TO: CLERK OF THE
COURT OF CRIMINAL APPEALS
.OF TEXAS
P.O. BOX 12308, CAPITOL STATION RECEIVED IN
AUSTIN, TEXAS 78711 COURT OF CRIMINAL APPEALS
DATE: JANUARY·~;2015 fEB 09 2015
FROM: GEORGE WILLARD MAY
TDCJ-ID#1079659
DALHART UNIT
11950 F.M. 998
DALHART, TX~79022
RE: REQUEST FOR DISCRETIONARY REVIEW ON 044504-B,NOT BEING A WRIT
CHALLENGING A CONVICTION
DEAR CLERK:
I am s en d in g t h i s cop y o-f my 11 . 0 7 11 0 UT- 0 F - T I ME AP P E AL 11 to v e r i f y
to this Court that this writ never c h a 11 eng e d my conviction ;: it.:~.
(044504-B) does not stop my rights to file another 11.07 wtit~df
habeas corpus to chsllenge my conv~ction. The trial court was in
error by recomending that this court deny 044504-C as subsequent.
I.w~~ ~rititled to be heard through my 11.07 writ of .1habeasccorpus
044504-C, the first writ challenging my conviction.
It is my understanding that this cour.t can on its own discretion,
decide to review an improperly denied writ.(044504-C) so I am sending
044504-B Application and Page one of 044504-B of the Memorandum in
the hopes that.this proof that 044504-B is not challenging my
.conviction will be looked at and I Pray that~this court will in
it's own discretion decide toGreview 044504-C as my first writ
challenging my convicton.
I am only sending the Application as proof. If the complete
document is needed, I will gladly send it upon request. I would
also glady s~nd to~this court my 11.07 044504~C upon request. Again
it is my first writ challenging my conviction an.d should not have
been denied as subsequent.
As clerk ,would you please date stamp this packet and present
i~ to the court fdr their discretionary review. Thank you so much
for your time and consideration in this matter.
Sincerely, ~
~-L)~
GEORGE WILLARD MAY
TDCJ-ID#1079659
,,
I~ THE COt:RT OF CRI\11\AL APPEALS OF TEX.-\S
APPLICATIO~ FOR A WRIT OF HABE.-\S CORPliS
SEEKING RELIEF FRO~l FI:\At FELONY CO~\'ICTIO:\
UNDER CODE OF CRI\'11:\AL PROCEDURE. ARTICLE 11.07
\:\\1 E: _ __.:!.G. !:.E.!:'O...!.l.R.!i!.G.~:.E-.!!!W.=.I..~.LJ.L.nA.uR..IlD_.oM.nA...LV_ _ _ _ _ _ _ _ _ _ _ _ _ _ __
DATE OF BIRTH: _o_Ei_/_o_a_/_1_9_5_2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
PL\CE OF CO\FINE\1ENT: DALHART UNIT, 11950 F. M. 998 DALHART IX. I I
79022
TOCJ-CID :\l"\lBER: 01079659 SID \l"\IBER: - - - - - - - -
(I) This application concerns (chcd; i.lllthi.lt apply I:
0 a conviction [j parole
0 a sentence 0 mandatory supervision
0 time credit out-of'-timc appcal or petition for
discrctiona~· re\"iew
(2) \\'hat district court entered thc judgment of the com·iction ~·ou want rclief from?
l Include the coun numhcr and count~·.!
59TH JUDICIAL DISTRICT COURT, GRAYSON COUNTY, SHERMAN TX.
(3) What was the case number in the trial ~:ourt'?
44504
What was the name of thc trial jud~c'!
HONORABLE JUDGE RAYBURN M. NULL JR.
: .. ~ ·:
:~
·--·-
Eflix:tiv..::.li.lnuarv 1.2014 ·.-- ....
R~.:,·. 01'14!14
•,
•
''
(5) Were you represented by counsel'! If )'es. pro\· ide the attorney's name:
YES, MR. THOMAS SHEA AND MR. KERMIT HILL
(6) What was the date that the judgment was entered'!
