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IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of
Criminal Appe als Austin, Texas
201 West 14th1 Street
Austin, Texas 78701
Nema Bardin
P O Box 772
Austin, Texas 78767
512-487-0197
bardimema@vahoo.com
Re: "Emergency Motion for Leave to File" in previously filed Original and Amended Emergency
Habeas Corpus WritNo. WR-78,165-02
Dear.Mr.. AfmM.,
Please find enclosed the "Emergency Motion for Leave to File" in previously filed Writs pursuant tc
f^mlPBarain-
i^tiponer
POBox 772/#
Austin, Texa& 78767
512-487-0197
bardinnema@fyahoo.com
6-1- £0/5
RECEIVED \U
COURT OF CRIMINAL APPEALS
JUN 0 9 2015
Abel Acosta, Clerk
u
(A)
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
6 WRIT NO. WR-78,165-02
PETITIONER PRO SE
NEMABARDIN
P.O. BOX 772
AUSTIN, TEXAS 78767
512-487-0197
bardinnemia@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
JANNA K. WHATELY TRIAL JUDGE
STATE OIF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAX JUSTICE
TABLE OF CONTENTS
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR.
TABLE OF CONTENTS 2 pages
LETTERJOCLjpaC^FTHE COURT 1page
COVER SHEET 1 page
EMERGENCY MOTION FOR LEAVE TO FILE 4 pages
JURISDICTION PAGE 2
PROCEDURAL HISTORY PAGE 2
REASON TO FILE AS EMERGENCY PAGE 3
ADEQUATE REMEDY PAGE 3
1.
TABLE OF CONTENTS CONTINUED PAGE 2
CONCLUSTION PAGE 4
PRAYER PAGE 4
PROPROSED ORDER 1 page
CERTIFICATE OF SERVICE 2 pages
PETITIONER'S OATH 1 page
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02 CHADRICK B. PATE
Clerk of The Texas Court of
Criminal Appeals Austin, Texas
201 West 14th1 Street
Austin, Texas 78701
P O Box 772
Austin, Texas 78767
bardinnema@,vahoo.com
Re: "Emergemcy Motion for Leave to FiTe^in previousfy lifed" Original" andAmended'Emergency
Habeas Corpus WritNo. WR-78,165-02
Please ^nd enclosed the "Emergency Motion for Leave to File" inpreviously filed Writs pursuant tc
WTC- ?& 165-G2:. Fkssc Sk this MrtAjrr rigifr awayas- it is time ssosithv.
NifoijPBardins
4tiponer
POBox 772 ,•
Austin, Texaj> 78767
512-487-0197
bard'mnema@,vahoo.com
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
NEMABARDIN
P.O. BOX 772
AUSTIN, TEXAS 78767
512-487-9197
bardinnemia@yahoo.com
EX PART1E FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ#01563340 THE DISTRICT COURT36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
JANNA K. WHATELY TRIAL JUDGE
STATE OF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL, JUSTICE
EMERGENCY MOTION FOR LEAVE TO FILE
IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR
COVER SHEET
IN THE COURT OF CRIMINAL APPEALS AUSTIN, TEXAS
WRIT NO. WR-78,165-02
PETITIONER PROSE
NEMABARDIN
P.O. BOX 772
AUSTIN, TEXAS 78767
512-487-0197
bardinnema@yahoo.com
EX PARTE FROM CAUSE NO. A-08-5080-4CR
CHADRICK B PATE TDCJ #01563340 THE DISTRICT COURT 36TH JUDICAL
APPLICANT REALTOR DISTRICT ARANSAS COUNTY, TEXAS
VS..
JANNA K. WHATELY TRIAL JUDGE
STATE OIF TEXAS
DIRECTOR OF TEXAS DEPT.
CRIMINAL, JUSTICE
EMERGENCY MOTION FOR LEAVE TO FDLE
IN PREVIOUSLY FILED ORIGINAL WRIT OF HABEAS CORPUS WR-78,165-02 AND
EMERGENCY APPLICATION FOR ORIGINAL WRIT OF HABEAS CORPUS AND BAIL
SEEKING RELIEF FROM A VOID FINAL JUDGMENT AND CONVICTION IN CAUSE NO.
A-08-5080-4CR
PURSUANT TO ARTICLE V. SECTION 5 OF THE TEXAS CONSTITUTION AMENDMENTS 1,
5, 6. and 14 OF THE UNITED STATES CONSTITUTION TEXAS COMMON LAW AND
INHERENT POWER VESTED IN THE TEXAS COURT OF CRIMINAL APPEALS
TO THE HONORABLE JUDGE OF SAID COURT:
WyW COBLES, Yt&uvubi Henra&tcr&ifi tmbete&i ?£ AppVireffACVrato&ft.1??^?; prtsansa iVregjity
confined at the Stiles Unit, Beaumont Texas pursuant to an illegal and void Judgment and Conviction
and respectfully submitsthis Emergency Motion Under Trap Rule 72 For Leave
To File OrigiHialWrit Of Habeas Corpus in Cause No. WR-78,165-02 And
Amended Enuergency Application For Original Writ Of Habeas Corpus.
