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Texas Court of Criminal Appeals March 16,2015
Attn: Mr. Abel Acosta, Court Clerk
P.O. Box 12308, Capitol Station
Austin, Texas 78711
RE: Ex Parte Eliseo Rivera, Jr., Trial Cause No. Cf^f^
Appellate No. 07-09-00332-CR ML
COURTOPCRIMINAUPPEAIS
Dear Mr. Acosta, APR 20 2015
Enclosed, please find Applicant's Requesting Premission for
Leave of Court in Order to file Applicant's Motion ^^Sl^Q@S^ <^@flf
Proceedings. Please file Said Documents among the papers in the
above styled, and numbered cause. Furthermore, please perform the
proper procedures so that, a time, and date may be set for it's
hearing.
In addition, Applicant has enclosed a self-addressed stamped
envelope, and two copies of this cover letter so that, if you could
please stamp one copy, and return to verify your receipt.
Applicant sincerely appreciates your assistance.
Best Regards,
?>^9 ,/W^f;
4*/fSZ6{
Eliseo Rivera,. Jr. T.D.C.J. #1617277
Dalhart Unit
11950 Fm. 998
Dalhart, Texas 79022
Texas Court of Criminal Appeals ; March 16,2015
Attn: Mr;. Abel Acosta, Court Clerk
P.O. Box 12308, Capitol Station
Austin, Texas 78711
RE: Ex Parte Eliseo Rivera,.Jr., Trial Cause No. CR-09E-061A,
Appellate No. 07-09-00332-CR
Dear Mr. Acosta,
Enclosed, please find Applicant's Requesting, Premission for
Leave of Court in Order to file Applicant's Motion for Stay of
Proceedings. Please file Said Documents among the papers in the
above styled, and numbered cause. Furthermore, please perform the
proper procedures so that, a time, and date maybe set for it's
hearing.
In addition, Applicant has enclosed a self-addressed stamped
envelope, and two copies of this c^ver letter so that, if you could
please stamp one copy, and return to verify your receipt.
Applicant sincerely appreciates your assistance.
Bejifc Regards,
Eliseo Riveraf Jr. T.D.cTj. #1617277
Dalhart Unit
11950 Fm. 998
Dalhart, Texas 79022
Trial Cause No. CR-•09E-•061A
Appellate No . 07 -09 -00332--CR
Ex Parte § In the Texas Court of
Eliseo Rivera, Jr. § Criminal Appeals
* § Austin, Texas
Applicant's Motion for Stay of Proceedings
To the Honorable Justice(s) of Said Court:
Comes Now, Eliseo Rivera, Jr. T.D.C.J. #1617277, hereafter
Applicant, Pro Se, and humbly requests Permission for Leave of Court
in Order to file .Applicant's Motion for Stay of Proceedings pursuant
to the Texas Rules of Appellate Procedure, Rules 10.1, 10.2, and 52.
10.. x
In support of Applicant's request for temporary relief, Applicant
brings forth before this Honorable Court the following facts:
I.
On March 25,2015, the 222nd Judicial DistrictjCourt of Deaf Smith
County, Texas,' (trial court) , filed it's Findings of 'Fact, and Conclu
sions of Law regarding Applicant's Writ of Habeas Corpus Art. 1.1.07
via Affidavits from trial counsel, Mr. Chris Hesse, and Appellate
Counsel, Mr. Daivd Martinez.
Thereafter, Applicant received his copy of the trial court's
determinations on March 30,2015. Upon Applicant's review of Said
trial court's findings, Applicant discovered severe discrepancies of
constitutional magnitude.
II.
For instance, Applicant contends in his Art. 11.07, Ground One
that, the State engaged in Prosecutorial Misconduct. In addition,
Applicant has presented a persuasive argument supported by evidence
embeded in the record accompanied by the proper authoritative State
Statutes, and State, and Federal case law to support his contention.
While on the other hand, trial court contends that, the State did
not engage in Prosecutorial Misconduct. But, the trial court fails
to provide or direct this court to any proper State Statute nor does
it cite any proper case law to support, it's Findings.
III.
Therefore, Applicant requests that this Honorable Court grant
this Stay for 14 days in order to afford Applicant an opportunity
to exercise his 14th U.S. Const. Amend. Right, Due Process of the
Law. And,.;afford Applicant an opportunity to timely submit his
Rebuttal along with accompanying Motions contesting the trial court's
Findings. So that this Honorable Court may take into account Appli
cant's evidence before it renders a decision on Applicant's Art. 11.
I
07.
Prayer
Wherefore, All Things Considered, Applicant prays that, this
Honorable Court grant Applicant permission for leave of court in
order to file Applicant's motion for stay of proceedings for 14 days,
and any other appropriate relief this Honorable Court deems Applicant
is entitled to. Bayoil Supply., and. Trading v. Jorgen Jahre Shipping,
54F.Supp,2d 691, 694 (S.D. Tex. 1999) citing Coastal (Bermuda) Ltd.
v. F.W. Saybolt & Co., 761 F.2d 198, 203 n.6 (5th Cir. 1985); ACF
Industries Inc v. Guinn, 384 F.2d 15 certiorari denied.88 S.Ct. 1039,
390 U.S. 949, 19 L.Ed.2d 1140. In-order to-preserve Applicant's 1st,
4th, 5th, 6th, 8th, • 10th, and 14th U.S. Const. Amend. Rights, and
applicable sections of the Texas Const.
taUs&s^r^/£^iA
yfc'i
Eliseo Rivera Jr. #16W277
Certificate of Service
I, the undersigned hereby certify that, a true, and correct
copy of the foregoing has been forwarded by U.S. Mail, Postage Pre
paid, First Class to the District Attorney's Offipe of Deaf Smith
County, Texas, at 235 E. 3rd Street, Rm. 401, Hereford, Texas 79045-
5593.
Eliseo Rivera, Jr. #16172^7
Inmate Declaration
I, the undersigned, declare under penalty of perjury that the
foregoing is true, and correct. Executed in the Dalahrt Unit in
Hartley County, Texas, on this the 16th day of March, 2015.
Respectfully Submitted,
Eliseo Rivera, Jr. T.D J. #1617277
Dalhart Unit
11950 Fm. 998
Dalhart,. Texas 79022
Rivera, Eliseo Jr.
Combined Opinion