APRIL 27TH, 2001
(7) For what offense were you convicted and what was the sentence'?
AGGRAVATED SEXUAL ASSAULT OF A CHILD-20 YEARS CONFINEMENT
(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.)
0 guilty-open plea 0 guilty-plea bargain
KJ not guilty 0 nolo ctJntenderelno contest
If you entered different pleas to counts in a multi-count indictment, please explain:
N/A
(I 0) What kind of trial did you ha\'e'!
0 no jury ag jury for guilt and punishment
0 jury for guilt, judge for punishment
Rev. 01/14/14
I ..
( 11) Did you testify at trial'! If yes. at what phase of the trial did you testify'!
YES, AT PUNISHMENT PHASE OF TRIAL
(12) Did you appeal from the judgment of com·iction'?
0 no
If you did appeal, answer the following questions:
(A) Whatcourtofappealsdid~·ouappcalto'? FIFTH SUPREME JUDICIA! DIST.
(8) What was the case number'? 05-01-01 251-CR
(C) Were you represented by counsel on appeal? If yes, provide the attorney's
name:
YES, MR. JASON BUTSCHER
(D) What was the decision and the date of the decision'? C0 NF I RME D • MARCH , 2 0 0 2
( 13) Did you file a petition for discretionar)· re,·iew in the c:ourt of Criminal Appeals?
0 yes 0 no
If )'OU did file a petition for discretionary review, answer the following questions:
(A) What was the case number? N/A
(B) What was the decision and the date of the decision'! -~N'-/.!..!A_ _ _ _ __
(14) Have you previously filed an application for a writ of habeas corpus under Article
I 1.07 of the Texas Code of Criminal Procedure challenging thi.'i conviction'?
0 yes KJ no
If you answered yes. answer the following questions:
(A) What was the Court of Criminal Appeals' writ number? N/A
R~.:v. 0 I114/ 14
(B) What was tht.• decision and the date uf the decision'! ~N..!../...:...A.:___ _ _ _ __
((') Please identif)· the reason that tht.• t.·urrcnt claims wen~ not presented and could
not han been pn·scntcd on your prnious application.
N/A
N/A
N/A
N/A
( 15) l>o you currt>ntly han" an~ petition or appeal pending in an~· other state or federal
court'!
If ~·ou answered yes, please prO\ ide the name of the court and the case number:
N/A
( 16) If' you are prest'nting a claim for time cn·dit. ha,·c ~·ou rxhausted ~·our
administrative remedies b~· presentin~ ,yuur claim to thl" time credit resolution
system of the Tt>xas Department of Criminai.Justice? (This n•quirt'ment applies to
any final felon~· con,·ic:tion, includine state .iail felonies)
N/A 0 no
If you answered ~·es. answer the folio\\ in~ questions:
(A) What date did )OU present the claim'! _.:..N:.:../...:.A_;___ _ _ _ _ _ _ _ _ __
(8) Did you receh1c a decision and. if ~·t.·s. n hat was the date of the decision'!
N/A
If ~·ou answered no. plcasl' explain why ~·ou han not submittt.•d your claim:
Re\·. 0 I/ J.fi 1-+
N/A
N/A
N/A
N/A
N/A
( 17) Beginning on page 6, state cmrdse(r 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. lfyour gromubi and briefsummoiJ' of the fact.'t ha••e ntJt been
pre.'iented on the form applicatimr, the Court will not com;ider your ground!!·.
If you hne more than four grounds, use pages 14 and 15 of the form, which you
ma)'· cop~· as many times as needed to give you a separate page for each ground, with
each ground numbered in sequence. The recitation of the facts supporting each
ground must be no longer than the two pages provided for the ground in the form.
You may include with the form a memorandum of law if ~·ou want to present legal
authorities, but the Court will not consider grounds for relief set out in a
memorandum of law that were not raised on the form. The citations and argument
must be in a memorandum that complies with Texas Rule of Appellate Procedure 73
and does not exceed 15,000 words if computer-generated or 50 pages if not. If you
are challenging the ''alidi~· of your con,·ictinn, please include a summary of the facts
pertaining to your offense and trial in your memorandum.
