~. ":rw,§;r¥ ~ \\‘\2» ‘3¢'“‘ ;45;/" ALw/A , fly/4 ' /_z//\E/ L?Ul[/“! £/£ @'f/`/VL//l,{h/ A?WE£L% - RECEIVED lN OZ”/ M/ /1/% 55 gm /FF ‘ couRToFchMlNALAPPEALs LZi// /’ j>[@~/ 1)/¢// Q(;`I' 02 2015 /@L;/M/ '72@; 7£///»?'23//3 l AbelAcosta,C!erK :D@ozr'[;[e//<. ~ - 4 :P\Qé£e D‘ L///u_<{ poi?o/f§ &MA[ :Presewvh 'b\»\wmlu MM: BDL'L/L ~©m~ al "UMHMC) /l \W_\f/\,~§_. CZOWF QS$»`SAL<;LML@ trw jim \\/Kr.u.w 98 §r@cbu`r @M>»@ww W.@L m ' ~ §MLE/A{ {b/ ry L\,M “'Q§ww\@~w\&§ ?/ ¢/j&[¢ golf @>/5' )'F‘" (L dwwlw;/{¢ .TMW§ 77515 CAUSE NO: CR-O8-OO75-C, CR-08-0076-C CR-08-0077-C, CR-08-0078-C =EX PARTE 'IN THE DISTRICT coURT HAYS COUNTY, TEXAS ' C/.`/>¢/.'/’C/.`/>OM ROBERT FLORES SAMANIEGO, Jr. 22nd~JUDICIALDISTRICT APPLICANTlS OBJECTION{S TO STATE'S ANSWER TO APPLICANT'S THIRD APPLICATION FOR WRIT OF HABEAS CORPUS RELIEF 'TO THE HONORABLE JUDGE OF"SAID COURT§ '; Comes Now, Robert Samaniego, TDCJ# 1566425, Applicant, pro se, and files this the above entitled styled numbered cause Pursuant to Rules of Civil Procedure, rule 307 and would show the Court the following: l`I. Mr. Samaniego recieved the State's answer on the 20th day of September. 2015 denying his Third application for writ of habeas corpus relief. Mr. Samaniego objects to the honoerable courts allegations " that there are no claims and '; issues that could not have been presented previously~in an Original Application". II. Mr. Samaniego asserts that there "are" claims and issues that could not have been presented in his Original Application for habeas corpus relief", had it not ~ have been for the court reporters incomplete record (transcript) when the state purposely withheld the motion in limine from the rcord that Mr. Samaniego has been claiming his ground five "ineffective assistance of counsel for failing to file a motion in limine to prevent the state from eliciting his prior convict- ions over (18) years old". See court reporters record (captions). _ 111. ' v III, NEwLY DIscovERED EVIDENCE `1 Because the motion in limine was purposely withheld from the court reporters record, it prevented Mr. Samaniego from effectively presenting the court with facts that the motion in limine is void as`a matter of law, when the record clear~ ly demonstrates that the void motion in limine was filed stamped with the clerk _Eebuary 2, 2009 and the certificate of service was issued on Eebuary 2, 2008, one year apart, "[A] proper citation must show the date the petition was filed" See Tex.R.Civ. P. 99(b)(4), "[T] exas law has long held that errors in stating ‘the"petitions filing date are fatally defective." see Garza v. Carza; 223 81W12d 964 (Tex. Civ. App. -San Antonio 1949. no writ): Conner v. W. C. Bowman Lumber Co. 45 8. W. 2d 237. 238 (Tex. Civ. App. -Austin 1931. no writ) Nat' l Ben Franklin Fire ~lns, Co. Y,.Scott, 214 S.W. 604 (Tex.Civ.App.-Amarlllo 1919. no writ) See also Applicants brief in support of his Ihirdxwrit of Habeas Corpus for Relief. Thus, because the motion in limine is void as a matter of law ultimately makes counsel ineffectivelfor not filing a_motion in limine, Bule of Civil Procedure relating' to issuance of service and return of citation are "mandatory"; failure to strictly comply therewith will render invalid service of process. See Uvalde Country Club v. Martin Linen 8upply Co. . Inc 685 8. W 2d 375. reversed 690 8. W. 2d 884 (Tex. App -8an Antonlo 1984).5Approx1mately $14, 980. 