6L(1~Y-P-o1
Tammy Brauner 100 East Main Street
District Clerk Suite 304
Washington County Brenham, Texas 77833-3753
(979) 277-6200
November 25,2015
RECEIVED lN
COURT OF CRIMINAL APPEt'\l
Court of Criminal Appeals
Capitol Station DEC 0 3 2015
P.O. Box 12308
Austin, Texas 78711 Abel Acosta, Clefk
In Re: Cause No. 11,220 THE STATE OF TEXAS VS. DARRELL WAYNE HOGAN,
Criminal Court of Appeals No. WR-56,734-04
To Whom it May Concern:
The "Order on Application for a Writ of Mandamus Cause No. 11,220 In the 21st District Court
from Washington County" was filed with my office today November 25, 2015.
Our records do not show that an "Application for Writ of Habeas Corpus" was filed by Mr.
Hogan.
There are two documents in his file that were filed this year, 2015. The first document was filed
September 28,2015, titled "Motion: For Forensic DNA Testing Pursuant To Texas Code of
Criminal Procedure Art.64.01 (A) (1) and right to Appointed Counsel Pursuant to Criminal Code
ofProcedure Article 64.01 and the seconddocument was filed November 17, 2015, titled
"State's Reply to Motion for Forensic DNA Testing Pursuant to 64.01 Texas Code of Criminal
Procedure". Please see copies attached. This is the only documentation filed in his case since
December 07, 2010.
My office makes every effort to make sure files are handled promptly and correctly so I am not
sure what would or could have happened to Mr. Hogan's application for writ of habeas corpus.
Please let me know ifthere is anythingelse I need to do to assist in this matter.
Sincerely,
c{}~~
Tammy Brauner, District Clerk
Washington Comity, Texas
Septembe~d~ 2015
PRO SE APPLICANT:
DARRELL:''~. HOGAN
#1014834
INRE:CRIMINAL CAUSE No 11220
Polunsky Unit
in the 21st Judicial District
3872 FM 350 SOUTH
Court for Washington County Texas
Livingston Texas
77351
MOTION:FOR FORENSIC DNA
MAILING ADDRESS
CLERK
TAMMY BRAUNER
100 E.Main St Rm 304
Brenham Texas 77836
Clerk of court please find enclosed
the following legal document to be filed on the courts docket
for the 21st Judicial District Court of Washington County Texas c·
as follows;
motion for forensic dna Testing Pursuant to
TEXAS CODE OF CRIMINAL PROCEDURE ART 64.01 (A) (1) and
Right to Appointed Counsel Pursuant to Criminal
Code of Procedure ARTICLE ¢$.)! (a) (C)
Please file this on the courts Docket in the above cause and
provide me with a Clerk Post mark return receipt of its filing
date.Thank you for your professional assistance in this matter.
Sincerely
DARRELL W. HOGAN
FILED
4
TJI:0Qo'~ {)~~
SEP 28 2015
TAMMY BRAUNER
~
•
21st JUDICIAL DISTRICT COURT
WASHINGTON COUNTY TEXAS
PRO SE APPLICANT: § CAUSE No 11,220
DARRELL W.HOGAN
vs
THE STATE OF TEXAS §
RESPONDENT
§
MOTION:FOR FORENSIC DNA TESTING PURSUANT TO
TEXAS CODE OF CRIMINAL PROCEDURE ART.64.01
(A) (1) and right to Appointed Counsel
Pursuant to CRIMINAL CODE OF PROCEDURE
ARTICLE 64.01 (a) (C)
TO THE HONORABLE JUDGE OF SAID COURT:
Comes now Darrell W.Hogan the pro se applicant in the above
cause and would present the following:
I.
PROCEDURAL HISTORY
The pro se applicant darrell W.Hogan named in the above cause
number was convicted for the Offense of Unlawfully Carrying a
Firearm while on a License Premise and by Involuntary Plea
and Ineffective Assistance of Trial counsel di~ receive a
J
10 Year Prison term after 10 Year probation term was revoked.
II.
The pro se applicant Darrell W.Hogan was arrested along with
Reggie watson under charge of Attempted Murder,while detained
Detective Ken Hughes COERCED the Applicant Darrell W.Hogan to
(A) Sign signature to an incriminating STATEMENT that Detective
Ken Hughes himself had wrote which alleged that applicant
Darrell W.Hogan possessed a 38 CALIBER PISTOL IN HIS WAIST BAND
AND PROVIDED REGGIE WATSON WITH THIS EXACT FIREARM ON THE DATE
-1-
•
OF APRIL 19,1992,This firearm was alleged to have been used
by Reggie watson in criminal offense of Aggravated assault with
a deadly weapon.Point One;COERCION:Detective Ken hughes coerced
the applicant Darrell wayne Hogan that if he did not sign the
incriminating statement which Detective Ken Hughes wrote that he
Darrell W.Hogan would be prosecuted at the age of 17 years old
for Attempted Murder and the same would apply if the applicant
die not make an INVOLUNTARY PLEA.
