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MR. JASON T. PEGUES #728196
HUNTSVILLE UNIT
815 12th STREET
HUNTSVILLE, TEXAS 77348
JULY 15,2015
TO: THE COURT OF CRIMINAL APPEALS
CLERK OF THE COURT: ABEL ACOSTA
P.O. BOX 12308
CAPITOL STATION
AUSTIN, TEXAS 78711
Re: EX parte JASON TYRQNE PEGUES V. THE STATE OF TEXAS
IN REFERENCE TO CAUSE NO.94-DCR-OZ6185 HC3 and 94-DCR-026185 HC&
[wR-74,762-03¢oosz-7é,762-Oa¢¢¢le-7£",762_05]»
DEAR CLERK OF THE COURT:
ENCLOSED IS A COPY OF A MOTION THAT WAS FILED IN THE TRIAL COURT IN
REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBERS AND WRITS. IF YOU WILL
PLEASE FILE THIS IN THE COURT SO THAT IT MAY BE TAKEN INTO
CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT.
THANK YOU FOR YOUR TIME AND ASSISTANCE.
SPECTFUL SUBMITTED,
/.¢1(7#%£
AsoN7TY§0NE/PEGUES #72§§%6
APPLICANT.
1 RE@EWE® QN
©@UR'\T OF CPFMHNAL APPEALS
JUL 17 2015
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No.94-DCR-026185 HC3 and 94-DCR-026185 HCA
WR-74,762-O3....WR-74,762-Oh....WR-74,762-05
NOTICE TO THIS HONORABLE COURT
EX PARTE
Jason T. Pegues
mw’mmw’mmw’m
THE FOLLOWING IS TO INFORM THIS HONORABLE COURT THAT A MOTION HAS
BEEN FILED IN THE TRIAL COURT, AND THAT THE APPLICANT HAS SENT A COPY
TO THIS HONORABLE COURT. IN SUPPORT OF SUCH MOTION.SEE:
EX parte POND,418 S.W.3d 94 n.13 (TEX.CRIM.APP.ZOIB):
Best practices include filing all materials with the
Trial Court before the Trial Judge has signed his
Findings of Fact and made his Recommendation
to this court. But an Applicant is not foreclosed from
amending or supplementing his materials even after
application is forwarded to this court, as long as those
materials are filed in the Trial Court.
#728?96
CC/FILE: APPLICANT:
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affidavit that was attached to and refers ched in t.
N§.ga~ntR-ozsias aca and 9a-nca¢ozslasrncq
§
§ IN THE 2a0ch DISTRICT count»,§§
§
Ex Parte
aaaon TYRQNE PEGUES §
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§
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` '§ sent BENn couNTY; TEXAS
Applicent’s Motion Requesting The Court ?o
Hold.HC3 and 304 For 30 Days so Applicant Can
Supplement and Amend The Applications
Comes now, Jason Tyrone Pegues #728196, Applic ant, Pro-se, in the
above styled end numbered cause of action respectfully file this
Motion Requesting The Court To Hold 9a~DCR~026185 HCS and HC& so the
'Applicant CannSupplement Amend the Applications due to the
reconsideration of 96-DCR-026185 HCS and 94»DCR~026185 HC& by this
court based on the perjury made by attorney Cary M.Faden in his first-
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tate‘s earlier
res ponds to both third and fourth writs of havens ccrpus. The
applicant would also like to show this chorable Court the following:
PROCEDURAL HISTORY
Applicant filed his initial application ll.O7 (HCB) around
§§E£g§£zm lolZOlé and on Au§ust_ 27, _2014, the €ourt of Griminal appeals
_..--_.
denied the writ without written order. On December 10, 201&, applicant
'“¢_u-.--_.~~¢-.,--_~_¢-
'filed a szb assn ment application 11.07 C3CA)[WR~ 7A,762- -Oa] and on
` March 442015 the Court OF Criminal Appeals Dismissed the application
without written order, in which this court reconsidered (HC&) and on
June_lG¢Z§l§, the Court of‘Criminsl Appeals Dismissed 804 {WR-7&,762-
a
_d5g!without written order. Applicant then filed a post-conviction
Motion For Forensic DNA Testing, and upon the State Inves tigating the
DNA Testing Motion, on Ju§§‘lg_ggl§, the State filed. a Supplémental‘
:Amended Ans"er and Supplemental Amended Findings of Fact & Conclusione
’of Law, Reconsidering the applicant' s applications QA-DCR- 026185 HC5
and 94-DCR-026185 HC& due to the perjury and error made by attorney&
Cary M.Fadsn in his first affidavit which was attached and referenced
.in the State's responses to applicant’s third and fourth writs, and
for the Respondent contacting Judge Devid Newell regarding his
thodghts on the enplicent's third application.
