JANE HALL
JANET McCONATHY COURT COORDINATOR
COURT REPORTER jhall@co.hill.tx.us
jmcconathy@co.hill.tx.us
IDA ALCALA
ASST. COURT COORDINATOR
ialcala@co.hill.tx.us
October 7, ~015
RECEiVED IN
Sharon Keller, Chief Justice COURT OF CRIMINAL APPEALS
Court of Criminal Appeals
P. 0. Box 12308 NOV 16 2015
Austin, TX 78711-2308
Re: No. WR. 83,797-01
In re: Darrell Curlee
Dear Judge Keller:
I am new to the process of responding personally to an Application for Writ of
Mandamus. One ofthe briefing attorneys that I spoke with at the Court of Criminal Appeals said
that I could do so in letter form.
I am a little confused over the filing of the Writ with your Court as the applicant entered
into a plea agreement and was sentenced on July 31, 2015. I am attaching certified copies of
each filing from Mr. Curlee's trial court file collectively as Exhibit A. I have also included a
letter that I received from Mr. Curlee complaining about his trial counsel just before I appointed
Mr. Lyle Gripp as additional and lead counsel. That letter is attached as Exhibit B. I have
included a copy of the Order Appointing Mr. Gripp as Exhibit C. As you can see, the
appointment does not remove Mr. Russell, it merely adds additional counsel.
I
This was done for two reasons. First,.Mr. Curlee complained. Second, at about the same
time as the appointment of Mr. Gripp, I learned of a troubling series of events that led me to
question Mr. Russell's fitness to practice law.
When I served as the Judge of the County Court at Law of Hill County, I was, from time
to time, assigned to sit as the Judge of the 66th District Court. One of those assignments was in
Cause No. 37228, State of Texas v. James Ryder. Terence Russell had been appointed to
represent Mr. Ryder by the Honorable F. B. McGregor, Jr., prior to my assignment to the case. I
set the case for a jury trial on August 27, 20 14; however, I fell ill and the Honorable Alan
Mayfield, Retired Judge ofthe 74th District Court of McLennan County, was assigned to preside
over the jury trial.
Mr. Ryder faced three felony counts. The first count had a range of punishment from 25
years to life, the second count was from two years to 20 years, and the third count was from two
years to 10 years. Ultimately, the juryfound Mr. Ryder guilty and sentenced Mr. Ryder to 99
years, 20 years, and 10 years, respectively. Although Mr. Ryder had been deemed indigent and
had counsel appointed to him, no Ake v. Oklahoma or similar motions were filed with the court
seeking funds for expert witnesses, investigators, or any other assistance.
Mr. Ryder has now hired the Honorable Kristin R. Brown of Dallas to represent him on
appeal. Ms. Brown filed a Motion for New Trial wherein she alleges that Mr. Russell required
Mr. Ryder to provide $1 ,500 so that an expert could be hired. That expert, Dr. Trent Terrell,
required a fee of only $1,000 for his testimony. Unfortunately, because of an alleged
miscommunication, Dr. Terrell never appeared at the trial. Dr. Terrell did return an uncashed
$1,000 check written from Mr. Russell's personal checking account. A $1,000 check was
subsequently written to Mr. Ryder or his fiance as a refund. That check was not written on an
IOLTA trust account but instead seems to come from Mr. Russell's and his wife's personal bank
account. To this day, Mr. Russell has failed to account for or return the other $500 that he
required the indigent defendant to tender to him.
I have attached as Exhibit D a copy of the Motion for New Trial, together with the
Affidavits of Dr. Terrell and Larenda Nichole Watkins (the fiance of Mr. Ryder who paid Mr.
Russell the $1 ,500), along with a copy of the check that refunded the money to Mr. Ryder, and
the receipt from Mr. Ryder when the money was deposited with Mr. Russell.
I have attached as Exhibit E the transcript of the hearing on the Motion to Rescind and
Second Motion for New Trial filed by Mr. Ryder wherein Mr. Russell testified that he did not
maintain a trust account, and that he used his personal account for his client trust account. Also
attached is the attorney fee voucher and proof of payment by Hill County to Mr. Russell for
representing Mr. Ryder.
Further, there is presently a case before your court styled In re Thomas Eric Lee, WR.
81,722-01. Mr. Russell represented Mr. Lee at the trial court and Mr. Lee has now alleged that
Mr. Russell coerced him into pleading no contest. Mr. Lee alleged that Mr. Russell told him
"that he was going to be elected district judge and Mr. Lee better hurry and plead to the charges
because counsel would throw the book at him once counsel took the bench."
Attached as Exhibit F is a copy of the transcript from the hearing conducted as a part of
the Order issued by the Court of Criminal Appeals. Mr. Russell testifies, but never
unequivocally denies telling Mr. Lee what he was alleged to have said.
I believe Mr. Lee's assertion to be true because in a previous case, another defendant,
Curtis Fields, made an allegation that "Russell emphasizes that he is utilizing political strategies
to win votes for the up-coming judge's position." Attached as Exhibit a'is a copy of Mr. Fields'
complaint. The above referenced allegation is made at the top of page 4.
Because my understanding is that I have a fiduciary duty to appoint competent counsel
for indigent defendants, and because of my growing concerns regarding Mr. Russell, I appointed
additional counsel to an indigent defendant. I have also complied with my duty to report \
misconduct to the State Bar of Texas as a result of the trust account issues referenced above.
Cc: Terence Russell (w/o attachments)
Mark Pratt (w/o attachments)
Lyle Gripp (w/o attachments)
EXHIBIT A . ·
..
"' \
·~-
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INDICTMENT
CAUSENO. 3Jt±58
THE STATE OF TEXAS VS. DARREL ALLEN CURLEE
CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON
AGGRAVATED ASSAULT THREAT-WITH A DEADLY WEAPON
-..
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
THE GRAND JURY, for the County of Hill, ·State of Texas, duly selected,
empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,
2012 of the 66th Judicial District Court for said County, upon their oaths present in and to
said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant, on or
about the 15TH DAY OF JUNE 2012 and before the presentment ofthis indictment, in the
County of HiJI and State aforesaid, did then and there unlawfully, intentionally or knowingly
or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,
and the defendant did use or exhibit a deadly weapon during the commission of the assault,
to-wit: a knife, that in the manner of its use-or intended use was capable of causing death or
serious bodily injury.