III.
POINT TWO:DETECTIVE KEN HUGHES WAS LATER DISCOVERED FOR HIS
CRIMINAL MISCHIEF ACTS BY THE STATE OF TEXAS,where while acting
under color code of Law Detective Ken hughes was terminated as
Public servant Detective for stealing/Theft of Money property.
IV.
ACTUAL INNOCENCE:The applicant Darrell W.Hogan is actual innocent
and would not have entered any Involuntary Plea if was not for
Detective Ken Hughes Coercion;Trial Counsels Ineffective
Assistance in failure to subpeona Reggie watson for testimony
of the material facts related to this cause number 11,220 and for
the applicants legal incompetence,and lack of english literacy
skill in grammer which impeded his ability to know at the time
what Detective Ken hughes had wrote on the incriminating
STATEMENT AND THAT HE THE APPLICANT DARRELL W.Hogan had a due
process right that protected him from involuntary Plea by
coercion.
v.
EXCULPATORY MATERIAL
REGGIE WATSON HAS COME FORTH and under Oath and affirmation has
provided a SWORN AFFIDAVIT which materialy attest to the facts
that he never obtained a FIREARM 38 Caliber Pistol from the
applicant darrell W.Hogan on April 19 1992 while at PETE'S PLACE
LOCATED ON COUNTY RD ~~ WASHINGTON COUNTY TEXAs 1 ·
Lsee Reggie watson attached sworn affidavit NOTARIZED ::~;:?~!2~·)~:::·
september 2015 A.D.
. -2-
VI.
Inlight of Detective Ken Hughes criminal act of coercing the
applicant to involuntary sign a Statement that he had wrote
himsel~with false information,and where the Public Record
provide other criminal Acts of theft committed by Detective
Ken Hughes,the Court has held under Giglio V United SATTES
405 u.s. 150 151-52 that no false statement may be used to
convict a person and that the UNITED STATES 14TH CONSTITUTIONAL
AMENDMENT FORBID UNLAWFUL CONVICTION OF ACTUAL INNOCENT PERSON.
VII.
LEGAL AUTHORITIES
Pursuant to CRIMINAL CODE OF PROCEDURE ARTICLE 64.02 Notice to
the €!TATE;
(a) ON RECEIPT OF THE MOTION,the Convicting court shall;
(!)Provide the attorney representing the state to take one of the
following actions in response to the motion not LATER than the
60 TH DAY AFTER the date the motion is served on the attorney
representing the state;
(A) DELIVER the evidence to the court,along with a description
of the condition of the evidence or;
(B) EXPLAIN in writing to the court why the state cannot deliver
the evidence to the court;
VIII.
PRODUCTION DNA FORENSIC REQUESTED
Pursuant to TEXAS CODE OF CRIMINAL PROCEDURE ARTCILE 64.01 (a) I
(1) The applicant Darrell. W.Hogan request that The state produce
the 38 CALIBER PISTOL named in cause number 1~220.further produce
(2) All fingerprints,blood samples hair follicle that makes a
MACTH TO THE APPLICANTS DARREL W.HO~~N PHYSICAL DNA ON THE
WEAPON NAMED 38 CALIBER ~~ISTOL FIREARM.
IX.
REQUESTED RELIEF
Wherefore the applicant ~arrell W.Hogan prays this court grant
relief of withdrawing involuntary plea entered in this cause;
appointing COURT APPOINTED COUNSEL REPRESENTATION FOR APPLICANT
pursuant to C.C.P ARTICLE 64.01 (2) (C)
EXECUTED ON THIS TH~DAY OFS~ku:_2015 S/ ~i~
UNSWORN DECLARATION
CIVIL PRACTICE AND REMEDIES CODE SECTION 132.000-132.003
I DARRELL W.HOGAN #1014834 Whom is the pro se applicant and
whom is Bee~TEB at the POLONSKY UNIT at 3872 FM 350 SOUTH
LIVINGSTON TEXA~ 77351 do swear under the penalty of perjury
that the following .and foregoing legal document to-wit Motion
FOR FORENSIC DNA TESTING AND ITS ATTACHMENT OF DECLARANT AND
AFFIDAVIT ARE TRUE AND CORRECT.
