 -07
 If you have more than four grounds, use page 10 of the form, which you may copy
as many times as needed to give you a separate page for each ground, with each
ground numbered in sequence.

You may attach a memorandum of law to the form application if you want to
present legal authorities, but the Court will not consider grounds for relief in a
memorandum of law that were not stated on the form application. If you are
challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum.

Revised: September 1,2011 ATC-11.0"
GROUND ONE: _. »„„-.,. PnnMc.PT
INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL

(NOTE: Same Law Firm handled applicant's trial and appeal)

FACTS SUPPORTING GROUND ONE:

Applicant's trial and/or appellate counsel's representation
was so deficient that it fell below an objective standard of

reas
onableness, and there is a reasonable probability that, but

for counsel(s) unprofessional error(s) stated in points of

error (A) through (f=) of applicant's MEMORANDUM IN SUPPORT of
application, the result of the trial and/or appellate proceedinq

would had been different, thus, violatinq applicant's 6th and 14th
amendment rights to the U.S. Constitution and Art.I, §10, of the

Texas Constitution. .

See: (MEMORANDUM IN SUPPORT OF APPLICATION, page 1- )

Revised: September 1,2011 ATCA1 -07
GROUND TWO:
N/A

FACTS SUPPORTING GROUND TWO:

N/A

Revised: September L2011 ATC-11.0/
GROUND THREE:
N/A

FACTS SUPPORTING GROUND THREE:

N/i

Revised: September 1, 2011 ATC-11.07
GROUND FOUR:
N/A

FACTS SUPPORTING GROUND FOUR:

N/A

Revised: September 1, 2011 ATC-11.07
GROUND: N/A

FACTS SUPPORTING GROUND:

N/A

WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT
RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.

10

ATC-11.07
Revised: September 1,2011
 VERIFICATION

This application must be verified or it will be dismissed for non-compliance. For verification purposes, an
applicant is aperson filing the application on his or her own behalf. Apetitioner is aperson filing the application on
behalf ofan applicant, for example, an applicant's attorney. An inmate is aperson who is in custody.
The inmate applicant must sign either the "Oath Before a Notary Public" before a notary public or the
"Inmate's Declaration" without a notary public. If the inmate is represented by a licensed attorney, theattorney may
sign the "Oath Before a Notary Public" as petitioner and then complete "Petitioner's Information." Anon-mmate
applicant must sign the "Oath Before aNotary Public" before anotary public unless he is represented by alicensed
attorney, in which case the attorney may sign the verification as petitioner.
A non-inmate non-attorney petitioner must sign the "Oath Before a Notary Public" before a notary public
and must also complete "Petitioner's Information." An inmate petitioner must sign either the "Oath Before aNotary
Public" before a notary public or the "Inmate's Declaration" without a notary public and must also complete the
appropriate "Petitioner's Information."

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF

' , being duly sworn, under oath says: "I am the applicant / petitioner
(circle one) in this action and know the contents ofthe above application for awrit ofhabeas corpus and, according
to my belief, thefacts stated in theapplication are true."

N/A
Signature of Applicant / Petitioner (circle one)

SUBSCRIBED AND SWORN TO BEFORE ME THIS DAY OF , 20_.

N/A
Signature of Notary Public

11

Revised: September 1, 2011 ATC-11.07
 PETITIONER'S INFORMATION

Petitioner's printed name: N/A

State bar number, if applicable: N/A

N/A
Address:

N/A
Telephone:
N/A
Fax:

INMATE'S DECLARATION

I, Chrisondath Badall am the applicant / petitioner (circle one) and being presently

incarcerated in T.D.CJ. -C . I. D. declare underpenalty of perjury that, according to my belief,

the facts stated in the above application are true and correct

Signed on _ ^20_

Signature ofJ Petitioner (circle one)

12

Revised: September 1,2011 ATC-11.07
Petitioner's printed name:

irirfr«t. 3060 PM 3514 #703577

maov r.7 crm r co riMTT>
T.D.CJ.