And it is further presented that prior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 25th day of February 1983, in the District Court of San
Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name of Darrerll Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then
legally pending in said last named Court and of which said Court had jurisdiction; and said
conviction was a final conviction and was a conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commission of the primary offense.
A CERTIFIED COPY I
ATIEST g_ -,~
ANGELIAORR
.201£._
DISTRICT CLERK
HILL COUNTY. T
·~·
And it is further presented that before the commission of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 91h day of May I 989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
And it is further presented that on or about the tsm DAY OF JUNE 2012 in the County of
Hill and State of Texas, the defendant, DARREL ALLEN CURLEE , did then and there
intentionally or knowingly threaten Jerry Wayne Vessells with imminent bodily injury by
attempting to cut and/or stab him with a knife and the defendant did use or exhibit a deadly
weapon during the commission of the assault, to-wit: a knife, that in the manner of its use or
intended use was capable of causing death or serious bodily injury.
And it is further presented that prior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 25th day of February I 983, in the District Court of San
Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name of Darrell Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then
legally pending in said last named Court and of which said Court had jurisdiction; and said
conviction was a final conviction and was a conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commission of the primary offense.
And it is further presented that before the commission of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
NO. 37,458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § IDLL COUNTY, TEXAS
WAIVER OF ARRAIGNMENT
The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial
arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time
of trial, and enters a plea of not guilty.
The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen
Curlee and agrees that the cause be set for trial in the courtroom ofthe 66th Judicial District Court
ofHill County, Texas.
SIGNED on September 6, 2012.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, TX 76645
245-396-3219
254-582-5593 (facsimle)
~~w/?.4
Terence A. Russel)
State Bar No. 17437070
,_,2f'L ~ Attorne~:~:~len Curlee ..- _ d L?
.,....._ -7 '7' ~ .,t.,__ - ~ ~ ~
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Approved by~: ., J f) '
Signed on , /L~ / y ,)J( 2-c:::= .
(OPV
N0.37,458
STATK.OF TEXAS ·§ IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
: WAIVER OF ARRAIGNMENT
The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial
arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time
of trial, and enters a plea of not ~ilty.
The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen
Curlee and agrees that the cause be set for trial in the courtroom of the 66th Judicial District Court
ofHill County, Texas.
SIGNED on September 6, 2012.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at: Law
POBox306
Hillsboro, TX 76645
·o 245-396-3219
254-582-5593 (facsimle)
~~uJ'?A
Terence A. Russell
State Bar No. 17437070
J1,j_ £.4 /e?r~ ~ J. ~yfor Darrell Allen Curlee
u· .t4.. ~ ,.- z_ u.
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Approved by . Court: ~- /'/
~~-- JUDGE P IDING
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A CERTIFIED
ATTEST l.. ~ I .20
ANGELIAORR
DISTRICT CLERK
HILL. COUNTY. T
BY
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09/25/2012 08:14
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Job No. : 033502 Total Time: o•oo'l7" Page: 002
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•·/ ,'
CAUSE NO. 37,458
THE STATE OF TEXAS § IN THE 66'1'11 JUDICIAL
§ DISTRICT COURT OF
I HILL COUNTY, TEXAS
$E'tTJNG ORQEBS
THIS CASE IS ORDERED SJT FQR
1.. _XX_PRE-TRIAL MOTIONS IIEAlUNG
UNDERARTICLEl8.01CCPSETON-OCTOBER 18,2012 9:00A.M.
)
l._XX_FINALPRE-TRIALCON.FERENCE-NOVEl\tiBER 13,201.2 9:00 A.N.f..
3. _XX_JURYTRW.JSSETFOR--JANUARY 14,2013 9:00A.M.
4. _PIAAIS SBTFOR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __
No. Date and Time Destination Times Type Result Resolution/ECH
001 09/25/12 08: 14 Terence Russell o•oo·1r FAX OK 200xl00 Normal/On
[ QWGOXOB415 ]
l
CAUSE NO. 37,458
THE STATE OF TEXAS §
vs. §
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
ORDER APPOINTING A DISINTERESTED EXPERT
TO EXAMINE DEFENDANT
It is ORDERED that Dr. Veri 0. Childers, Jr. is hereby appointed to examine
DARRELL ALLEN CURLEE, Defendant in the above entitled and numbered cause, for the
purposes of determining whether Defendant is competent to stand trial and whether Defendant
is or was a person with mental illness at the time of the alleged offense or offenses.
The Defendant, DARRELL ALLEN CURLEE is in the Hill County Jail on charges of
Aggravated Assault with a Deadly Weapon and Aggravated Assault-Threat-with a Deadly
Weapon, felony indictments.
The meaning of competency to stand trial is whether the Defendant has sufficient
present ability to consult with defense counsel with a reasonable degree of rational
understanding and whether the Defendant has a rational as well as factual understanding of
the proceedings against him.
For the purpose of competency you should determine whether if at the time of the
conduct charged, Defendant, as a result of mental disease or defect, did not know that his
ORDER APPOINTING A DIS!NIERESTED
EXPERT TO EXAMINE DEFENDANT
1
conduct was wrong. The term "mental disease or defect" does not include abnormality
manifested only by repeated criminal or otherwise antisocial conduct. IT IS FURTHER
ORDERED that the examiner appointed herein submit a written report ofthe examination to
the Court within thirty (30) days of the date of this ORDER, including a description of the
procedures used in the examination, the examiner's observations and findings pertaining to the
Defendant's competency to stand trial, and the recommended treatment. If the examiner
concludes that the Defendant is incompetent to stand trial, the report must also state the
examiner's observations and findings and whether there is a substantial probability that the
Defendant will attain the competency to stand trial within the foreseeable future.
' report be submitted to the Court setting
IT IS FURTHER ORDERED that a separate
forth the examiner's observations and findings concerning:
1. Whether the Defendant is a person with mentally illness (and meets the criteria
for court-ordered inpatient mental health senrices under Subtitle C, Title 7, Health and Safety
Code.
2. Whether the Defendant is a person with mental retardation and meets the
criteria for commitment to a residential care facility under Subtitle D, Title 7, Health and
Safety Code.
3. Whether the Defendant was sane at the time of the alleged offense~.
IT IS FURTHER ORDERED if the examiner is a physician and concludes that the
defendant is a person with mental illness, the examiner shall complete and submit to the court
a Certificate of Medical Examination for Mental Illness. If the examiner is a physician or a
licensed psychologist and determines that the defendant is a person with mental retardation
and if the determination has been made in accordance with the standards established by
ORDER APPOINTING A DlSlNTERESTED
EXPERT TO EXAMINE DEFENDANT
2
' '
Section 593.005, Health and Safety Code, the examiner shall submit to the court an affidavit
setting forth the conclusions reached as a result of the examination.