EXECUTED IN THE SAME ON THIS THE~DAY OF:Se~2015.
S/ tktU~
PRO SE APPLICAN
DARRELL W.HOGAN #1014834
POLONSKY UNIT
3872 FM 350 SOUTH
LIVINGSTON TEXAS 77351
MAILING ADDRESS
I
-4-
/
;'
IN THE JUDICIAL DISTRICT
21st DISTRICT
WASHINGTON COUNTY TEXAS
DECLARANT/AFFIANT: CAUSE No 11220
DARRELL W.HOGAN
··-
.,
·~
UNSWORN DECLARANT/AFFIANT
PURSUANT TO CIVIL PRACTICES AND REMEDIES CODE
§132.000-132.003
I Darrell W.Hogan am of sound mind,sane over the age (18)
EIGHTTEEN AND CAPABLE OF MAKING OUT THIS DECLARATION AS AFFIANT
UPON MY OWN FREE WILL AND NO ATTEST TO THE FOLLOWING:
I DARRELL W.HOGAN AM ACTUAL INNOCENT OF THE OFFENSE OF POSSESSION
OF FIREARM ON A LICENSE PREMISES IN CAUSE NUMBER 11220 FOR WHICH
I WAS CONVICTED BY AN INVOLUNTARY PLEA GIVEN UNDER COERCION OF
DETECTIVE KEN HUGHES who threatened that if I did not enter a
PLEA AND SIGN A INCRIMINATING STATEMENT THAT HE DETECTIVE KEN
HUGHES HAD WROTE HIMSELF THAT I WOULD BE RETALIATED ON BY FACING
CRIMINAL PROSECUTION FOR ATTEMPTED MURDER CHARGE WHICH I AND
REGGIE WATSON WAS ARRESTED AND INITIALLY DETAINED FOR.! DARRELL
W.HOGAN DO FURTHER ATTEST THAT ON APRIL 19 1992 WHILE ON PREMISES
OF PETE'S PLACE COUNTY Rd 96 IN WASHINGTON COUNTY TEXAS that I
NEVER POSSESSED ANY FIREARM ,38 CALIBER PITSOL and NEVER PROVIDED
REGGIE WATSON WITH ANY FIREARM,THIS WAS AN INCRIMINATING
STATEMENT MADE BY DETECTIVE KEN HUGHES,Who was later discovered
inFURTHER CRIMINAL ACTS OF THEFT AS A PUBLIC SERVANT DETECTIVE
AND TERMINATED FOR THE SAME BY THE STATE OF TEXAS.My involuntary
plea under coercion was at a tiwe when !was not literate nor
legally competent to understand WHAT DETECTIVE KEN HUGHES HAD
WRITTEN IN THAT STATEMENT and that-I as a 17 year old had a due
process right that protected me against involuntary plea by
DETECTIVE KEN HUGHES COERCION.REGGIE WATSON HAS NOW COME FORTH
BY OATH AND AFFIRMATION OF SWORN AFFIDAVIT TO ATTEST TO FACTUAL
EVENTS OF APRIL 19 1992 EVENTS WHILE ON PREMISES OF PETES PLACE
-1-
)
LOCATED AT COUNTY ROAD 96 WASHINGTON COUNTY TEXAS,HIS SWORN
AFFIDAVIT IS MATERIAL EXCULPATORY AND HAS BEEN HIGHLIGHTED AND
ATTACHED WITH THE ENCLOSED MOTION FOR FORENSIC DNA.! BELIEVE
THAT IF MY TRIAL COURT ATTORNEY WOULD HAVE BEEN EFFECTIVE
ASSISTANCE IN SUBPEONA FOR REGGIE WATSON AND OBJECTING TO
MY INVOLUNTARY PLEA UNDER COERCION THAT THE OUTCOME OF THIS
COURT PROCEEDING IN CAUSE NUMBER 11220 would have been different.
AS an Actual innocent person unlawfully convicted under coercion
involuntary plea,! hold no bitterness against the state,~!.
seek no Civil action as result either,! only seek that The 21
JUDICIAL COURT OF WASHINGTON COUNTY TEXAS upon its integrity
VACATE MY JUDGEMENT AND EXPUNGE THIS CONVICTION UNDER CHAPTER
55 EXPUNGEMENT.
I DECLARE UN6ER PENALTY OF PERJURY THAT ALL THE FACTS CONTAINED
HEREIN ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE.
FURTHER DECLARANT/AFFIANT SAYETH NOT.
