<63 ~o~·_.o\ I 

Ex Parte Application for Writ of Habeas Corpus 

From Bowie County 

STEDMON MONTREL DEWBERRY 

(Name of Applicant) 5th District Court 

151 SUPPLEMENTAL 

TRIAL COURT WRIT NO. 11F0763-005-A 

CLERK'S SUMMARY SHEET 

APPLICANT'S NAME: STEDMON MONTREL DEWBERRY 

(As reflected in judgment) 

OFFENSE: MURDER 

(As reflected in judgment) 

CAUSE NO. : 11F0763-005 

(As reflected in judgment) 

PLEA: GUILTY I !NOT GUILTVI I NOLO CONTENDERE (CIRCLE ONE) 

SENTENCE: 50 YEARS TDC 

(Terms of years reflected in final judgment) 

DATE: _01~ 25 1{ 

FILE IN WRIT FILE 

BY: ..... (JqL 

TRIAL DATE: 1110312011 

--~~------------------------------------------------ (Date upon which sentence was imposed) 

JUDGE'S NAME: RALPH BURGESS 

(Judge presiding at trial) 

APPEAL NO.: 06-12-00025-CR 

(If applicable) 

CITATION TO OPINION: -S.W.2d-

(lf applicable) 

HEARING HELD: X YES NO 

(Pertaining to the application for writ of habeas corpus) 

FINDINGS & CONCULSION FILED: YES X NO 

(Pertaining to the application for writ of habeas co-rpus) 

RECOMMENDATION: GRANT DENY X NONE 

(Trial court's recommendation regarding application for writ of habeas corpus) 

RECEIVED IN 

COURT OF CRIMINAL APPEALS 

SEP 212015 

Abet Acosta, Clerk 

JUDGE'S NAME: BILL MILLER This document contains some 

Uudgepresidingov_e_r_h_a-be_a_s_c_o-rp_u_s_p-ro-c-ee_d_i-ng-)--------------------~p=a=g=e=s~tn=a=t~a~reofpoorquali~ 

at the time of imaging. 
INDEX 

1. COURT'S DOCKET 1 

2. DOCKET SHEET 10 

3. SUPPLEMENTAL MEMORANDUM OF LAW 12 

4. ORDER SETIING HEARING 29 

5. ORDER RESCHEDULING HEARING 30 

6. RECEIPT OF EXHIBITS 32 

7. MOTION FOR EXTENSION OF TIME 33 

8. CLERK'S CERTIFICATE 35 
5TH DISTRICT CouRT 

CASE SUMMARY 

CASE No. 11F0763-005 

The State of Texas vs Stedmon Montrel Dewberry § 

§ 

§ 

Location: 

Judicial Officer: 

Filed on: 

§ Legacy Track Number: 

§ Prosecutor Control Number: 

§ 

CASE INFORMATION 

5th District Court 

Burgess, Ralph K 

09/22/2011 

181691 

11-02814 

Offense Deg 

Fl 

Date Case Type: Adult Felony 

I. MURDER 

TRN: 9028106804 TRS: DOOI 

Filed As: MURDER 

Arrest: 08/29/20 I 0 

Statistical Closures 

11103/2011 NGP/J VERDICT 

Warrants 

Capias - DEWBERRY, STEDMON MONTREL 

11/03/2011 !2:00AM Recalled 

09/30/2011 12:00 AM Received 

09/30/2011 12:00 AM ACTIVE WARRANT 

09/30/2011 12:00 AM ACTIVE WARRANT 

09/23/2011 12:00 AM Issued 

Fine: $0 Bond: $0 

Fl 

Notes: 11103/2011 Issuing Department: TTPD 

08/28/2010 

9/21/2011 

11/03/2011 By MPARKER from SHERIFF: RECALLED PER 

DATE 

State 

Defendant 

DATE 

09/22/2011 

STEVE GRAHAM 

09/30/2011 Warrant Location: SO 

09/30/2011 By MPARKER from SHERIFF: TI0-07276 FILED: 

DEWBERRY, STEDMON MONTREL 

09/30/2011 Warrant Location: B 

09/30/2011 NCIC Entered: C 

09/30/2011 NCIC Entered: B 

09/30/2011 State Entered 09-30-2011 

09/30/2011 State Cleared 11-03-2011 

09/30/2011 Indictment Number: IIF0763-005 Indictment Date: 

09-22-2011 

Current Case Assignment 

Case Number 

Court 

Date Assigned 

Judicial Officer 

STATE OF TEXAS 

CASE ASSIGNMENT 

IIF0763-005 

5th District Court 

09/22/2011 

Burgess, Ralph K 

PARTY INFORMATION 

~DEWBERRY, STEDMON MONTREL 

EVENTS & ORDERS OF THE COURT 

$FILE (Judicial Officer: Burgess, Ralph K) 

Event Code: $FILE Memo: Automatic File Date Event 

PAGE I OF9 

Lead Attorneys 

HENRY, CRAIG L 

Retained 

903-792-4645(W) 

INDEX 

Printed on 09/1 6itoJ 5 at I 0:56AM 
09/22/2011 

09/22/2011 

09/23/2011 

09/27/2011 

09/27/2011 

09/28/2011 

09/28/2011 

09/28/2011 

09/28/2011 

09/29/2011 

09/29/2011 

10/03/2011 

I 0/04/2011 

10/04/2011 

10/07/2011 

10/07/2011 

I 0/07/2011 

10/07/2011 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No. 11F0763-005 

QJ COURT DOCKET (Judicial Officer: Burgess, Ralph K) 

Event Code: COUD 

~Filed by Indictment (OCA) 

Event Code: IND 

~CAPIAS ISSUED (Judicial Officer: Burgess, Ralph K). 