SIGNED this the :2. fl day of *-r: '2012.
·~~7~
F. B. (Bob) McGregor, Jr., Judge
66th Judicial District Court
Hill County, Texas
ORDER APPOINTING A DISINTERESTED
EXPERT TO EXAMINE DEFENDANT
3
NO. 37,458
STATE OF TEXAS IN THE 66TH JUDICIAL
VS. DISTRICT COURT OF
DARRELL ALLEN CURLEE HILL COUNTY, TEXAS
230 S. Waco St. #108
Hillsboro, Tx 76645 ORDER
TO: DARRELL ALLEN CURLEE
You are hereby ORDERED to report to the Hill County Community
Supervision and Corrections Department at 126 South Covington
Street, on the North end of the Hill County Courthouse Annex,
Hillsboro, Texas, at 8:00A.M., TUESDAY, DECEMBER 11, 2012. You
are further ORDERED to provide the interviewing officer with true
answers to questions concerning your criminal history, social
history, work history, educational history and medical history.
All information obtained is for the purpose of a PRE-SENTENCE
INVESTIGATION required by Section 9, Article 42.12, Texas Code of
Criminal Procedure, and the report will be handled in accord with
said Section. ~""!:r:~
-~. -~ ,:;~
:,:Ill
. :-
SIGNED this 3rd day of October, 2012. ·... ;
-ka.-. ~-,)- .~
~--~--~=-~~~~~~---=----~
F. B. (Bob) McGREGOR, JR. a
PRESIDING DISTRICT JUDGE -a
ALLEGED OFFENSE: AGG ASSLT W/DEADLY WEAPON
AGG ASSLT W/DEADLY WEAPON
ccm/frms
A CER.TIFIED ~OPY
ATTEST .X - 3 /
~~~.,...;-.,.~_.20~
1 r
ANGELIAORR
DISTRICT CLERK
HILL COUNTY. TEXAS
BY
.,
Veri 0. Childers, Jr., Ph. D.
192HCR4319
Milford TX 76670
(817) 707-6010
Defendant: Curlee, Darrell A.
County: Hill
c:::.!;ause #: 37,45~
Date of Evaluation: 10/10/2012
Date of Report: 10/16/2012
. '
Specific Issues for Evaluation: Mr. Darrell A. Curlee is referred by the Honorable F. B.
McGregor, Jr., Judge of the 66th District Court for evaluation of his competency to stand trial.
The CoUrt requests information in regard to two questions: (1) does the defendant have a
rational and factual understanding of the nature of the proceedings againsthim; and (2) does the
defendant have sufficient present ability to consult with his attorney with a reasonable degree of
rational understanding. The Court also seeks information as to his sanity at the time of the
alleged offense and at present.
Disclosures: Prior to any evaluation procedures, Mr. Curlee was provided with the following
information and disclosure about the nature and purpose ·of this evaluation.
The Court has ordered an evaluation ofyour mental status and characteristics
with respect to the upcoming legal proceedings that you face. The information
obtained during the evaluation process will be used in legal hearings about the
charges pending against you, and I will be evaluating your competency to stand
trial as well as your sanity. As part of this evaluation, I will be asking you a
number ofquestions about your personal history as well as using standard
procedures and instruments to gather information. What we say and do during
the course of this evaluation is not privileged, private, or confidential. I am not
treating you in a doctor-patient relationship. Regardless ofhow you participate
or cooperate, I will write a report. The report will go to the Court, the
prosecutor, and your attorney. As a result of the evaluation, I may be called upon
by one of the attorneys to testify in the proceedings. Do you have any questions?
Prot(<..u Cr>oo'At.ultor
'P. 0. l!D,X.5:116
Hllld>oro. 'IX}'6645
~--+1}1;1'
!~Sf~~ FAX
FAX
TO:
·n(rQ...,o.._ Rvs<;c l \
~-S<4.;!- ""~.3
RE: DARREU. ALLEN C'URl..EE
IN .JAILr 181ns C]No
CHARGJ!.! JAIL JD 55831
PAGES: INCLUDING COVER 1
DATE: 8fJYJZ
CC:
COMMENTS:
TinS PAX CONTAINS CONFIDBNrw) INFORMA noN. IF YOU ARE NOT TilE INTENDED
RECIPIENT OF lli!S FAX, PLEAS.E CONTACT INDIGENT DEFENSI! OFFICE.
-·
.-
STATE OF TEXAS § IN THE DISTRICT COURT OF
vs § HILL COUNTY, TEXAS
66TH JUDICIAL DISTRICT
DARRELL ALLEN CURLEE
Dear Mr. Curlee, August 13,202012
After reviewing your application for Court-Appointed Attorney, the appointing
authority hereby appoints you MARK MORRIS, as your attorney, who can be
reached as follows:
2121 W. WACO DR
WACO, TX 76707
254-752-1254
NEXT COURT DATE: -NO DATE AT THIS TIME
THANK YOU,
IDA ALCALA
INDIGENT DEFENSE
COORDINATOR
/
(
,---------------------------
'
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT.-·' -:.·;~.
.... . . ....
§ ;.:::,
~.)
. ~~::.:;
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § fiLL COUNTY, TEXAS --
MOTION FOR CONTINUANCE -':?. ~-
.,:..-~
\,•)
if
TO THE HONORABLE JUDGE OF SAID COURT:
. Now comes Darrell Allen Curlee, Defendant, and files this Motion for Continuance of
this cause from its present setting of February 25, 2013 and shows the following:
1. This motion is filed in accordance with Article 29.03 of the Texas Code of
Criminal Procedure.
2. Counsel for Defendant is involved in a OWl with Child Passenger trial on
February 25, 2013, State vs. Vicki Sanchez, cause number CR11916 in the 355th Judicial
District Court of Hood County, Texas. This is the 41h trial setting of this case.
3. This motion is not made for purposes of delay but that justice may be done.
WHEREFORE, PREMISES CONSIDERED, Defendant ptays that the Court enter its
order continuing this cause until some future date, or, in the alternative, sets this motion for
hearing.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, TX 76645
245-396-3219
254·582-5593 (facsimle)
A CERTIFIED~OPY }
ATIEST l_ -l .20.1.1.