70 5

n..
l\l / ~i\i
- ••
J r*if=>nhr>np:

Signed on

f l ; > >r ,i/ * r i
'% \ _. . ^«i ila—- / /i / rv*Ct.~,AU^. . ...
'.j.t~CJ'"'" »*•>" •' " = ^gw-JLfiry *ramr—

Wp-sncert- NpnTP.mnp.r i . i t i n ..-—
 CHRISONDATH BADALL

T.D.CJ. NO. #1329319

2400 WALLACE PACK RD.

NAVASOTA, TEXAS, 77868

TEXAS COURT OF CRIMINAL APPEALS (CLERK)
P.O. BOX 12308

AUSTIN, TEXAS, 78711

RE: CAUSE NO. WR-78,218-01

Dear Hon. Clerk; (Greetings)

Please find enclosed, the original and (2) copies of Applicant's
Suggestion For Reconsideration on the Court's Own Motion to be
filed for review.
Sincerely Thankful;

, \
.-OLsx^JlJl Q^^/fX--
 IN THE

TEXAS COURT OF CRIMINAL APPEALS

AUSTIN, TEXAS

EX PARTE, §

BADALL, CHRISONDATH CAUSE NO. WR-78,218-01

(Applicant) *

APPLICANT'S SUGGESTION FOR RECONSIDERATION

OF COURT'S DISMISSAL OF APPLICANT'S WRIT OF HABEAS CORPUS,

PURSUANT TO C.C.P. ART. 11.07, ON THE COURT'S OWN MOTION

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, CHRISONDATH BADALL, Applicant, proceeding pro se
in the above styled and numbered cause, respectfully makes his
suggestion for reconsideration of the Court's DISMISSAL of
Applicant's Writ of Habeas Corpus, pursuant to V.A.C.C.P. ART.
11.07, on the Court's own motion. In support thereof, Applicant,
hereinafter referred to as, "SADALL," would show the Court the

following:

I.

Applicant's request for this Court's reconsideration of its
DISMISSAL of Applicant's art. 11.07, Writ of Habeas Corpus, on
its own motion is authorized by T.R.A.P. Rule 79.2(d).
 II.

Applicant believes the Court's reconsideration of its DISMISSAL

of Applicant's Application for Writ of Habeas Corpus (11.07)
is required in the interest of justice for the following reason:

THE CLERK OF THE CONVICTING COURT AND/OR COURT OF CRIMINAL

APPEALS UNREASONABLY DISMISSED APPLICANT'S APPLICATION FOR WRIT

OF HABEAS CORPUS (11.07), IN VIOLATION OF APPLICANT'S DUE PROCESS

RIGHT, PURSUANT TO THE 14TH AMENDMENT TO THE U.S. CONSTITUTION,

ARTICLE I, §12, OF THE TEXAS CONSTITUTION, TEXAS CODE OF CRIMINAL

PROCEDURE, ART. 1.08, 11.05, 11.07, AND T.R.A.P. RULE 73.1 &,2.

RELEVANT FACTS

The record reveals that on August 13, 2012, the Court of

Criminal Appeals received Mr. Badall's Application for Writ of

Habeas Corpus (11.07) in Cause No. WR-78,218-01, but DISMISSED

the Application for non-compliance on August 22, 2012. See:

(WR-78,218-01)

At no time prior to the Court's dismissal of Badall's Application

was he notified by either, the Clerk of the convicting Court

or the Clerk of the Court of Criminal Appeals of any defect(s)

within the Application, as required by T.R.A.P. Rule 73.2, nor

was Mr. Badall, or the convicting Court notified of the Court's

dismissal of the Application on August 22, 2012. See: (EXHIBIT-A)

Due to reason, the convicting court was not advised of the

dismissal of Badall's Application for Writ of Habeas Corpus,

and believed it was still active, the convicting court conducted
2.
a "LIVE" evidentiary hearing on June 11, 2013, pursuant to
V.A.C.C.P. art. 11.07, §3(d). The convicting court (75th Judicial
District Court of Liberty, County, Texas), in addition, appointed
Mr. Badall an attorney specifically for the evidentiary hearing
process. See: (WR-78,218-01)

After the evidentiary hearing was conducted, counsel for the
state and counsel for Mr. Badall submitted their Proposed Findings
of Fact and Conclusions of Law for the trial Judge's consideration.

On September 23, 2013, the Court of Criminal Appeals received
the Supplemental Clerk's Record from the convicting court, which
included the record of the evidentiary hearing and the Findings
of Fact and Conclusions of Law rendered by the trial judge.