Event Code: KPS 

Pre-Trial Reset 

Event Code: PRTR Memo: 10131@ 1:30? NB 

Pre-Trial Reset 

Event Code: PRTR Memo: 10/4@ 1:30? NB 

~ Order to Appear 

Event Code: OA 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

~ Order to Appear 

Event Code: OA 

QJ Issue 

Event Code: ISS 

QJ APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

QJ SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

QJ Order to Appear 

Event Code: OA 

PRE-TRIAL FINAL/RESET (Judicial Officer: Burgess, Ralph K) 

Event Code: PF Memo: 10/25 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

QJ Issue 

Event Code: ISS 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

PAGE20F9 Printed on 09/16lzo 15 at 10:56 AM 
10/07/2011 

10/07/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10/12/2011 

10112/2011 

10/12/2011 

10112/2011 

10112/2011 

10112/2011 

10/12/2011 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No. 11F0763-005 

qj APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

qj Issue 

Event Code: ISS 

qj APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

QJ Issue 

Event Code: ISS 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

c:iJ SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

c:iJ APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

c:iJ Issue 

Event Code: ISS 

c:iJ APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

qj Issue 

Event Code: ISS 

{ij APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

QJ Issue 

Event Code: ISS 

qj APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

PAGE30F9 

I 

Printed on 09/16dOJ5 at 10:56 AM 
I 0/17/2011 

10117/2011 

10/17/2011 

10118/2011 

10/19/2011 

10119/2011 

10/21/2011 

10/2112011 

10/21/2011 

10/21/2011 

10/21/2011 

10/21/2011 

10/25/2011 

I 0/25/2011 

I 0/25/2011 

10/26/2011 

10/31/2011 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No. 11F0763-005 

qJ APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

qJ SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

qJ SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

Q:J Issue 

Event Code: ISS 

~NOTICE (Judicial Officer: Burgess, Ralph K) 

Event Code: NOTICE Memo: EXPERTS 

~STATES NOTICE OF INTENT TO USE EXTRENOUS OFFENSES (Judicial Officer: 

Burgess, Ralph K ) 

Event Code: NO/ 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

~APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP 

~Issue 

Event Code: ISS 

gJ BENCH WARRANT ISSUED (Judicial Officer: Burgess, Ralph K) 

Event Code: BENCH 

gJ STATES WITNESS LIST (Judicial Officer: Burgess, Ralph K ) 

Event Code: SLOW 

gJ APPLICATION FOR SUBPOENA (Judicial Officer: Burgess, Ralph K) 

Event Code: APPLISUBP Memo: DEFENDANT 

gJ ISS SUBPOENA(S) (Judicial Officer: Burgess, Ralph K) 

Event Code: /SS/SUBP 

TRIAL DATE SET (Judicial Officer: Burgess, Ralph K ) 

Event Code: TRIAL Memo: 1111 @ 9A NB 

g:j Order to Appear 

Event Code: OA 

g:j MOTION IN LIMINE (Judicial Officer: Burgess, Ralph K) 

Event Code: MOT/IN/LIM 

PAGE40F9 Printed on 09/16)}015 at I 0:56AM 
10/31/2011 

10/31/2011 

10/3112011 

11/01/201 I 

1110112011 

11/01/201 I 

I 11011201 I 

I 1/011201 I 

11/01/2011 

11103/201 I 

I 1/03/201 I 

11103/201 1 

11103/2011 

I 1/03/2011 

11118/201 I 

11130/201 I 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No.llF0763-005 

qj MOTION IN LIMINE (Judicial Officer: Burgess, Ralph K) 

Event Code: MOT/IN/LIM 

qj SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

qj SUBPOENA RETURN SERVED (Judicial Officer: Burgess, Ralph K) 

Event Code: SRS 

qj ELECTION/PUNISHMENT BY THE JURY (Judicial Officer: Burgess, Ralph K) 

Event Code: ELECTION 

Jury Sworn (OCA) (Judicial Officer: Burgess, Ralph K) 

Event Code: ]/SWORN 

JURY VOIR DIRE (Judicial Officer: Burgess, Ralph K) 

Event Code: ]/VOIR DIRE 

[j JURY PANEL LIST (Judicial Officer: Burgess, Ralph K) 

Event Code: JPL 

[j JURORS SELECTED (Judicial Officer: Burgess, Ralph K) 

Event Code: JUS 

[j JURY SHUFFLE-I ST (Judicial Officer: Burgess, Ralph K ) 