ANGELIAORR
DISTRICT CLERK
HILL COUNT TEX
BY
·~ .
~.
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Allen Curlee
VERIFICATION
STATE OF TEXAS §
§
COUNTY OF HILL §
ON THIS DAY personally appeared Terence A. Russell, who, after being placed under
oath, stated the following:
"My name is Terence A. Russell and I am the attorney of record for Darrell Allen Curlee
and have been so at all material times relevant to this proceeding.
"I have read the Motion for Continuance and every statement is within my personal
.___1~4~
knowledge and is true and correct."
Terence A. Russell
Sworn to and subscribed before me on --=-:h~f.L""':r-t.u'=:--=-=-=~~;.r;::---'--(~-2<-J---'1......:3;;;__--:--::..---
~~
NOTARY PUBLIC
SUSAN M. RUSSEll
UY COMMISSION EXP1AES
January 21, Z015
This is to certify that on February 14 2013, a true and correct copy of the above and
foregoing document was served on the District Attorney's Office, Hill County, 3rd Floor, Hill
County Courthouse, by hand delivery.
Terence A. Russell
• ••
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66th JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
NOTICE TO CLERK OF COURT:
~
This motion is to be considered .EX PARTE and Is filed for purposes of the record. Th~
motion is required to be SEALED, by law, and disclosure shall be made ONLY to the
TRIAL COURT and COUNSEL FOR DEFENDANT.
MOTION TO PROCEED EX PARTE AND
MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE
THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS
INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and
through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with
regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth
Amendments to the United States Constitution, Article I, Sections 3, 3a, 10, 13 and 19 ofthe Texas
Constitution, and Article 26.05(d) of the Texas Code of Criminal Procedure, to appoint an expert
in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for
good cause shows the following:
Factual Matters which establish Need for Expert Assistance
The charged offense of aggravated assault with a deadly weapon occurred at a time when
Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with
schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations
regarding the character of the actors and his involvement in the event.
Need for Expert Assistance
Defendant has timely filed his intent to assert his insanity defense. Without expert assistance,
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page I
I
evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee
Curlee's sanity at the time of the offense.
3. IfDarreU Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will
be deprived of due process, due course, and equal protection of the laws, the effeetive assistance of
counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present
evidence on behalf of the defense, and the right to explain or deny evidence presented against the
defense in the punishment phase, in violation of the Sixth ruid Fourteenth Amendments to the United
States Constitution and Article I, Sections 3, 3a, 10, 13 and 19 of the Texas Constitution.
WHEREFORE, PREMISES (;ONSIDERED, Darrell Lee Curlee requests that this Court
consider this motion and order that sufficient funds be provided to the Defense to have a competent
psychiatric or psychological expert assist in the investigation, evaluation, preparation and
presentation of the defense.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
P0Box306
· Hillsboro, Texas 76645
Tel: (254) 396-3219
Fax: (254) 582-5593
)ly., £Autle ~
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Lee Curlee
BEFORE ME, the undersigned authority, on this day personally appeared Terence A.
Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.
/
Sworn to and subscribed before me on 1-~ /3) 2 0 f-3 ·
NOfii~fl~
MOTION TO PROCEED EX PARTE AND MOTI N FOR APPOINTMENT OF EXPERT ASSISTANCE Page 3
·~
NO. 37458
STATE OF TEXAS § IN THE DISTRICT COURT
§ ~
1 ~
vs. § 66 JUDICIAL DISTRICT
h
§
DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS
NOTICE TO CLERK OF COURT: -..
vJ
This motion is to be considered EX PARTE and Is filed for purposes of the record. Tht?
motion Is required to be SEALED, by law, and disclosure shall be made ONLY to the
TRIAL COURT and COUNSEL FOR DEFENDANT.
MOTION TO PROCEED EX PARTE AND
MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE
THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS
INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.
TO THE HONORABLE JUDGE OF SAID COURT:
Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and
through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with
regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth
Amendments to the United States Constitution, Article I, Sections 3, 3a, I 0, 13 and 19 of the Texas
Constitution, and Article 26. 05(d) of the Texas Code of Criminal Procedure, to appoint an expert
in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for
good cause shows the following:
Factual Matters which establish Need for Expert Assistance
The charged offense of aggravated assault with a deadly weapon occurred at a time when
Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with
schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations
regarding the character of the actors and his involvement in the event.
Need for Expert Assistance
Defendant has timely filed his intent to assert his insanity defense. Without e~pert assistance,
MOTION TO PROCEED EX PARTE ANO MOTION FOR AI'POINTMENT OF EXPERT ASSISTANCE Page I
• f
counsel cannot effectively present this defense to the jury and additionally is without the necessary
knowledge to understand the nature of Defendants mental condition as far as mitigation evidence
in the punishment phase of this case, provided he is found guilty.
Legal Basis for Expert Assistance
The United States Supreme Court held that an indigent defendant has a constitutional right
to the assistance of a competent, independent expert. See Ake v. Oklahoml!, 4 70 U.S. 68 (1985). The
purpose of this holding is to ensure that indigent defendants are given the same due process as .
wealthier defendants, including, and perhaps especially, the right to the effective assistance of
counsel. ld
Appointing an expert whose purpose is to assist the court and whose findings are made public
necessarily renders such an expert incapable of an undivided loyalty to the Defendant. Appointing
any expert other than one whose findings are privileged and whose efforts and advice are rendered
exclusively in the Defendant's best interests, is not an expert rendering assistance to Defendant or
the defense, and therefore the due process requirements of Ake are not met. See Rey v. State, 897
S.W.2d 333 (Tex.Crim.App.l995).
When an indigent accused makes a clear showing to the trial judge that an expert's assistance
is essential to assist in his defense, the judge has a clear duty upon request to appoint an expert to
assist.
Application for Fees
1. In the past, Counsel has spoken with Dr. Steve Karten, a competent and qualified
specialist in the field of forensic psychology or psychiatry. At the time, this expert charged
$2,000.00 to review mental health records; conduct an interview; and perform a psychological and
social history examination and evaluation, including but not limited to a determination whether the
Defendant was insane at the time of the alleged offense; and possibly testify at trial.
2. The services of a psychologist are necessary to enabie Darrell Lee Curlee to prepare
effectively for trial, present favorable evidence and to cross-examine the state's witnesses. The
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page:Z
• i
evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee
Curlee's sanity at the time of the offense.
