Pate, Chadrick B

A

IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

EX PARTE FROM THE DISTRICT COURT
CHADRICK B. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT
APPLICANT ARANSAS COUNTY, TEXAS
CAUSE NO. A-08-5080-4CR
NEMABARMN
PETITIONER
V.
JUDGE JAN NA K. WHATELY

EMERGENCY MOTION FOR RELEIF
REQ UEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
PURSUANT TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS
CORPUS WR-78.165-02

COVER SHEET

RECEIVED IN
COURT OF CRIMINAL APPEALS

JUN 02 2015
a©Ti©^ DEFIED
Abel Acosta, Clerk
>ATE:_iLmii2.
 IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS

WRIT NO. WR-78,165-02

EX PARTE FROM THE DISTRICT COURT
CHADRICK B. PATE TDCJ NO. 01563340 36TH JUDICIAL DISTRICT
APPLICANT ARANSAS COUNTY, TEXAS
CAUSE NO. A-08-5080-4CR
NEMABARJMN
PEXJXJaNEJ*
V.
JUDGE JANNA K. WHATELY

EMERGENCY MOTION FOR RELEIF
REQUEST FOR IMMEDIATE BAIL DECISION AND IMMEDIATE RELEIF
PURSUAr^T TO THE UNDERLYING ORIGINAL EMERGENCY WRIT FOR HABEAS
CORPUS

TO THE HONORABLE JUDGE OF SAID COURT:

NOW COMES!, Petitioner Nema Bardin on behalf ofApplicant Chadrick B. Pate and respectfully

submits this Emergency Motion for Relief pursuant to and on the Original Writ of Habeas Corpus

filed in this Court on May, 19th, 2015 .AND Amended Emergency Original Writof Habeas Corpus filed

on this date Juine 02,2015 seeking relief from Cause No. A-08-5080-4CR a Void Judgment,

Sentence and Conviction ordered in the 36th Judicial District Trial CourtAransas, County Texas, and

certified by Trial Judge Janna K. Whately. Because the Trial Court Judgment in Cause No. A-08-5080-

4CR is Void fo r lack of Jurisdiction, Fraud on the Court, and Tampering with a Trial Court Government

Record then this Motion also pertains to relief from Cause No. WR-78.-165-01 The Intial Writ of

Habeas Corpus filed into this Court on or about 6/21/2011 and was denied on 3/6/2013 without
1
writtenorderbyJudgeCochran, and from Cause No. 13-09--00112CR affirmed 10/27/2010 from the

Thirteenth District Court ofAppeals.

These,two yjJg£B£nJ& are. vai/i because they each,fJaw from. the. IU&gpI and Vaid Ttial Court.Judgment

in A-08-5080- 4CR. Chadrick B. Pate .

JURISDICTION

Because thus Motion flows from the filing of Petitioner's Original Writ of Habeas Corpus it has

jurisdiction for the same reasons it has Jurisdiction over the Original Writ filed on the 19th day of May

2015 and Amended Writ filed on this date June 02,2015 pursuant to Article V Section 5 of the Texas
Constitution aind Amendments 1, 5,6 and 14 of the U. S. Constitution . See Exparte Thompson 273
S. W. 3d 177,181 (Tex. Crim. App.2008) showing this court to have general jurisdiction over
Original Habeas Corpus See Tex Const. Article V

STATEMENT OF THE CASE

Petitioner Nema Bardinfiled an Original Writ of Habeas Corpus in this Court on May 19th, 2015, and

then filed an amended Writ on June 02,2015 by hand delivering it and speaking personally with Mr.

Abel Acosta Clerk for the Texas Criminal Court of Appeals. Petitioner asked to speak with Mr. Acosta

in order to explain that the Writ being filed was not all .07 Writ and therefore not a Second or

Successive Petition under 11.07. Petitioner explained the nature of the Writ and why it was being filed

as an Original. Writ under this Courts inherent power and jurisdiction to providethe relief requested.

Mr. Acosta took the Document after reviewing some of the paperwork with Petitioner and stated that he

would file it. On May 22nd, 2015 after checkingher mail box, Petitionerfound that there was no

notification fr