On February 24, 2015, Mr. Badall sent a letter to the Court
of Criminal Appeals requesting a status report on his pending
Application for writ of habeas corpus. After no response, Mr.
Badall sent another letter to the Court of Criminal Appeals,

along with a letter to his appointed attorney, requesting a
status report. See: (EXHIBIT-B)

On March 27, 2015, Mr. Badall's appointed attorney responded

by informing Badall that his Application for Writ of Habeas Corpus
was DISMISSED for NON-COMPLIANCE almost (2) years prior to his

status report request, on August 22, 2012. See: (EXHIBIT-B)

Mr. Badall, although still not knowing the reason(s) for the

dismissal of his Application, immediately prepared and submitted

another Application for Writ of Habeas Corpus, pursuant to

3.
V.A.C.C.P. art. 11.07.

On June 19, 2015, Mr. Badall's Application for Writ of Habeas

Corpus was ag'airi DISMISSED for NON-COMPLIANCE pursuant to T.R.A.P.

Rule 73.2. See: (EXHIBIT-C)

As before, Mr. Badall was not notified by either the Clerk

of the convicting Court, or the Clerk of the Court of Criminal

Appeals regarding what defects, if any, needed corrected for

compliance with Rule 73. See: (EXHIBIT-A)

ARGUMENT AND AUTHORITIES

An application filed under Article 11.07, Texas Code of Criminal

Procedure, must be filed on the prescribed 11.07 form application.

See: EX PARTE BLACKLOCK, 191 S.W.3d 718, 719 (Tex.Crim.App. 2006)

(citing T.R.A.P. Rule 73.1(a)).

Pursuant to T.R.A.P. Rule 73.1(c), the person making the

application must provide all information required by the form.

The application must specify all grounds for relief, and must

set forth in SUMMARYxfashion the FACTS supporting each ground.

The application must not cite cases or other law. Legal citations

and arguments may be made in a separate memorandum. The application

must be typewritten or handwritten legibly.

As the record reveals, Mr. Badall sufficiently complied to

each and every requirement set forth in Rule "73.1(a) through

(d), in-BOTH applications submitted by Badall. See: (WR-78,218-01).

4.
 Pursuant to T.R.A.P. Rule 73.2, the Clerk of the convicting

court will not file an application that is not on the form prescribed

by the Court of Criminal Appeals, and will RETURN THE APPLICATION

TO THE PERSON WHO FILED IT, with a copy of the original form.

The Clerk of the Court of Criminal Appeals may, without filing

an application that does not comply with this rule, return it

to the Clerk of the convicting court, with a notation of the

defect, AND THE CLERK OF THE CONVICTING COURT WILL RETURN THE

APPLICATION TO THE PERSON WHO FILED IT, with a copy of the official

form.

As stated previously, Mr. Badall was never notified by either

Court Clerk that his application had been dismissed on August

22, 2012, nor was informed for what reason(s) it was dismissed,

until he requested a status report on February 24, 2015, and

March 13, 2015, etc. See: (EXHIBIT-A, B)

A question has to be raised as to, if Mr. Badall or the trial

judge knew the Application was dismissed on August 22, 2012,

why then would the trial judge conduct a "live" evidentiary hearing

and enter his Findings of Fact and Conclusions of Law on the

same Application on June 11, 2013?

Also, another question must be raised, if the Clerk of the

convicting Court fulfilled her duties mandated by art. 11.07,

§3(b), and forwarded Badall's Application to the District Attorney,

etc., then how did the Court of Criminal Appeals DISMISS Badall's

Application BEFORE any Findings of Fact and Conclusions of Law

were provided to them pursuant to art. 11.07, §3(d)?

5.
 Mr. Badall asserts that the record clearly reveals that his

Application filed on April 18, 2012, and/or the Application

dismissed on June 19, 2015, were in compliance with T.R.A.P.

Rule 73.1(a)-(d), whereas, the information provided on the application

were typewritten, the FACTS were in summary form, and the applications

and memorandums were within the required page limitation. See:

(WR-78,218-01)

Article I, §12 of the Texas Constitution states: "The writ

of habeas corpus is a writ of right and shall never be suspended."

See also: EX PARTE THOMPSON, 273 S.W.3d 177, 181 (Tex.Crim.App.

2008)(The legislature shall enact laws to render the remedy

speedy and effectual).