3. lf Darrell Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will
be deprived of due process, due course, and equal protection of the laws, the effective assistance of
counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present
evidence on behalf of the defense, and the right to explain or deny evidence presented against the
defense in the punishment phase, in violation of the Sixth and Fourteenth Amendments to the United
States Constitution and Article I, Sections 3, 3a. 10, 13 and 19 of the Texas Constitution.
WHEREFORE, PREMISES CONSIDERED, Darrell Lee Curlee requests that this Court
consider this motion and order that sufficient funds be provided to the Defense to have a competent
psychiatric or psychological expert assist in the investigation, evaluation, preparation and
presentation of the defense.
Respectfully submitted,
Terence A. (Tiger) Russell
Attorney & Counselor at Law
PO Box 306
Hillsboro, Texas 76645
Tel: (254) 396-3219
Fax: (254) 582-5593
Jauk~
Terence A. Russell
State Bar No. 17437070
Attorney for Darrell Lee Curlee
BEFORE ME, the undersigned authority, on this day personally appeared Terence A. .
Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.
Sworn to and subscribed before me on 1- ~ I3 J 2 a /..3
.
ti~s·"f\\
}"~
" . ...,.g,·
m:.~-
SUSAN M. RUSSEU
MY COMMISSION EXPIRES
January 21, 2015
NO~~fl~
MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF E~PERT ASSISl'ANCE PageJ
, 1 I
N0.37458
STATE OF TEXAS § IN THE DISTRICT COURT
§
vs. § 66 1h JUDICIAL DISTRICT
§
DARRELL ALLEN CURLEE § IDLLCOUNTY, TEXAS
ORDER
On _ _ _ _ _ _ _ _ _ , 20 ll, came on to be considered Darrell Lee Curlee's Motion
to Proceed Ex Parte and Motion for Appointment of Expert Assistance, and said motion is hereby
(Granted) (Denied)
JUDGE PRESIDING
MOTlON TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISl"ANCE Page4
- - - - - - - - - - - - - - - · - - --- - - -
---------------~----------------------------------------------------------------
HILL COUNTY SHERIFF'S OFFICEL A W EN F 0 R CEMENT 06 MAR 2
TSG, INC. Inmate Incident History PAGE 1
·--------------------------------------------------------------------------------
Jail Id: 55832
Name: CURLEE, DARRELL ALLEN
31, t+SC6 Race: W Sex: M DOB: 10/30/1946
SO #: 23860 DL#: TX-04173584 SS#: XXX-XX-XXXX Date Booked: 06/16/2012
Date ...... Time ... Location . . . . . . . . . . . . . . . . . . . . . . Reported By ..•.•.............
03/06/2013 10:11am F-8 · CAPT.· CASTRO
Type: JI (JAIL INCIDENT)
Victim: MEDICAL
Witnesses:
Rpt Officer: 240 (CASTRO, A (SGT))
Supervisor: 1000 (MICHAEL COX, SH::miFF}
Narrative: ON 6/15/2012 SUBJECT CURLEE.DARRELL ALLEN WAS BOOKED INTO THE HILL
COUNTY JAIL. SUBJECT •:JAS PLACED IN HOLDING AFTER HE WAS BOOKED
INTO THE JAIL. AFTER SUBJECT WAS ARRAIGNED HE WAS ALOWED TO MAKE
HIS PHONE CALLS AND WAS CLASSIFIED TO SEPERATION FOR MEDICAL
REASON. SUBJECT HAD SEVERAL INJURIES TO HIS FACE FROM AN INCIDENT
PRIOR TO HIS ARREST. ON 8-09-2012 AFTER SUBJECT HAD BEEN RELEASE
FROM MEDICAL SUBJECTNAS RECLASSIFIED TO POPULATION IN B-1 DORM.
ON 08-16-2012 INMATES IN B-1 ASK TO SPEAK WITH ME ABOUT INMATE
CURLEE. INMATES STATED CURLEE WAS JUMPING UP OUT OF HIS SLEEP~
WOULD YELL OUT THAT SOMEONE WAS IN THE CELL TRYING TO GET TO HIM
AND HURT HIM. INMATES STATED SUBJECT WOULD YELL IN THE DIRECTION
OF THE SHOWER IN THE CELL AND MADE THE STATEMENT THERE WERE
PERSONS COMING THRUOGH THE SHOW AND COMING FOR HIM. I ASKED CURLEE
TO STEP OUT OF THE CELL AND SPEAK WITH ME ABOUT THIS MATTER.
SUBJECT MADE THE STATEMENT HE COULDN'T BE IN THE CELL BECAUSE
THERE WERE PEOPLE TRYIBG TO GET TO HIM. WHEN I ASKED CURLEE IF HE
WAS TALKING ABOUT THE INMATE IN THE CELL WITH HIM CURLEE STATED
NO. I~S THE ONES COMING OUT OF THE SHOWER I KNOW THEY ARE TRYING
TO GET TO ME AND HURT ME. SUBJECT WAS THEN REMOVED FROM THE CELL
AND PLACE IN SEPERATIQN FOR HIS SAFETY AND THE SAFETY OF THE OTHER
INMATES. WHILE MAKING ROUNDS IN SEPERATION I CAPT.CASTRO AND OTHER
FLOOR OFFICERS HAVE WITNESS CURLEE TALKING TO THE WALL IN HIS CELL
OR IN THE DIRECTION OF HIS SHOWER. WHEN ASKED IF HE WAS DOING OK?
CURLEE HAS MADE THE STATEMENT THESE PEOPLE ARE STILL AFTER ME AND
BEGAN TO CURSE AT THE~.WALL OR IN THE DIRECTION OF THE SHOWER.END
OF REPORT. \
~
-----------~--------------------~-~--------------------------------------------
.: ..
.i'
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-se~d Result flport :8 K!:UlCERa
MFP
03toa.'2013 16:30
Firmware Version 2KS_2FOO.OOS.004 2010.04.13 (2KS_IOOO. 005.001) [21<5_1100 .001.002] [2KS~O. 005. 001]
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Job No. : 044342 Total Time: o•ot·ss· Page: 012
Complete
Document: doc04434220130306162730
,,.