00 v. State, 261 8. W. 3d 182. The Newly Discovered Evidence was unknown to Mr. 8amaniego at the time of trial and the failure to discover the evidence was not due to his own want of diligence. the materiality of evidence had it been included in the court report- ers record would have brought about a different result in another trial the evidence is admissable and not merely cumulative, corrborative, collateral or impeaching of other evidence. Vernon"s Ann Texas Q.C.P. arts 40.03, 40.03(6), 40. 05 U. S. A. Cost. Amend. 5. 4 W‘ Vl STATE COURTS CON8TlTUTlONAL VlOLATlON Mr. Samaniego was denied his Constitutional rights to due process and equal protection of the law when the state habeas court prevented him from fully de- veloping his claims of ineffective asslstance of counsel and constitutional violations. Moreover, trial counsel was not allowed the opportunity to support' or contest Mr. Samaniego's ground_for relief resulting in proceedings that were not compiled in a fair1 manner and were outside the constraints of due process. v. TRIAL coURTs FAILURE 10 ISSUE FINDINGs oF FACT AND v n “ CoNCLUSioNS 0F LAw REQUESTED BY APPLiCANT n 0n the 5th day of August. 2015 Mr. Samaniego requested for the honorable court to1 issue findings of fact and conclusions of 1aw. Because, the trial court ruled on` Mr. Samaniego' s merits incorperated in his Third habeas corpus, Mr. 8amaniego was required to obtain written order actually reflecting that decision. See Ex- ` Parte Martell. 901 S. W. 2d 754 (Tex 4 Dist. 1995): also see Mr Samaniego' s issue' s requested in his request for findings of fact and conclusions of law filed on the 5th day of August. 2015. Mr. Samaniego asserts that his Third application for writ of habeas corpus is not entended to vex, harass or delay any proceeding, but, to bring to the attention of this Honorable court the' Mlscarrlage of Justice" '€in Mr. Samanlego s 11. 07 habeas corpus proceedings. Mr. 8amaniego requests that this Honorable - Court remand this case back to the trial court for further findings of fact and concluslons of law pursuant to Texas Rules of 0ivil Procedure. rule 296 and 11. 07 3(d), further, there is a need for an expansion of the record, these issues can- not be resolved based on the record before the court, Mr. Samaniego1needs to be 1brought back to the habeas trial court in Hays County, Texas for an evident- iary hearing, while the habeas trial court appoints an attorney to represent Mr. Samaniego. Id. at 11. 07 3(d). il l v wHEREFoRE, PREMISES coNSIDERED, Mr. Samanie§o prays that`this”Honorébie Court remand this case back to the habeas trial court for further findings of facts and conclusions of law, and upon reviewing the record enter its 1udgment remanding Mr. 8amaniego to custody of the Hays County Sheriff for his 1unc0n'sti- tutional confinement for release. f 1NMATES DECLARATION '/1' Robert Samanie§o, `1DCJ#`1566425`, being'presently:incarcerated'in the‘ Huntsville Unit of the 1exas Department of Criminal Justice in Walker County, Texas. ver1fy and declare under penalty of perjury that the facts contained within are true and correct. d n 7 ` ,2015. Executed on thiségg 74day of ;' Robert Samaniego _ CERTIFICATE OF SERVICE 1 Robert Samaniego,1DCJ# 1566425, certify that a true and correct copy of the above §nd foregoing has been delivered to the prison mailroom off1c1a1s postage prepaid. first class mail for delivery to the fo1lowing: lBeverly Crumlev, district c1erk at the Government Center, located at 712 S. Stagecoach 1r1te. 2211 San Marcos, Texas 78666. f,2015. WW/ , Robert Samaniego TDCJ# 1566425 815 12th St. Huntsville, Texas 77348 Executed on this %f/q day of 5 ~