SIGNED ON· THrso?3 DAY OF S~eL 2015 ANNO DOMINI!.
S/ ~f!:t:;l
DECLARANT/AFFI T
j
UNDER CIVIL PRACTICE AND
REMEDIES CODE §132.000-
§132.003.
-2-
.. - ·l . "
\.,
.••.
SWORN AF~IDAVIT OF REGGIE WATSON
.STATE, OF TEXAS
COUNTY
----~--------~-
7"-2"-E.~o: ;,-1!~i -I. ~o:~E,_W__._.s_o_N_R_E_S
.... . ID_E_A_T_: ~~e 4lttCC:~arr4~~~
.....
related to JtdCJ•ictment and· Conviction Cause number 11,220 which
had charged"and Convicted Darrell wayne Hogan with· possession of
38 Caliber Pi~~ol on pr~mises Licensed ana issued a permit by the
State ofTexas for Sale and~ Service of Alcoholic Beverages ·.to-wit
PETE iS PLACE Locat~.d on County:;· Road 96 ·in Washington county
T~xas,I her~b~ declar~ that iam over the age 6f .18 years,of sound
mine ,aware of the- penal ties for perjury and know:);edgeable about _9
the events at iss~e and I detlare,That. l was the only person in
control and possession of the 38 Caliber Pistol at Petes Place
on the Cla.te of April 19th. V19~ ·.. · year·A.D. ,the 38 Caliber
pistol which Darr;ell Wayne Hogan was charged ,.with being in ·
posse~sion of wa~ never in his possession~that weapon was in
mypossessioh at· all times on April 19 ·.l:fjo2 year while
at PETES PLACE LOCATED ON COUNTY RCA~ 96 WASHINGTON COUNTY
TEX~S,IN fact I was arrested with this 38 Caliber Pistol ~nd
charged ana convicted with the crinlirial offen.se of Aggravated
.assault for its deadly weapon use of it.Although Darrell Hog·an
wa.>!. located at P~TES PLACE on the exact same day as April 19
t19c:J. Year that I was arrested for Aggravated Assault
Darrel Wayne Hogan never had possession of the 38 caliber Pistol
•
~rid was not a participant in the Aggravated Assault crime that ·
I was convicted for and sentenced.Iam aware that Darrell Wayne
Hogan was falsely acctised of being in po~session of the very
same weapon 38 caliber Pistol that t was charged with and
convicted of for using in Aggravated Assault.Because of my
Rmployment and other e~ternal matters i was not available t6
provide Dar~ell ~ayne Hogan with this sworn Affidavit at An
earlier time of its reque-st.
I Make this Affidavit freely·· on my own recognizance without any
coaching or promises of gain~r:::rm.
FU~THER AFFIANT SAYET~ NAUGHT. -~~-~~ ~
(j E ATSON
DAY oF Y~--}!)c· 2o1s. A.o:
I
. ..
CAUSE NO. 11,220
STATE OF TEXAS )( IN THE 21ST DISTRICT COURT
)( OF
DARRELL WAYNE HOGAN )( WASHINGTONCOUNTY, TEXAS.
STATE'S REPLY TO MOTION FOR FORENSIC DNA TESTING PURSUANT TO
64.01 TEXAS CODE OF CRIMINAL PROCEDURE
COMES NOW, The State of Texas, by and through the District Attorney of
Washington County, Texas, and requests the Court deny Petitioner's Motion for the following
Reasons:
1. Petitioner has not attached a sworn affidavit to his petition as required by 64.01 (a-1);
2. No evidence that could contain biological evidence was collected in this case .. The
Underlying case Petitioner was convicted for is "Unlawfully Carrying of a Weapon by a
Felon." No evidence was collected that could be tested.
3. Identity was not in question in this case. Petitioner gave a statement to law enforcement
that at the time of an attempted murder, another individual had taken a gun from
Petitioner's waistband.
WHEREFORE, PREMISES CONSIDERED, the State prays the Court to deny the relief
Sought.
Respectfully submitted,
Julie
Distri Attorney
Washington County, Texas
I 00 E. Main, Box 303
Brenham, Texas 77833
Bar No. 00794696
__ -"~ILED
~O'CL~
NOV 17 2015
TAMMY.ERty
~ ~uty
CERTIFICATE OF SERVICE
A true copy of the above answer has been mailed to Petitioner, Darrell ijgg!¥1, No.
1014834, Polunsky Unit, 3872 FM 350 South Livingston, Texas 77351 on this the--=---~'-
lif...._~
day ofNovember 2015.