Cause No. 37,458
lHESTATE OF TEXAS )( IN THE 66TH DISTRICT
vs )( COURT OF
DARREU ALLEN CURLEE . )( HILL COUNTY, TEXAS
JUQGMfNT OF COMM!IMENJi MENTAL INCOMPETENCE
Date of Hearing: MAROI 6, 2013
Attorney for State: Nicole Cl'aln,Asslstant Dlstrld Attorney
Attorney for Defendant: Terence A. R~ll
Data af Birth: 10-~0..46 Raca:White
TRN NO· , 14316336X A001and
No. Date and Time Destination Times Type Result Resolut1on/ECH
001 03/06113 16:28 Jail 0"01"55"" FAX OK 200xl00 Normal/On
' >-t.a . . f:>
f/'-"'- F[], . ~~
~~~~
~~ f i s;o.
~~ 0-1/\
[ QWGOX08415 ]
I
Cause No. 37,458
THE STATE OF TEXAS )( IN THE 66TH DISTRICT
vs }( COURT OF
DARRELL ALLEN CURLEE )( HILL COUNTY, TEXAS
JUDGMENT OF COMMITMENT: MENTAL INCOMPETENCE
Date of Hearing: MARCH 6, 2013
Attorney for State: Nicole Crain,Assistant District Attorney
Attorney for Defendant: Terence A. Russell ~
-
~:
.--1:-
4,
Date of Birth: 10-30-46 Race: White ; .b'j}
~ 2.i:""l
TRN NO: 914316336X AOOl and a- r-o-
'>'7;;Jr-
"rt ,.:., A:l~
u c::=oo
TRN NO: 914316336X A002 Allen Reg. No: N/A ~
~(/)
-;-1
T:' :-<=tJ
Cause No: 37,458 Offense: Count One (1) Agg. Assault W/l:iJeaJJfi
Weapon and Count Two (2) Agg. Assault Threat
W/A Deadly Weapon With prior felonies alleged
following each count.
The Defendant was charged by indictment for the offenses shown above In the above
numbered and entitled cause. The Court called the cause for trial on the issue of competency.
The State appeared by her Assistant District Attorney. As charged above, Defendant was
presented by counsel. In advance of the trial on the merits, it came to the attention of the
Court that a suggestion had been raised by the Defendant's attorney that the Defendant is
incompetent to stand trial.
After an Inquiry, the Court found there Is some evidence that the Defendant may be
Incompetent to stand trial, and the Court is not required to hold a jury hearing to determine
Defendant's Incompetent to stand trial because 1) neither party requests a jury on the issue
of competence: 2) neither party opposes a finding of incompetency; and 3) the Court does
not find that a jury hearing is necessary to determine incompetency.
A CERTIFIED COPY
ATTEST j ·- "\ f
ANGEUA ORR . - 20./.Q_
DISTRICT CLERK
Hill COUNTY, TEX S
BY
. ' .
The Court heard the evidence submitted by the parties with Defendant and Defendant's
counsel present. The Court then rendered its verdict and enters same upon the minutes of
the Court as follows:
The Court FINDS the Defendant Is INCOMPETENT to stand trial on this date. The Court finds
defendant unable to effectively communicate with counsel at present, per representation of
defense counsel, as an officer of the Court.
The Court FINDS the Defendant is a person with MENTAL ILLNESS and requires obser~ation
and/or treatment in a mental health facility, for his own welfare and protection or for the
protection of others.
The Court FINDS the Defendant's conduct does involve an act, attempt, or threat of a
violent offense as defined in TEX.CODE CRIM.PROC. Art.17.032(a), and the indictment does
allege a deadly weapon under Section 3g(a){2), Article 42.12.
Accordingly, pursuant to Chapter 468 of the Texas Code of Criminal procedure, the Court
ORDERS Defendant committed to and confined at the appropriate catchment facility within
the state mental health system or the North Texas State hospital, Vernon, Texas, or other
Mental Facility operated by the State of Texas as appropriate. The Court further ORDERS the
Sheriff of Hill County, Texas to take the Defendant to North Texas State hospital, Vernon,
Texas or other facility, as appropriate.
The Court ORDERS that the Defendant is to be held for a period not to exceed one hundred
twenty (120) days.
The Court ORDERS the Clerk of this Court to send a certified copy of this judgment and any
of the following documents available to the Court during the competency hearing:
1. The report of each expert;
2. Psychiatric, psychological, or sodal work reports that relate to the mental condition of
the Defendant, including Court's Exhibit "A";
3. Documents provided by the attorney representing the State or the attorney
representing the Defendant that relate to the Defendant's current or past mental
condition;
4. Copies of the indictment or Information and any supporting documents used to
establish probable cause in the case;
S. The Defendant's criminal history record; and
6. The addresses of the attorney representing the State and the attorney representing the
Defendant; and
7. The Court reporter's record herein.
...
..
A copy of this order is to be' delivered to the Sheriff of Hill County, Texas and that such
documents above referenced accompany the Defendant to the North Texas State Hospital
Vernon, Texas, or other facility as appropriate.
IT IS ORDERED that DARRELL ALLEN CURLEE be remanded into the custody of the Sheriff of
Hill County, Texas for lawful execution of this Judgment of commitment.
Signed this the 6th day of March, 2013.
F.B. (Bob) McGregor, Jr.,Judge Presiding
10-22-2014 1/6
2 54 582 7521 Jail
10/2112014 10:36 P.003J003
FiU:_G
lD/~ OCT 2? Milt: t 2
!!NAL PRE..TRIAL CONFERENCE SUMMARY
~ CASE STATUS REAQINESS REPRESENTATIOri TO THE COURI
CAUSE No.:J'/,4~~
s
STATEOFTEXAS § IN THE "m DISTRicr
~~~ dar /~t •I
COVRTOF'
Hll.L COU'N'IY. T'£V,S
pEFINSit lt.EJECJ;ION OF FINAL SET'l'LEMltNT Oli'Fitlg
'l'll.e l'roseeutol"tll\lllll Settlem.eD.t Otter of:
fL:IkiJ- /)uJ.XZ..
'-r.;!J Cttarp
2:5 u0:z
S.teute"'
\,b_._t~C.C~~-
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. ..