Event Code: lSI 

~CHARGE ON PUNISHMENT (Judicial Officer: Burgess, Ralph K) 

Event Code: PUNISHMENT!CH 

~CHARGE OF THE COURT (Judicial Officer: Burgess, Ralph K) 

Event Code: ]/CHARGE 

~RECEIPT OF EXHIBITS (Judicial Officer: Burgess, Ralph K) 

Event Code: REE Memo: TRIAL EXHIBITS 

~Disposition (Judicial Officer: Burgess, Ralph K) 

Coni Type: TDC (TEXAS DEPT CORRECTIONS) Coni Length: 50Yrs Sentence Date: Nov 3 

201112:00AM To Commence: Nov 3 201112:00AM Reporter: JR (lANA ATCHISON 

RUSHING) Jury Trial: Yes 

I. MURDER 

Not Guilty 

Sentence (Judicial Officer: Burgess, Ralph K) 

I. MURDER 

Adult Sentence 

Confinement to Commence I 1103/20 II 

50 Years, Texas Department of Criminal Justice, Texas Department of Criminal Justice 

qj ORDER FOR PAYMENT OF WITNESS EXPENSES 

CJIS FORM (Judicial Officer: Burgess, Ralph K) 

Event Code: CJIS 

PAGE 5 OF 9 Printed on 09/16~015 at 10:56 AM 
11130/2011 

12/0112011 

01/30/2012 

01130/2012 

0113112012 

01131/2012 

01131/2012 

0113112012 

02/0112012 

02/0112012 

02/03/2012 

02/07/2012 

02/07/2012 

02/17/2012 

03/0112012 

03/06/2012 

03/06/2012 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No.llF0763-005 

{ij LETTER COMMITMENT PAPERS (Judicial Officer: Burgess, Ralph K) 

Event Code: LTRICP 

~MOTION FOR NEW TRIAL (Judicial Officer: Burgess, Ralph K) 

Event Code: MOINW/JRL 

Notice of Appeal 

Transcript Due: Mar 2 2012 12:00AM Motion New Trial: Dec 1 201112:00AM Notice of 

Apppeal: Jan 30 2012 12:00AM Attorney: M.MOWLA (MICHAEL MOWLA) Active: No 

{icl Notice of Appeal 

CIDAICRICOA (Judicial Officer: Burgess, Ralph K) 

Event Code: CDACRCOA 

~ORDER FOR ATTORNEY WITHDRAW (Judicial Officer: Burgess, Ralph K) 

Event Code: OGA W 

<ij ORDER TO APPOINT ATTORNEY ON APPEAL (Judicial Officer: Burgess, Ralph K) 

Event Code: ORAAA 

<ij AFFIDAVIT OF INDIGENCY (Judicial Officer: Burgess, Ralph K) 

Event Code: AOI 

<ij REQUEST REPORTER'S RECORD (Judicial Officer: Burgess, Ralph K) 

Event Code: RFRR 

<ij REQUEST CLERK'S RECORD (Judicial Officer: Burgess, Ralph K) 

Event Code: REQICR 

{ij LETTER COURT OF APPEALS NOTICE OF APPEAL RECEIVED (Judicial Officer: 

Burgess, Ralph K) 

Event Code: LCOANR 

<ij EXHIBITS CHECKED OUT (Judicial Officer: Burgess, Ralph K) 

Event Code: EXC 

{ij Capias Returned Unserved 

Event Code: CU 

QJ EXHIBITS RETURNED (Judicial Officer: Burgess, Ralph K) 

Event Code: EXRE 

~Clerks Record 

Event Code: CR 

QJ REQUEST REPORTER'S RECORD (Judicial Officer: Burgess, Ralph K) 

Event Code: RFRR 

{icl Trial Court Certificate 

Event Code: TCC 

PAGE 6 OF 9 Printed on 09/I6J20J5 at I 0:56AM 
03/07/2012 

03/07/2012 

03/07/2012 

03/07/2012 

03/08/2012 

03/09/2012 

04/27/2012 

04/30/2012 

05/17/2012 

09/07/2012 

09/07/2012 

09/10/2012 

03115/2013 

05/13/2014 

05/13/2014 

05/22/2014 

07/21/2014 

07/21/2014 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No. 11F0763-005 

Q;J Trial Court Certificate 

Event Code: TCC 

Q;J ORDER (Judicial Officer: Burgess, Ralph K) 

Event Code: ORDER Memo: GRANTING MOTION FOR FREE REPORTER'S RECORD & 

CLERK'S RECORD 

~Clerks Record 

Event Code: CR Memo: 1ST SUPPLEMENTAL 

Q;j COURT OF APPEALS LETTER (Judicial Officer: Burgess, Ralph K) 

Event Code: COAL 

QJ REPORTERS RECORD (Judicial Officer: Burgess, Ralph K) 

Event Code: RR Memo: VOL 1-5 ON CD AND VOL 6 A HARD COPY 

Q;j CARD RECEIVED FROM COURT OF APPEALS (Judicial Officer: Burgess, Ralph K) 

