'_|L, ij (IZ`O_§)O%Q§‘ 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 AF@@HA©@SE@,©H@W< lofl 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: .5\`<. " 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 § ~ ' oF § § _ ` '§ 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- "J' ¢'3 CQ 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