Is avaUable WltO the Flll.al Pre-Trial Coarertu.ee II eotteludecl J a~tderstlUlcl tkat 110 .etdemeat oUen
T.;;~~~The ~db_,..~~
'tj~ROSECVTORS CEllTlFICATION OF TkiAL READJNESi
Tbe merit• o( the ease have bee11 thoroqhly l'C\'Iewed. Pntrlalsetftetllalt n9tlatlou lave beea
•llsuceessflltal4 tbe we l1i ready for trial. t'\ ~ ('_
\.o(e:\~H!. ~~~ ,
·I
Tb PI'O$.Cator •nd De!easc Couuel het"eby •&ree to the fGIIowktf ltlpulatloae:
J
----
J;yS'i
CHIEF JUSTICE
NATHAN l. HECHT
•
'Otbe ~upreme QCourt of 'CEexa5
201 Westl4thStreCI PostOfficeBox 12248 AI.ISiinTX78711
Telephone:- 5121463·1 J 12 Facsimile: S121463-1365
CLERK
BLAKE A. HAWTHORNE
JUSTICES GENEFML COUNSEL
PAUL W. GREEN NINA HESS HSU
PHIL JOHNSON
DON R. WILLETT ADMINISTRATIVE ASSISTANT
EVA M. GUZMAN NADINE SCHNEIDER
DEBRA H. LEHRMANN
JEFFREYS. BOYD PUBLIC INFORMATION OFFICER
JOHN P. DEVINE May 14,2015 OSLER McCARTHY
JEFFREY V. BROWN
Hon. Ralph T. Strother via regular and electronic mail
19'h District Court
McLennan County Courthouse
501 Washington Ave., Suite 303
RECEIVED
Waco, Texas 76701
MAY 1 4. 2015
RE: Case No. 10~15-00157-CR: In re Darrell Curlee COURT OF APPEALS
WACO, TEXAS
Dear Judge Strother:
Pursuant to the request of the Honorable Tom Gray, Chief Justice of the Tenth Court of
Appeals District, and to the authority vested in me by Texas Government Code § 74.003(h), you are
hereby assigned to service as a Justice of the Tenth Court of Appeals, Waco, Texas, for adjudication
of the above-referenced case.
This assignment will continue for such period of time as may be necessary to complete
consideration of this cause and to pass on any motions for rehearing.
·Sincerely,
~gp-
Nathan L. Hecht
Chief Justice
cc: Hon. Tom Gray, Chief Justice, Tenth Court of Appeals via electronic mail
Hon. Sharri Roessler, Clerk, Tenth Court of Appeals via electronic mail
Ms. Nita Whitener, Deputy Clerk, Tenth Court of Appea(s via electronic mail
Comptroller's Office, Judiciary Section via electronic mail
A CERTIFIED COPY
ATTEST E..-\ 1 . 20j;{_
ANGELIAORR
DISTRICT CLERK
HILL COUNTY. TEXA
BY
TENTH COURT OF APPEALS
Chief Justice McLennan County Courthouse
Tom Gray 501 Washington Avenue, Rm. 415
Clerk
Justices Waco, Texas 76701-1373 Sharri Roessler
Rex D. Davis Phone: (254) 757-5200 Fax: (254) 757-2822
AI Scoggins
May 15, 2015
Mark F. Pratt Terence A. Russell
Hill County District Attorney Attorney at Law
P.O. Box 400 1040 E. Elm St.
Hillsboro, TX 76645 Hillsboro, TX 76645
* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *
RE: Court of Appeals Number: 10-15-00157-CR
Trial Court Case Number: 37,458
STYLE: In re Darrell Curlee
Enclosed is a copy of a letter from the Texas Supreme Court assigning the Honorable Ralph T.
Strother to sit with Justice Davis and Justice Scoggins in the above referenced proceeding.
Sincerely,
SHARRI ROESSLER, CLERK
By: GA/i:b,_W~
Nita Whitener, Deputy Clerk
CC: Hon. A. Lee Harris (DELIVERED VIA E-MAIL)
LT. Butch" Bradt (DELIVERED VIA E-MAIL)
Lyle Vincent Gripp (DELIVERED VIA E-MAIL)
A .~I;RTIFI~P COPY .
~ffi;§T -~ ~ '> ( .2oj£_
~NGELIAORR
C!ISTRICT CLERK
lbl, OOUNTY, TEXAS
IN THE
TENTH COURT OF APPEALS
No. 10-15-00157-CR
IN RE DARRELL CURLEE
Original Proceeding
MEMORANDUM OPINION
Relator's petition for writs of mandamus and prohibition are denied.
ALSCOGGINS
Justice
Before Justice Davis,
Justice Scoggins, and
Judge Strothert
Petition denied
Opinion delivered and filed June 11,2015
(OT06)
1Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of
the Chief Justice of the Texas Supreme Court pursuant to Section 74.003(h) of the Texas Government Code.
See TEx. Gov'r ~~~~~~~~~-'LU.~
1·1Lt:: CUJJY
2015 Jm: 15 Mi IO: 32
I
TENTH COURT OF APPEALS
Chief Justice I
McLennan County Courthouse
Tom Gray 501 W ashirlgton A venue, Rm. 415
I
Clerk
Justices Waco, !Texas 76701-1373 Sharri Roessler
Rex D. Davis Phone: (254) 757-5200· Fax: (254) 757-2822
AI Scoggins
June 11,2015
Mark F. Pratt Terence A Russell
Hill County District Attorney Attorney at Law
P.O. Box400 1040 E. Elm St.
Hillsboro, TX 76645 Hillsboro, TX 76645
* DELIVERED VIA E-MAIL * *DELIVERED VIA E-MAIL*
RE: Court of Appeals Number: 10-15-00157-CR
Trial Court Case Number: 37,~58
STYLE: In re Darrell Curlee
The Court this day issued an opinion and judgment in the above referenced cause. TEx.
R. APP. P. 48.
Sincerely,
SHARRI ROESSLER, CLERK
CC: Hon. A Lee Harris (DELIVERED VjiA E-MAIL)
L. T. Butch" Bradt (DELIVERED VIA
I
E-MAIL)
Lyle Vincent Gripp (DELIVERED VIA E-MAIL)
A cERTIFIED coP:; / j
ATIEST ~ ,- .;> , 20Jr_
ANGELIAORR
rex
"oiSTRICT c4ERK
.HILL COUNTY.
BY
.· .