Event Code: CARD 

Q;J Grant/ Approval 

Event Code: GRANT 

C/C TO AUDITOR (Judicial Officer: Burgess, Ralph K) 

Event Code: CA 

Q;j REPORTERS RECORD CHECKED OUT (Judicial Officer: Burgess, Ralph K) 

Event Code: RRC Memo: SENT VIA COURIER TO KRISTJAN YOUNG- DA 'S OFFICE 

~COURT OF APPEALS OPINION (Judicial Officer: Burgess, Ralph K) 

Event Code: CTS OPINION 

~COURT OF APPEALS JUDGMENT AFFIRMED (Judicial Officer: Burgess, Ralph K) 

Event Code: COAJA 

~REPORTERS RECORD RETURNED (Judicial Officer: Burgess, Ralph K) 

Event Code: RRRE Memo: VOL 6 OF 6 RETURNED 

~MANDATE/ AFFIRMED (Judicial Officer: Burgess, Ralph K) 

Event Code: MANA 

Q;j HABEAS CORPUS POST CONVICTION 

(A) - Copy to Court and DA 

QJ MEMORANDUM OF LAW 

REPORTERS RECORD CHECKED OUT 

Leisa Pearlman 

~AMENDED APPLICATION FOR WRIT OF HABEAS CORPUS 

Q;j MEMORANDUM OF LAW 

AMENDED 

PAGE70F9 Printed on 09/J6JOJ5 at 10:56 AM 
07/30/2014 

07/31/2014 

08/18/2014 

09/11/2014 

09/23/2014 

10/21/2014 

11/10/2014 

03/02/2015 

05/04/2015 

05/12/2015 

05112/2015 

05/12/2015 

06118/2015 

06/26/2015 

08/03/2015 

08/06/2015 

08/28/2015 

09/11/2015 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No.l1F0763-005 

~MOTION 

TO RELEASE ITEMS FOR TESTING 

~Order Setting Hearing 

8129114 9am NB 

~ Order Setting Hearing 

9/11114 1:30pm NB 

Motion Hearing (I :30 PM) (Judicial Officer: Burgess, Ralph K) 

DNA TESTING 

~ORDER 

Order for Scientific Testing. .. sent certified copy to DA, Leisa Pearlman, Craig Henry, F. 

Clinton Broden 

~ORDER for evidence to be handed over to TTPD and then to Forensic Ballistics in Ft Worth, Tx. for 

testing. 

~EXHIBITS CHECKED OUT 

by Scott Lillis with TTPD - #66, 67, 68, 69, 70 and 71 

REPORTERS RECORD RETURNED 

Becky brought back. Record was on Leslie s desk after Leisa left. 

~ Motion for Extension of Time 

m Clerks Record 

{i:l Clerks Record to CCA 

{ij LETTER CLERK RECORD MAILED 

F. Clinton Broden Attorney 

~COURT OF CRIMINAL APPEALS ORDER/WRIT 

Supplemental to be mailed within 120 days 

QJ MEMORANDUM OF LAW 

SUPPLEMENTAL-Copy to Court 

~Order Setting Hearing 

on HABEAS CORPUS for 8/28/2015 9am NB 

~HEARING RESET 

on HABEAS CORPUS for 9/11/2015 lOam NB 

Hearing (9:00AM) (Judicial Officer: Miller, Bill) 

30 Minutes-Habeas 

~Motion for Extension of Time 

PAGE80F9 Printed on 09/16~0 15 at I 0:56AM 
09/11/2015 

09111/2015 

DATE 

gJ RECEIPT OF EXHIBITS 

5TH DISTRICT COURT 

CASE SUMMARY 

CASE No. 11F0763-005 

Hearing (I 0:00AM) (Judicial Officer: Miller, Bill) 

30 Minutes-Hearing on Writ of Habeas Corpus 

FINANCIAL INFORMATION 

Defendant DEWBERRY, STEDMON MONTREL 

Total Charges 

Total Payments and Credits 

Balance Due as of 9/16/2015 

PAGE90F9 

259.00 

0.00 

259.00 

Printed on 09116/2015 at 10:56 AM 
5th District Court 

COURT DOCKET 

•11F0763-00S 09/22/ll 

STATE OF TEXAS 

vs 

STEDMON MONTREL DEWBERRY 

MURDER 

DATE OF ORDERS I ORDl.;RS 0!~ COURT 

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BRODEN, MICKELSEN 

HELMS & SNIPES LLP FILED FOR RECORfi 

2015 JUN 26 PM J: OS 

*Board Certified, Criminal Law· Texas Board of Legal Specialization 

*Board Certified, Criminal Appellate Law· Texas Board of Legal Spectali' · 

A team approach to criminal defense 

F. Clinton Broden* 

Mick Mickelsen• 

Bowie County District Clerk 

710 James Bowie Drive 

New Boston, Texas 75570-3512 

Dear District Clerk: 

June 24, 2015 

Michael Snipes 

Please find the original Supplemental Memorandum of Law in Support of 

Application for Writ of Habeas Corpus Pursuant to Tex. Code Crim. P. Art. 11.07. 

I have also enclosed, along with a self-addressed, stamped envelope, one extra 

copy of each for file stamping. 