PUR?OSE GF HOTION
Due to the reconsideration of the applicant°s third and fourth”
writ for haheas corpus based on the State's perjury and errcr, the
applicant is requesting that this Honorable Court hold the applicant's
applications HCS end HCQ for 30 days from the date of filing this
Motion so that applicant can Supplementaand Amend the applications
which sets recons'deze d. See Ex ?arte ?GND,elS S=H.Bd 95 n.13 (Tex.
§§i&;飣i§§l§)‘
Best practices include filing all materials with the
Trial'Court before the Trial Judge has signed his
_Findings of Fact and made his Recommendation
to this Court. But an Applicant is not foreclosed from
amending or supplementing his materials even after
Application is forwarded to this Court,ns long as those
materials are filed in the Trisl Court.
The applicant also request that the applicant be appointed to’
counsel based on the facts, the record, surfacing the many unresolved
issues in the current proceedings of this case g§l§§. With the
-¢2-
epslicant being Pro~se and laymen of the law, there ere some filings
that can be filed unknown to the applicant which could assist bin in
these proceedings or harm him , Upon being appointed counself‘the
applicant request that the appointed counsel do not file enythin;
until the applicant and the appointed counsel have discussed all'i
area’
\'.D
of the proceedings, asking this Honorable Court to order the
appointed counsel to show proof that the applicant end appointed
counsel have done as such.
Lastly, the applicant request anLive Evidentiery Heering based on
.jx
the credibility of all those who have responded to the hebeas_corpus
cproceedings as well se the DNA lasting Metion Investigetion that is
d ,.
currently active in this cese.astmorney Cary M.Faden was very aware of
what the DNA test results were because he wes the one who cross~
ex mined the crime lab ciiminalist Monica Thompson. The bottom line
m
5
is t at if the avplicent would not have filed a Motion For ?crensic
DNA Testing, attorney Cary M.Faden's perjury would not have possibly`
ever came to light. So the question is what other lies have been told
and how long have these false end slendering statements been stated.
()
Out of all these pr ceedings, the applicant only request for a New
Punishment'&earing* Howeeer, fectuslly, legally, sss procedurally there
are some unresolved issues thstqneeds to be addressed and fairly
adjudicates.
' males
HHEREFORB PREHISES CCH$IDERED, epplicsnt, JaHon Tyrone Pegues'#728196,
respectfully prays that this Honorable Court grant this Motion
requesting the court to hold HC3 and HC& for 30 Days so applicant can
Supplement and Amend the applécaticns, as well as aspoint the
applicant to counsel for the habeas proceedings and DNA Testing
proceeding. Baaqd on the perjury and error by the State, questions the
etdibility of those representing the State who have spoken and responded in
proceedings pertaining to this case §§l§§.TThe applicant prays that this
Honorable Court agrees that a Live Evidentiary Heating is reasonable and
entitled to the applicant. Over-all the applicant prays that this Honorable
Court heve mercy and grant this Motion that has been presented respectfuliy
to this Honorable Court.
EXECUTED ON THIS l5th
.--~
day of gggg,zols.
Respectfully Submitted,
%W¢Z
.soH T. §EQHES #723193 éz“
HUNTSVILLE UN:T
alzth 12th sTREET
HUNTSV;LLE, TEXAS 773&8
CERTIFICATE OF SERVICE
I,Jason Tyrone Pegues #728196, The applicant, being :esently confined
in walker Couhty, Texas do hereby affirm that 1 have delivered the original
of this Motion Requestin@ The Court.To Hold HE$ and HC& For 30 Days 30
Appg§pant Can Supplement and Amend The Applications to the prison mailroom
-officials for delivery to the §oilowing via U.S.Postal Service;
THE DISTRICT CLERK, ANNIE REBECCA ELLIOTT
OF FORT BEND COUNTY
ZAOth JUDICIAL DISTBICT COURT
HONORABLE JUDGE THOMAS R.CULVER,III
301 JACKSON STREET
RICHMOND, TEXAS 77&69
A copy of this Motion has been forwarded toe
THE COURT OF CRIMINAL APPEALS
?.0. Box 12308
Capitol Station
Austin, Texas 78711
’£iley
ccffile:
INHATE DECLARATION
I,JASON TYRONE PEGUES #728196, Presently inearcezated in Walker County,
Texas hereby declare under the penalty of perjury that the above
mentioned in my Motion Requestlng 'be €ourt To Hcld 803 and HC& For"
30 Day§ so Applicant Can Supple§enteénd Amend TEe Application§ is true
and correct.
Si;ned on this liga day of §§LX,ZOlS.
Respectful ”rbmitted,
7: zQy/%
ASOH T. PEGUES #728196 x
Applicant:
HUNYSVILLE UNIT
8;5 12th sTREET
HHNTSVILLE, TEXAS ?73a3