1.
And Motion for Temporary Relief for Bail Seeking Relief from Void Final Judgment and
Conviction.
JURISDICTION
The Court of Criminal Appeals has Original Jurisdiction under Article V, Section Five of the
Texas Constitution,Amendments 1, 5, 6 and 14 of the United States Constitution, Texas Common
Law, and this Courts Inherent Power. State v. Johnson, 821 S W 2d 609. 612 Tx. Crim. App. 1991,
and Exparte Young 418 SW 2d 824,827 1968.
PROCEDURAL HISTORY
TheOriginal Writ of HabeasCorpusWR-78,165-02 lays out the procedural history before it's May 19*
filing into this Honorable Court. Some of that history is included herein.
The Initial Halbeas Corpus filed pursuant to the Void Judgment in Trial Court Cause No. A-08-508C
-4CR 36th Judicial District Court Aransas County, Texas and made returnable to this court pursuantto
Article 11.07 No. WR-78,165-01 received no "adjudication on the merits " by this court, and the trial
court refused the Writ without findings or holding a hearing. On Dec. 5,2014 Applicant Pate filed
into the trial court a "Motion to Vacate Void Judgment" pursuant to Article 11.07 Jurisdiction. That
court when they were asked stated that they filed the Motion but to date have not acknowledged the
motionin any way. Applicant did amendthat Motionon the 5* Day of January 2015 and asked
numerous tirmes for a decision between the the 5th day of December2014, and the 5* day of January
2J1US.
Filially dri May 18th because that court ignored the rriotidri, Petitioner filed the above rheritidried Writs
and Motions into this Court. Applicant Pate deserved a "hearing" on the merits of his Initial 11.07
Writ and on hds "Motion to Vacate Void Judgment" and was denied such hearing.
Petitionerfiled. ORIGINAL PROCEEDING in this Court WritNo. WR- 78,165-02 on May 19*, 2015
2.
and then AMENDED EMERGENCY HABEAS CORPUS WRIT (with bail request) filed on
June 02,2015. Each filing was delivered by Petitioner in person to the Clerk of this Court.
Petitioner is filling Pro Se, and unschooled in the law and did not realize that it was a required
procedure that a "MOTION FOR LEAVE TO FILE" must accompany the "ORIGINAL WRIT OF
HABEAS CORPUS". Petitioner is still not sure that she has interpreted Rule 72 as a necessary
procedure but in an abundance of caution to avoid any procedural default files this " EMERGENCY
MOTION FOFJ. LEAVETO FILE" incorporating this Motion with all other Writs and or Motions
previously filcdpursuant to Writ No. WR-78,165- 02, and Trial Court Cause NO. A-08-5080-4CR,
CHADRICK IB. PATE.
REASON FOR FILING AS AN EMERGENCY
Because Petitioner failed to file this "Motion for Leave to File " may be the reason that the Original
Writ has not been submitted to a Justice for a determination. Petitioner requests that this Motion and
all Writs and Motions filed in this cause be submitted to a Justice on an Emergency basis and that a
determination be made expeditiously. It has been 19 days since the Original Writ was filed with no
action having been taken by this Court. While Petitioner understands that her inability to file the
paperwork properly at times in this cause has probably delayed the submission to the Justices it
makes Applicant Pates illegal incarceration no less important or illegal. Applicant Pate has been
illegally incarcerated for more than 7 years and Petitioner has offered up the proof of his illegal
incarceration, conviction and judgment by submitting the Trial Courts own Records . Any delay in
making a deteirmination on these matters only prolongs applicant's misery and allows the continuation
of the abuse ofApplicant's rights to "due process" and the right to his liberty. Petitionercontendsthat
this Honorable Court has the power to on it's own motion or by suspending certain rules can grant the
relief that Applicant deserves in a much more expedious way than the tedious and time consuming
3.
requirements of each and every procedure required by the Rules ofAppellate Procedure, and specially
in light of the Trial Court and State's illegal abuse ofprocedures used to convict Applicant of a crime
he did not commit. Applicant believes that under normal circumstances that The Writ of Habeas
Corpus is and expedient process for most prisoners, but the subject of these proceedings are not normal
circumstances„ these are Extraordinary Circumstances, and deserve Extraordinary Attention and
Determinations.
ADEQUATE REMEDY
This Court opiined in Smith v. Flack 728 S W 2d : "In some cases, a remedy at law may technically
exist; howeveir, it may nevertheless be so uncertain, tedious, burdensome, slow, inconvenient,
inappropriate ETITIONER