If you have any questions or concerns please feel free to contact us at the number 

below. Thank you for your assistance. 

Enclosures (2) 

Cc w/ Enclosure: Bowie County District Attorney's Office 

710 James Bowie Drive 

New Boston, Texas 75570-3512 

Sincerely, 

2600 State Street • Dallas, Texas 75204 • Tel. (214) 720-9552 • Fax (214) 720·9594 

www.DallasCriminaiLawyers.com 
No. 11F0763-005-A r:·ILEO FOR RECORU 

201~ JUN 26 PH J: 05 

EXPARTE ) 

) 

STEDMON DEWBERRY ) ___________________ ) 

5th DISTRICT COURT 

BOWIE COUNTY, TEXA 

SUPPLEMENTAL MEMORANDUM OF LAW IN SUPPORT OF 

APPLICATION FOR WRIT OF HABEAS CORPUS PURSUANT TO TEX. 

CODE CRIM. P. ART.ll.07 

I. INTRODUCTION 

As noted in Stedmond Dewberry's Memorandum of Law in Support of 

Application for Writ of Habeas Corpus Pursuant to Tex. Code Crim. P. Art. 11.07, the 

sole focus of the trial in this case was the question of who shot, Latasha Antwine. 

Was it Mr. Dewberry, as repeatedly argued by the State, or was it Brioni Dansby or 

Brandon Antwine? 

In his Application, Mr. Dewberry argued, inter. alia, that he was denied 

effective assistance of counsel when his trial attorney failed to consult with, retain 

and call as a witness a ballistics expert. Indeed, Mr. Dewberry's trial counsel had 

submitted an affidavit stating that the only reason he did not retain a ballistics expert 

was because of cost. See Attachment 1.1 

The United States Court of Appeals for the Fifth Circuit has held several times 

1

The Court of Criminal Appeals has made clear that an attorney can be found to be 

ineffective when he declines to hire an expert for economic reasons even if that attorney is 

retained. See, e.g., Ex Parte Briggs, 187 S.W.3d 458 (Tex. Crim. App. 2005). 

13 
that it can constitute deficient performance for a trial attorney to fail to consult with 

and present the testimony of a ballistics expert in a case such as this. Williams v. 

Thaler, 684 F.3d 597, 604 (5th Cir. 2012) ("It is uncontested here that trial counsel's 

performance fell below an objective standard of reasonableness. Williams's counsel 

failed to obtain any independent ballistics or forensics experts, and was therefore 

unable to offer any meaningful challenge to the findings and conclusions of the state's 

experts .... "); cert. denied, 133 S.Ct. 866 (2013); Draughon v. Dretke, 427 F.3d 286, 

295-97 (5th Cir. 2005) (State habeas court unreasonably applied settled federal law in 

holding that trial counsel had not been ineffective in failing to obtain forensic 

examination ofpath of fatal bullet.), cert. denied, 547 U.S. 1019 (2006); Soffar v. 

Dretke, 368 F.3d 441, 478-79 (5th Cir. 2004) (Trial counsel was found ineffective 

where he "failed to consult with a ballistics expert" even though the physical crime 

scene evidence was a key issue in the case). 2 

II. RESULTS OF BALLISTIC/DNA TESTING 

Over the State's objection, this Court ordered the release of all the ballistic 

evidence in this case for scientific testing. Included among the items released was a 

bullet fragment identified by the State in its crime scene investigation as CSE-2 and 

2

Likewise, the Court of Criminal Appeals has acknowledged that a trial attorney's failure 

to present the testimony of a ballistics expert could constitute ineffective assistance of counsel 

when it remanded a case for further factual development on this issue. Ex parte Vargas, 2006 

WL 3086217 (Tex. Crim. App. Nov. 1, 2006). 

2 

14 
at trial as State's Exhibit 66. Ballistics expert Richard Ernest was first able to 

determine that State's Exhibit 66 was a .40 caliber bullet. See Attachment 2. Mr. 

Ernest was able to remove biological material from this .40 caliber bullet. !d. This 

biological material was later sent to Cellmark Forensics for testing. ld. Although 

Cellmark did not have a sample of the DNA from the female victim in this case, 

Cellmark did confirm that the biological material from the .40 caliber bullet contained 

female DNA. See Attachment 3. Significantly, it was undisputed at trial that Mr. 

Dewberry was firing a 9mm weapon and Brioni Dansby was frring a .40 caliber 

weapon.3 Moreover, the State actually argued in its closing that it was "common 

sense" that CSE-2/Exhibit 66 came from Dansby's gun. See November 3, 2011 

Transcript at 50. 

In light of this finding, Mr. Dewberry submits that his trial counsel did, in fact, 

afford him ineffective assistance of counsel because of his failure to undertake 

scientific testing of the ballistics evidence in this case. The knowledge that the .40 

caliber bullet contained traces of female DNA raises "a reasonable probability" of a 

different result had this information been made known to the jury. Strickland v. 