Rev. 0 I /14/14
' .
UK;T
GROU~I> 0:\E:
£
APPLICANT STATES HE IS ELIGIBLE FOR AN "OUT-OF-TIME APPEAL BECAUSE
OF CONSTITUTIONALLY INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL
ACTS SUPPORTI~G GROUND 0:'\E:
APPLICANT IS NOT CHALLENGING HE
IS SHOWING THIS COURT CAUSE FOR BEING ELIGIBLE FOR AN "OUT-OF-
TlME APPEAL", BECAUSE APPELLATE COUNSEL WAS "CONSTITUTIONALLY
INEFFECTIVE'' FOR NOT RAISING TO THE APPEALS COURT "ACQUITTAL
ISSUES" AND "MORE MERITORIOUS ISSUES" THAT ARE OBVIOUSLY
APPARENT IN THE REVIEW OF THE COURT RECORDS. APPLICANT IS
CURRENTLY ILLEGALLY CONFINED AND RESTRAINED IN HIS LIBERTY
AT THE DALHA-~_!__ UNI_!_ __ .~} 1 1 9 5 0 , F . M. 9 9 8 , DALHART TX. 7 9 0 2 2 .
APPLICANT WILL SHOW THIS COURT EIGHT ISSUES THAT WERE OBVIOUS
AND HAVE NOT BEEN TAKEN INTO CONSIDERATION BY THE COURT OF
APPEALS. THESE EIGHT UNRESOLVED ISSUES ARE "ACQUITTAL ISSUES"
AND "MORE MERITORIOUS ISSUES" THAT SHOULD HVAE BEEN RAISED
BY APPELLATE COUNSEL. APPLICANT ALSO SHOWS THIS COURT THAT
Re\. 01/14'14
.,
' . '
EVEN THOUGH IT HAS BEEN OVER FIVE YEARS SINCE THE DIRECT
APPEAL WAS AFFIRMED, APPLICANT HAS NOT HARMED.OR PREJUDICED
THE COURT AND THAT HE HAS BEEN DELAYED BY GOOD CAUSE IN HIS
PURSUIT OF JUSTICE. APPLICANT WILL SHOW THIS COURT THESE EIGHT
ISSUES "NOT PRESENTED BY APPELLATE COUNSEL" IN THE MEMORANDUM
OF LAW IN SUPPORT OF THIS WRIT. THESE EIGHT ISSUES THAT WERE
"NOT PRESENTED BY APPELLATE COUNSEL'' ARE CONSTITUTIONAL
INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL. AGAIN, APPLICANT
IS NOT CHALLENGING HIS CONVICTION IN THIS 11.07 HABEAS CORPUS
APPLICATION. HE IS ONLY SHOWING THIS COURT THAT HE IS ENTITLED
TO AN "OUT-OF-TIME APPEAL" BECAUSE OF CONSTITUTIONALLY
INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL. THIS IS A ONE
GROUND WRIT FOR AN "OUT-OF-TIME APPEAL". THE LIST OF "ISSUES
NOT PRESENTED BY APPELLATE COUNSEL" IS ON PAGE ONE OF THE
MEMORANDUM OF LAW ATTACHED TO THIS WRIT.
7
R~.!\ . 0 I I 14/14
' ..
GROLJ~D TWO:
N/A
FACTS Slii'PORTI~(; GROliND TWO:
N/A
R~o:\. 01!1-l'l-1
GROlJNI> THREE:
N/A
FACTS SUPPORTING GROV~O THREE:
Ill
R~:'. 0 I I 14/14
N/A
II
RcY. flJ.'J4.'14
GRes, an applicant is a person tiling the application nn his or her own behalf. :'\
petitioner is a person tiling the application on be hal r of an applicant. li.)r cx.ampk. an applicam· s
allomcy. An inmate is a person who is in custody.
The inmate applicant must sign either the "Oath B..:forc a ~~1tary Publit:" before a
nntary pub! il: or the "Inmate. s Declaration .. without a not