Similarly, article 1.08, Texas Code of Criminal Procedure,

provides that "the writ of habeas corpus is a writ of right and

shall never be suspended."

In addition, the Court of Criminal Appeals, the District

Courts, the County Courts, or any Judge of said Courts, have

power to issue the writ of habeas corpus; and it is their duty,

UPON PROPER MOTION, to grant the writ under the rules prescribed

by law. See: TEX.CODE CRIM.PROC ART. 11.05.

By the Court(s) DISMISSAL of Badall's application(s) for

writ of habeas corpus; such unreasonable action has placed an

unnecessary burden, delay, and expense on Mr. Badall from having

to reproduce copies of exhibits and refiling the application

and memorandum, etc.

6.
 PRAYER

For the above and foregoing reasons, Mr. Badall asks this

Court to reconsider its dismissal of his Application(s) for

Writ of Habeas Corpus on the court's own motion, and reinstate

Mr. Badall's Application/memorandum for review of its merits.

Executed on this \U ^ day of f)c..Vr>'\p€Ar~ / 2015.

CHRISONDATH BADALL

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury

pursuant to Tex.Civ.Prac.Rem. Code, §132.001 - $132,003, that

the facts stated herein my request for the Court's reconsideration

of its dismissal of my application for writ of habeas corpus,

on the court's own motion, is true and correct.

Executed on this )j? day of Pc/W^eN" , 2015.

CHRISONDATH BADALL

CERTIFICATE OF SERVICE

I, CHRISONDATH BADALL, do certify that a true and correct

copy of this document was served on Respondent by U.S. Mail,

postage prepaid, addressed to:

Liberty County, Texas, District Attorney 0LuJhj P*rk8l
-.ooo 04- CHRISONDATH BADALL
-1923 Sam Houston St.
T.D.CJ. NO. #1329319
Liberty, Texas, 77575 240Q WALLACE pACR RD_
NAVASOTA, TX. 77868
rYAW &\t
 VOLUNTARY AgEI DM IX

I, CHRISONDATH BADALL, being of sound mind, and over the age of
(18) years old, make this declaration from personal knowledge,
and under the penalty of perjury:

I filed my first Application for Writ of Habeas Corpus pursuant
to CCP. art. 11.07, on April 18, 2012. On June 11, 2013, the
trial judge of the 75th Judicial District Court of Liberty County,
Texas, appointed me an attorney and held an evidentiary hearing
pursuant to trial cause no. CR-24,834-A, and Writ No. WR-78,218-01

At no time prior to this evidentiary hearing was I informed
that my application for writ of habeas corpus had been DISMISSED
for NON-COMPLIANCE on August 22, 2012. I did not learn of this
fact until after requesting a status report from my appointed
attorney, on March 27, 2015. See: (EXHIBIT-B)

I immediately refiled my application for writ of habeas corpus,
but it was, AGAIN, dismissed for non-compliance on June 19, 2015,
unbeknownth to me until obtaining another status report by way
of the inter-net. See: (EXHIBIT-C)

OATH

I, CHRISONDATH BADALL, do declare under the penalty of perjury
that the facts stated herein my Voluntary Affidavit is true and
correct.

Executed on this \U^ day of fV.VoW^ 2015.

CHRISONDATH BADALL

T.D.CJ. NO.#1329319
2400 Wallace pack rd.
navasota, texas, 77868
 ?
1 _}
 Stephen C. Taylor
Attorney at Law

P.O. Box 293
Conroe, Texas 77305
Voice Mail (800) 223-8308
Fax (936) 539-1079
e-mail: sctaylorl@peoplepc.com

March 27, 2015

Chrisondath Badall
TDC# 1329319
Pack One Unit
2400 Wallace Pack Rd.
Navasota, Texas 77868

Re: Writ No. WR-78,218-01; Liberty County

Mr. Badall:

Records from the Court of Criminal Appeals (CCA) reflect:

On 8-13-12 the CCA received an Application for Writ of
Habeas Corpus from you; assigned easel WR-78,218-01.

On 8-22-12 the CCA DISMISSED your Application for Writ
of Habeas Corpus for NON-COMPLIANCE.

On 9-23-13 the CCA received the SUPPLEMENTAL CLERK'S
RECORD from the Liberty County District Clerk's Office,
which included the record from our hearings, and the
FINDINGS OF FACT AND CONCLUSIONS OF LAW. The CCA filed
the SUPPLEMENTAL CLERK'S RECORD, but took no action because
case # WR-78,218-01 had been previously DISMISSED for
NON-COMPLIANCE.