3

Moreover, according to the State's crime scene diagram, this bullet was located between 

where Brioni was firing and where Mr. Dewberry was firing but it was located significantly 

closer to Mr. Dewberry further indicating it was shot by Brioni toward Mr. Dewberry. 

3 

15 
Washington, 466 U.S. 668, 694 (1984).4 Indeed, Mr. Dewberry submits that this 

knowledge alone is sufficient to undermine the confidence in the verdict and sentence 

in this case. Alternatively, it justifies a comparison of the victim's DNA, if available, 

to the DNA removed from Exhibit 66 and/or a ballistic comparison between State's 

4

Strickland defines a .. reasonable probability" as "a probability sufficient to undermine 

confidence in the outcome." I d. at 694. Strickland itself expressly rejected an "outcome 

determinative standard" requiring the defendant to show that counsel's deficient conduct "more 

likely than not altered the outcome" of the case. Strickland, 466 U.S. at 693-94 (1984). Instead, 

"[t]he result of a proceeding can be rendered unreliable, and hence the proceeding itself unfair, 

even if the errors of counsel cannot be shown by a preponderance of the evidence to have 

determined the outcome." I d. Thus, the "reasonable probability" standard - a probability 

sufficient to wderrnine confidence in the outcome - is a less onerous burden than even the 

preponderance of the evidence standard. Strickland makes this clear: 

[W]e believe that a defendant need not show that counsel's deficient conduct more 

likely than not altered the outcome in the case. This outcome-determinative 

standard has several strengths. It defines the relevant inquiry in a way familiar to 

courts, though the inquiry, as is inevitable, is anything but precise. The standard 

also reflects the profowd importance of finality in criminal proceedings. 

Moreover, it comports with the widely used standard for assessing motions for 

new trial based on newly discovered evidence. See Brief for United States as 

Amicus Curiae 19-20, and nn. 10, 11. Nevertheless, the standard is not quite 

appropriate. 

Even when the specified attorney error results in the omission of certain evidence, 

the newly discovered evidence standard is not an apt source from which to draw a 

prejudice standard for ineffectiveness claims. The high standard for newly 

discovered evidence claims presupposes that all the essential elements of a 

presumptively accurate and fair proceeding were present in the proceeding whose 

result is challenged. An ineffective assistance claim asserts the absence of one of 

the crucial assurances that the result of the proceeding is reliable, so finality 

concerns are somewhat weaker and the appropriate standard of prejudice should 

be somewhat lower. The result of a proceeding can be rendered unreliable, and 

hence the proceeding itself unfair, even if the errors of counsel cannot be shown 

by a preponderance of the evidence to have determined the outcome. 

Id. at 693-94 (citation omitted) (emphasis added). 

4 

16 
Exhibit 66 and Dansby's .40 caliber gun. 

5 

Respectfully submitted, 

F. Clinton Broden 

Tx. Bar 24001495 

Broden, Mickelsen, Helms & Snipes 

2600 State Street 

Dallas, Texas 75204 

214-720-9552 

214-720-9594 (facsimile) 

Attorney for Applicant 

Stedmon Dewberry 

17 
CERTIFICATE OF SERVICE 

I, F. Clinton Broden, certify that, on June 24, 2015, I caused a copy of the 

above document to be served via first class mail, postage prepaid, on: 

Bowie County District Attorney's Office 

710 Bowie Drive 

New Boston, Texas 75570-3512 

6 

F. Clinton Broden 

18 
ATTACHMENT 1 

• <' 19 
: 

AFFIDAVIT OF JOHNNY P • .ARNOLD 

Jolmny P. Arnold, being at least eighteen years of age, pursuant to Texas Civil Practice and 

Remedies Code§ 132.001, deposes and states as foJJows: 

1. I have been license to practice law in the State of Texas since 1977. 

2. I was retained to represent Stedmon Dewbmy against murder charges brought in 

the Fifth District Court in case number 11 F0763..00S 

3. The simple fact is that the Dewberry fiunily could not afford to hire a ballistics 

expert so I did not obtain an expert. I even had to cut my fee so they could afford to 

hire an appellate attorney. 

My name is Johnny P. Arnold, my date ofbirtb is November 11, 1949, and my address is 

4015 N. Stateline Avenue, Texarkana, Texas 77503. I declare under penalty of perjury that the 

foregoing is true and correct. 

Executed in Bowie County, State of Texas, on the /5 day May .2014 

10HNNY P. ARNOLD 

20 
ATTACHMENT 2 

21 
No. ________________ __ 

EX PARTE 5th DISTRICT COURT 

STEDMON DEWEBERRY 

) 

) 

) BOWIE COUNTY, TEXAS 

AFFIDAVIT OF RICHARD N. ERNEST 

ORIGlN.\L 

Richard N. Ernest, being at least eighteen years of age, deposes and states as 

follows: 

1. I am an expert in the field of forensic ballistics and the 

reconstruction of shooting scenes. I have been in this field since 1 977 

and have worked at the Georgia Bureau oflnvestigation and the Tarrant 

County Medical Examiner's Office. I am a member of several 

professional organizations and a Distinguished Member of the 

Association of Firearms & Toolmarks Examiners. I have authored 

several papers in these areas. I have worked on well over 10,000 

firearms related cases including numerous cases involving shooting 

scene reconstructions. I have testified in state, federal and military 

courts throughout the nation and believe I have offered testimony in 

over I ,000 cases. My resume is attached to this affidavit. 