··-----·--·------
BE IT REMEMBERED:
THAT at the term of the Honorable Court of Appeals for the Tenth District of the State of
Texas, begun and holden at Waco on the 1st day ofJanuary, 2015, present Justices REX D. DAVIS
and AL SCOGGINS and Judge RALPH STROTHER
In the cause
No. 10-15-00157-CR
IN RE DARRELL CURLEE
Original Proceeding
the following Judgment was entered on the 11th day of June, 2015:
"Came on to be heard the original Petition for Writ of Mandamus filed in this Court on May
5, 2015, by Relator Darrell Curlee, and the same having been considered, because it is the opinion of
the Court that the Petition for Writ ofMandamus should be denied; it is therefore ordered, adjudged
and decreed that the Petition for Writ of Mandamus be, and hereby is, denied. It is further ordered
that the Relator Darrell Curlee, pay all costs in this behalf expended and incurred in this Court."
I, SHARRI ROESSLER, Clerk ofthe Court of Appeals for the Tenth District ofTexas, at the
City of Waco, hereby certify that the foregoing is a true copy of the Judgment entered herein by this
Court in the above entitled and numbered cause as appears of record in Minute Book 13, Page 519.
IN WITNESS WHEREOF, I hereunto set my hand
and affix the seal of said Court at Waco, this 11th day
of A.D. June 2015.
Sharri Roessler, Clerk
By: di:J::L w~
Nita Whitener, Deputy Clerk
··"
.- - .. ·-·- . ---------------------
.... ... ~ .... ~-"
·c~)
'I -·
CAUSE NO. -sJ ~58
THE STATE OF TEXAS VS. DARREL ALLEN CURLEE
CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON
b~SAJJLLTHREALW!I!!A PEADIY WEArPN
IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:
·'
THE GRAND JURY, for the County of Hill, State of Texas, duly selected,
empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,
2012 of the 66th Judicial District Court for said County, upon their oaths present in and to
said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant. on or
about the 15TH DAY OF JUNE 2012 and before the presentment of this indictment, in the
County of Hill and State aforesaid, did then and there unlawfully, intentionally or knowingly
or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,
and the defendant did use or exhibit a deadly weapon during the commission of the assault,
to-wit: a knife, that in the manner of its use or intended use was capable of causing death or
serious bodily injury.
And it is further presented that ior to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on th 25th day of February 1983, in the District Court of San
Miguel County, New Mexico inCa e No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name o Darrerll Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to it: Second Degree Murder upon an indictment then
legally pending in said last named Court nd of which said Court had jurisdiction; and said
conviction was a final conviction and was conviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commis ion of the primary offense.
'
•
•
And it is further presented that before the commission of the primary offense and after the
1
conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed
the felony of B glary and was convicted on the 9th day of May I989 in the Seventh Judicial
District Court of an Juan County, Utah, in Cause No. 767.
And it is further pre nted that on or about the 15m DAY OF JUNE 2012 in the County of
Hill and State of Tex , the defendant, DARREL ALLEN CURLEE, did then and there
intentionally or knowin ly threaten Jerry Wayne Vessells with imminent bodily injury by
attempting to cut and/or b him with a knife and the defendant did use or exhibit a deadly
weapon during the comm is ·on of the assault, to-wit: a knife, that in the manner of its use or
intended use was capable of c using death or seriotis bodily injury.
And it is further presented that p ·or to the commission of the primary offense by the said
Darrel Allen Curlee, to-wit: on the 5th day of February 1983, in the District Court of San
Miguel County, New Mexico in Cau e No. 81-73-CR on the docket of said Court, the said
Darrel Allen Curlee, under the name o Darrell Allen Curlee, was duly and legally convicted
in said last named Court of a felony, to- it: Second Degree Murder upon an indictment then
legally pending in said last named Court d of which said Court had jurisdiction; and said
conviction was a final conviction and was a onviction for an offense committed by him, the
said Darrel Allen Curlee, prior to the commiss n of the primary offense.
And it is further presented that before the com 'ssion of the primary offense and after the
conviction in Cause No. 81-73-CR was final, the endant, Darrel Allen Curlee, committed
the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial
District Court of San Juan County, Utah, in Cause No. 767.
Certification of Defendant's Rigbt of Appeal
No. :JJ 1'-\S!
The State ofTexas In the \ \~ Court
v. of
Ci,.c- c~\ \ (~,\-!(~ ~ ~, ~ \
~~--"-'--~'------County, Texas
Defendant
TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL•
I, judge of the trial court, certify this criminal case:
Dis not a plea-bargain ease, and the defendant has the right of appeal. [or l
Di• a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn
or waived, and the defendant has the right of appeal. [or]
Dis a plea-bargain case, but the trial eoun has given permission to appeal, and the defendant has the right of appeal.
[or]
" i ; ] i s a piea·barxain ca , nd the defendant his N 0 right of appeal. [or]
I have received a copy of this cenification. I have also been infonned of my rights concerning any appeal of this
criminal case, including any right tO file a prose petition for discretionary review pursuant to Rule 68 of the Texas
Rules of Appellate Procedure. I have been admoni5hed that my attorney must mail a copy of the court of appeals's
judgment and opinion to my last known address and that I have only 30 days in which to file a prose petition for
discretionary review in the Coun of Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that,!{[ wish to appeal
chis case and if l am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of
any cb&nge in the addres5 at which I am currently living or any change in my current prison unit. I understand tbat,
because of appellate deadlines, if I fail to timely inform my appeUate attorney of an change in my address, 1 may
l the opportu · fil{;pro "/)tition for discretionary review.
~~~~A~.~ .
e ndant e ndant's Counsel ~\-e.G~; q~
Mailing Address~~ \ Sta~e. Bar ofTexas ID numbe_r (')~ ~ O<:;::J(,
Telephone number: MaJhng Address: \OO N"':' \j. +(\\ '-~- \\ \ (
1
Fax number (if any):
• u A defendant in a criminal case has the right of appeal under these rules. The trial coun shall enter a
certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other
appealable order. In a plea bargain case-· that is, a ca!IC in which a defendant's plea was guilty or nolo
contend~:~r~:~ and the punishment did not exceed the punishment recommended by the prosecutor and agreed
to by the defendant·· a defendant may appeal only: (A) those matters that were raise:d by written motion
filed &lid ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS Ruu: Of
APPELLATE PROCEOURF. 25.2(a){2)
STATEMENT OF FACTS FOR.c\1
TO: Q[RECTOR, BUREAU OF CLASSIFICATO:.I
TEXAS DEPARTME~T OF CORRECTIONS
BOX99
HUNTSVILLE, TEXAS
FROM: NICOLE CR.AlN, PROSECUTfNG ATTOR.i'IEY
HILL COUNTY, TEXAS
Cause No.: 3¥£5: Curlee, Darrell
Combined Opinion