On 2-24-15 and 3-13-15 you corresponded with the CCA
requesting a status update. On both occasions the CCA
advised you that case # WR-78,218-01 had been previously
DISMISSED for NON-COMPLIANCE.

Stephen C. TayL<
s™Dr^GE Court of Criminal Appeals abe™sta
(512)463-1551
P.O. BOX 12308, CAPITOL STATION
theryljohn^oEnERS
CHERYL JOHNSON
AUSTIN, TEXAS 78711 SIANschilhab
GENERAL COUNSEL
MIKE KEASLER (512)463-1597
BARBARA P. HERVEY
ELSA ALCALA
BERT RICHARDSON
KEVIN P. YEARY
DAVID NEWELL
JUDGES

April 01, 2015

Chrisondath Badall
320 S. Chestnut St.
Lufkin, TX 75901

Re: Badall, Chrisondath
CCA No. WR-78,218-01
Trial Court Case No. CR24834-A

Your letter has been received. Please be advised:

IMPORTANT: PLEASE INFORM THIS COURT OF ALL ADDRESS CHANGES IN
WRITING.

• To obtain Copies of items requested, contact the State Law Library, Inmate Copy Service, at
PO Box 12367, Austin Texas 78711-23267. Please be sure to include your full name and any
aliases, TDCJ number, date of conviction, county of conviction, appeal number and complete
mailing address.
• Your records will not be returned to you because once records are received in the Court they
become the permanent records of this Court.
@ Your application for writ of habeas corpus has been received on Monday, August 13,
2012. The status is: DISMISSED -- NON COMPLIANT on August 22, 2012.
Specifically, facts not set out on the prescribed form.
• Neither the Judges nor the staff of the Court can give legal advice. We recommend you
contact Inmate Legal Services at the Texas Department of Criminal Justice, Institutional
Division.
Sincerely,

iJosta, Clerk

Supreme Court Building, 201 West 14th Street, Room 106, Austin, Texas 78701
Website www.txcourts.gov/cca.aspx
 Docket Sheet
Court of Criminal Appeals Case Number WR-78,218-01
Date Filed: 08/13/2012

Style: Badall, Chrisondath

OriginalProceeding: No

Case Description: 11.07HC

Punishment: 55 YRS BondAmount: In Jail: False

Trial Court Information
Judge Court Reporter
County Court Name Case#
Liberty :75th District Court CR24834-A
COA Information

COA Case Number Published Cite COAJudge Disposition Code

09-05-00498-CR

Events and Opinions

Event Date Stage Event Event Disposition Grouping Order Submis
Description Type sion

03/13/2015 i HABEAS iSTATUS IPROSE NONCOMP/R
iCORPUSREC; lETD
(-1107-HC
02/24/2015 HABEAS ISTATUS PROSE ; noncomp/r
CORPUSREC? ;etd
-1107-HC

09/23/2013 lHABEAS iSUPP/CLERK WRIT
CORPUS RECI RECORD
•-1107-HC :
NONCOMP/R NONCOM
08/22/2012 HABEAS ACTION IWRIT P/RETD
; CORPUS REC-TAKEN ETD
73.1
-1107-HC
08/15/2012 HABEAS 'WRIT !WRIT
;CORPUS REC; SUBMITTED ;
-1107-HC

08/13/2012 HABEAS iWRIT WRIT
CORPUS REC RECEIVED
:-1107-HC

ReDort Prepared on: 3/13/2015 2:33:47 PM
 Texas Judicial
BRANCH

MENU

Home

Courts"
Rules & Forms "
Organizations •r
Publications & Training"
Programs & Services'"
Judicial Data "
eFile Texas
Media

CASE: WR-78,218-01
DATE FILED: 08/13/2012

CASE TYPE: 11.07HC

STYLE: BADALL. CHRISONDATH

V.:

APPELLATE BRIEFS

EVENT TYPE DESCRIPTION DOCUMENT
DATE

iNO BRIEFS.