2. As per this Court's order, I was provided with what purported to 

be all bullets, bullet components and fragments related to this case. I 

was provided with seven items. I noted that it does not appear that I was 

provided CSE-1 5 which was allegedly a bullet found at the crime scene. 

Likewise, I was not provided CSE-13 which was described as a copper 

bullet jacket removed from a white Mercury Grand Marquis. 

3. Nevertheless, included in the material I received was a bullet 

identified by the State in its crime scene investigation as "CSE-2." CSE2 was located in the vicinity of where Mr. Dewberry was alleged to have 

been standing during the incident in question. In my internal notes I 

refer to CSE-2 as Item 2A. 

22 
4. Based upon my examination, I have concluded that CSE-2/Item 

2A was fired from a .40 caliber weapon. My understanding is that it was 

undisputed that, during the incident, Mr. Dewberry was firing a 9mm 

weapon and Brioni Dansby was firing a .40 caliber weapon. 

5. I determined that the .40 caliber bullet identified as CSE~2/Item 

2A contained trace evidence. I removed a sampling of this trace 

evidence and packaged it in an epp. tube and envelope and labeled the 

package Item 2B. At the direction ofF. Clinton Broden I then sent Item 

2B by overnight delivery to Cellrnark Laboratories for further testing. 

My name is Richard N. Ernest, my date of birth is o2..fti.h 151 , and my address 

f[ 

lS 'o5t> -,:. L A,JcA'Y[S"- A~~'f .fi~r ~~m,:r'l ..,,.,2- I 

declare under penalty of perjury that the foregoing is true and correct. 

Executed in '1:Au~t.w:r County, State on£&\-s ,onthe qi_ 

day April, 2015. 

1?1J 1{. Y--· 

RICHARD N. ERNEST 

23 
. . 

ATTACHMENT 3 

24 
•Cellmlrk 

~FORENSICS ........................... " ..... Report of Laboratory Examination 

Aprill4, 2015 

F. Clinton Broden 

Broden, Mickelsen, Helms & Snipes 

2600 State Street 

Dallas, TX 75204 

Supplemental- FR15-0025-A 

CELLMARK FORENSICS NO: FRlS-0025 

AGENCY CASE NO: 2014-0423-CRD 

ADD'L AGENCY NO: N/A 

EXHIBITS 

Client Item CF Item 

2014-0423..CRD-001-2B FRIS-0025-01 

RESULTS 

Received Item Description 

1/30/2015 Trace Evidence 

13988 DiplollUit Dr. Suite 1 00 

Dallas TX 75234 

Phone: 1-800-752-2774 

Fax: 214-271-8322 

PCR 

y 

DNA testing using the polymerase chain reaction (PCR) and the MiniFilerTM STR Amplification Kit was 

perfonned on Item 01. The loci tested and the results obtained for each tested sample are listed in Table 1 

(see attachment). 

DNA testing using the polymerase chain reaction (PCR) and the AmpFlSTR Identifiler PiusTM Amplification 

Kit was performed on Item 01. The loci tested and the results obtained for each tested sample are listed in 

Table 2 (see attachment). 

This report supplements Cellmark Forensics' Laboratory Report FRIS-0025 dated February 25, 2015. 

CONCLUSIONS 

FRIS-0025-01.01.1 

The partial DNA profile obtained from the trace evidence is consistent with originating from an unknown 

female. Comparison to a reference sample(s) will be made upon request. 

DISPOSITION 

In the absence of specific instruction, evidence will be retmned to the submitting agency by Federal Express 

or another appropriate carrier. 

Cell mark Forensics 201 ~23-CRD I 

Accredlled by the American Society of Crime La bora wry Director.s/Laboratory Accreditation Board· IntemaJjonaJ 

FR15...(}()2S-A 

1 of22s 
·····-·-··········- -------------------- ·. 

REVIEW 

The results described in this report have been reviewed by the folio 

Technical 

Analyst: Reviewer: 

ratmy Director 

Proceckuv used in tile analysis of this ~ase adhere to the Quality ASSUilloce Sranclartli for FORDSic DNA Ttsting Laboratories. CeUmarlc. Forcosics is accredited by the American Society 

of Crime Laboralory Direct01'SIL.abonltoJY Accreditation Boanl. Tho row!Ja io thia ~on relate oaly to tllo item& tosted. 

April 14, 201S Ce/Jmark Fore~ics 2014-0423-CRDI 

Accredited by the American Society of Crime Laboratory Dlnctcm/Laboratory Accredil{ltiqn Board -lnt8matjonol 

FR 15-0025-A 

2 of226 
ICellmark 

................. 

~FORENSICS , ........... . llbC«p ~Tes111tgCELLMARK FORENSICS NO: FRlS-0025 

AGENCY CASE NO: 2014-0423-CRD 

ADD'I, AGENCY NO: N/A 

Table I MiDI Filer 

Sample Name ..... 