CASE EVENTS

http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015
 DATE EVENT TYPE DESCRIPTION DISPOSITION DOCUMENT

LETTER
STATUS (INMATE DISMISSED - NON
03/13/2015 PROSE
CORRES) COMPLIANCE [ PDF/57 KB 1

LETTER

NON- (PDF/35 KB 1
STATUS (INMATE I DISMISSED -
02/24/2015 PROSE
CORRES) COMPLIANCE NOTICE

(PDF/102 KB ]

APPLICATION FOR
SUPP/CLERK
09/23/2013 WRIT OF HABEAS
RECORD
CORPUS - 11.07

APPLICATION FOR
DISMISSED - NON-
08/22/2012 ACTION TAKEN WRIT OF HABEAS
COMPLIANCE
CORPUS-11.07

APPLICATION FOR
08/13/2012 WRIT RECEIVED WRIT OF HABEAS
CORPUS-11.07

CALENDARS

SET DATE CALENDAR TYPE REASON SET

08/22/2012 STORED WRIT STORED

PARTIES

PARTY PARTYTYPE REPRESENTATIVE

APPLICANT (WRITS)/APPELLANT'S
BADALL, CHRISONDATH
(CASES)

COURT OF APPEALS INFORMATION:

COA CASE NUMBER 09-05^30498-CR

COA DISPOSITION:

OPINION CITE:

COURT OF APPEALS DISTRICT: 9TH COURT OF APPEALS

TRIAL COURT INFORMATION

COURT: 75TH DISTRICT COURT

COUNTY: LIBERTY

COURT JUDGE:

COURT CASE: CR24834-A

http://www.search.txcourts.gov/Case.aspx?cn=WR-78,218-01 &coa=coscca 3/27/2015-'
w
>->i»<*,>n '

File No CR24834-A
Case No CR24834-A

jSeq Qate ~"~ Description
Vol Page
•Name
I 4
C 07222013 AFFIDAVIT OF JOSEPH L. LANZA/SB I

C B9132Q13 FINDINGS OF FACT AND CONCLUSIONS OF LAW/SB I
11 i i

C 09132B13 DOCKET SHEET/SB I i|
C B9182Q13 PREPARED AND MAILED 1ST SUPPLEMENTAL RECORD/SB I 2021

I 2
C 89182013 DOCKET SHEET/SB

C B9182013 COVER LETTER TO COA/SB I 11

C 06192815 PER COA THIS CASE WHS DISMISSED FOR i
NON COMPLIHNCE/fM /

Additional information

Sequence \ \ Party Name ~"'j Date

OK I Prior I imaging | Save Parties View Money I Locate Exit Help
 Case No.
(The Clerk of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEAL^ 0# f EXAS
APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE- OF CRIMINAL PROCEDURE* ARTICLE 11.07

NAME: CHRISONDATH BADALL

DATE OF BIRTH:
PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.CJ.

TDC.I-CTD NUMBER: 1329319 SID NUMBER:

(1) This application concerns (check all that apply):
K a conviction • parole

a a sentence a mandatory supervision

a time credit H out-of-time appeal or petition for
discretionary review

(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)

75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS

(3) What was the case number in the trial court?
CAUSE NO. 24,834

(4) What was the name of the trial j udge?
HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)

Revised: September 1,2011 ATC-11.07
 Case No.
(The Cleric of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPLICATION FOR A WRIT OF HABEAS CORPUS
SEEKING RELIEF FROM FINAL FELONY CONVICTION
UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: CHRISONDATH BADALL

DATE OF BIRTH:
PLACE OF CONFINEMENT: PACK-ONE UNIT, T.D.CJ.

TDCJ-CID NUMBER: 1329319 SID NUMBER:

(1) This application concerns (check all that apply):

ca a conviction • parole

a a sentence a mandatory supervision

d time credit h out-of-time appeal or petition for
discretionary review

(2) What district court entered the judgment of the conviction you want relief from?
(Include the court number and county.)
75th JUDICIAL DISTRICT, LIBERTY COUNTY, TEXAS

(3) What was the case number in the trial court?
CAUSE NO. 24,834

(4) What was the name of the trial judge?
HON. C.T. HIGHT (Trial) and HON. CHAP CAIN (Bond Hearinq)

Revised: September 1, 2011 ATC-11.07
(5) Were you represented by counsel? If yes, provide the attorney's name:
RICHARD "RACE-HORSE" HAYNES (Trial) JOSEPH L. LANZA (Appeal)

(6) What was the date that the judgment was entered?
SETEMBER 9, 2005

(7) For what offense were you convicted and what was the sentence?
MURDER (55) YEARS IMPRISONMENT

(8) If you were sentenced on more than one count of an indictment in the same court at
the same time, what counts were you convicted of and what was the sentence in each
count?

N/A

(9) What was the plea you entered? (Check one.)

o guilty-open plea a guilty-plea bargain
S not guilty a nolo contenderelno contest

If you entered different pleas to counts in a multi-count indictment, please explain:

N/A

(10) What kind of trial did you have?

• no jury 8 jury for guilt and punishment

a jury for guilt, judge for punishment

(11) Did you testify at trial? If yes, at what phase of the trial did you testify?
GUILT/INNOCENCE and PUNISHMENT

(12) Did you appeal from the judgment of conviction?

K yes o no

Revised: September 1, 2011 ATC-11.07
 If you did appeal, answer the following questions:
(A) What court of appeals did you appeal to? ninth district of TEXAS
(B) What was the case number? 09-05-Q0498-CR
(C) Were you represented by counsel on appeal? Ifyes, provide the attorney's
name:
JOSEPH L. LANZA

(D) What was the decision and the date of the decision? affirmed/1-31-0
(13) Did you file apetition for discretionary review in the Court of Criminal Appeals?
m yes a no

If you did file apetition for discretionary review, answer the foUowing questions:
(A) What was the case number? pd-0552-07 __
(B) What was the decision and the date of the decision? DTSMISSED/6-20-07
(14) Have you previously filed an application for awrit of habeas corpus under Article
11.07 of the Texas Code of Criminal Procedure challenging this conviction I
a yes & no

Ifyou answered yes, answer the following questions:
(A) What was the Court of Criminal Appeals' writ number?. __£
(B) What was the decision and the date of the decision?
(C) Please identify the reason that the current claims were not presented and
could not have been presented on your previous application.
N/A

ATC-11.07
Revised: September 1,2011
(15) Doyou currently have any petition or appealpending in any other state or federal
court?

• yes h no

If you answered yes, please provide the name of the court and the case number:
N/A

(16) If you are presenting a claim for time credit, haveyou exhausted your
administrative remedies by presenting your claim to the time credit resolution
system of the Texas Department of Criminal Justice? (This requirement applies to
any final felony conviction, including state jail felonies)

• yes a no N/A

If you answered yes, answer the following questions:

(A) What date did you present theclaim? N/A
(B) Didyou receive a decision and, if yes, what was the date of the decision?
N/A

If you answered no, please explain whyyou have not submitted your claim:
N/A

(17) Beginningon page 6, state concisely every legal ground for your claim that you are
being unlawfully restrained, and then briefly summarize the facts supporting each
ground. You must present each ground on the form application and a brief
summary of the facts. Ifyour grounds andbriefsummary ofthefacts have notbeen
presented on theform application, the Court willnot consider yourgrounds.

Revised: September 1.. 2011 ATC-11.07
 If you have more than four grounds, use page 10 of the form, which you may copy
as many times as needed to give you a separate page for each ground, with each
ground numbered in sequence.

You may attach a memorandum of law to the form application if you want to
present legal authorities, but the Court will not consider grounds for relief in a
memorandum of law that were not stated on the form application. If you are
challenging the validity of your conviction, please include a summary of the facts
pertaining to your offense and trial in your memorandum.

Revised: September 1,2011 ATC-11.07
GROUND ONE:
INEFFECTIVE ASSISTANCE OF TRIAL and/or APPEAL COUNSEL

(NOTE: Same Law Firm handled applicant's trial and appeal)

FACTS SUPPORTING GROUND ONE:

Applicant's trial and/or appellate counsel's representation

was so deficient that it fell below an objective standard of

reasonableness, and there is a reasonable probability that, but

for counsel(s) unprofessional error(s) stated in points of

error (A) through (F) of applicant's MEMORANDUM IN SUPPORT of

application, the result of the trial and/or appellate proceedinq

would had been different, thus, violatinq applicant's 6th and 14th

amendment riqhts to the U.S. Constitution and Art.I, §10- of the

Texas Constitution. _^_____ —

See: (MEMORANDUM IN SOPPORT OF APPLICATION, page 1- )

Revised: September 1, 2011 ATC-11.07