... c;) 

.... 

~ i ... ..... Q Q 

Trace Evidence 11,13 )()-

FRI S-0025-01.01.1 

20 t 4-0423-CRD-001-28 

X=Female 

Report of Laboratory Examination 

~ 

~ '< 

X4/14/2015 

Supplemental - FRIS-0025-A 

aD 

.... ... .... ... - {l.l 

{l.l ... Q 

N a 

24- 27,29 

0\ 

:l 

~ ... 

Q 

11, 12 

-=Below 5tochastic threshold Additional peak(s) may be present below limit of detection. 

The results listed in the table do not depict intensity differences. Only alleles exceeding validated analysis threshold are included in table. 

1\.l 

..... 

.... 

lrl 

ril 

... 

Q 

16, 18 

Accredited by the Ameriam Socifty of Crime LabQTQJory Directon!Laboratory Accreditati011 Board- 111/ematiortaJ 

0 

-

"" t:J 

{,) 

11-

.. 

13988 Diplomat Dr. Suite 100 • 

Dallas TX 75234 

Phone: 1-800-752-2774 

Fax: 214-271-8322 

~ 

"" 

23-

I 

Supplemental- FRlS-0025-A 

I of 2 
1 Cell11181'k 

EFORENSICS 

IMoq) $iiKiellJ Tesllng GI'QVII 

CELLMARK FORENSICS NO: FRIS-0025 

AGENCY CASE NO: 

ADD'L AGENCY NO: 

Table% 

Sample Name 

Trace Evidence 

FRIS-002S-OLOLl 

20 14-0423-CRD-001-28 

X=Female 

NR = No Result 

2014-0423-CRD 

N/A 

ldentifiler Pin 

~ 

1"'- ... = -- - i Ill 

ril -

N ..... Q Q Q 

NR NR NR 

Report of Laboratory Examination 

0 oc 

on Do ... ... .... ~ v 8 

NR NR 

4/14/2015 

Supplemental- FR15-0025-A 

1"'- 01 .... .., .... ~ on 

~ rn ... I,D 

.... .... 

= Q 

NR NR NR 

QO .., ~ ... -

~ i .... Q Q 

NR NR 

The results listed in the table do not depict intensity differences. Only alleles exceeding validated analysis tlm:shold are included in table. 

N 

00 

< 

~ 

NR 

---

A.ccrediteri by tire American Society of Crime LoboraJory Directors/Laboratory Accndilalion Boarri- lnternalioPIDI 

~ ... 

~ ~ .... 

Cl 

NR NR 

- L__ 

13988 Diplomat Dr. Suite I 00 

Dallas TX 75234 

Phone: 1-800-752-2774 

Fax: 214-271-8322 

~ oc 

.... 

~ OD 

~ 

NR NR NR 

-

SuJiplemental - FR I 5-(){)2.5-A 

2 of 2 

• 

•' 

_i 

I 
;-iLED FOR RECOHO 

No. 11 F0763-005-A ZO 15 AUG I 0 PM J: 31 

:.:~~!BOWIECO X ------ J'JF.PII Y 

STATE OF TEXAS 

vs. 

STEDMON DEWBERRY BOWIE COUNTY, TEXAS 

ORDER SETTING HEARING ON DEFENDANT'S 

WRIT OF HABEAS CORPUS 

The Court is of the opinion that the Defendant is entitled to a hearing on his writ of 

habeas corpus. It is therefore ordered that a hearing is set for the 28th day of August, 2015 at 

9:00 o'clock a.m. in the 5th Judicial District Courtroom located on the 2nd floor of the Bowie 

County Courthouse, New Boston, Texas. 

Signed and entered on the 3rd day of August, 2015. 

Bill Miller, District Judge 

'29 
Billy Fox Branson 

Bowie County District Clerk 

Bowie County Courthouse 

New Boston, Texas 

IIIII 

IIIII 

Craig L. Henry 

ATTORNEY AT LAW 

Re: State of Texas vs. Stedmon Dewberry 

Cause No. 11F0763-005-A 

Dear Billy: 

.::t·Lr·r, rno cr:c·'ORO ; ! L. ;,I , \,'1 I r\ '-

2ul5 AUG 17 AH 9: II 

- ;! : \_,c! •• -_-_. 

. : ~- ..,. j I '...1 f '. 

Gi3m l CLEH!~ BOWIE CO TX 

Enclosed herewith please find an original and one (1) copy of Order Rescheduling 

Hearing on Defendant's Writ of Habeas Corpus. Please file the original, affix your file stamp to 

the copy and return same to my office. 

By copy of this letter, I am serving a true and correct copy of the foregoing letter on 

Lauren Sutton, Assistant District Attorney for Bowie County via hand delivery - return receipt 

requested. 

Thank you for your attention in this regard. Should you have any questions or concerns, 

please don't hesitate to call. 

CLH/kf 

Enclosures 

Cc: Lauren Sutton- hand delivery- return receipt requested 

Sincerely, 

I 

! 
No. IIF0763-005-A 2[! 15 AUG 17 AM 9: 11 

STATE OF TEXAS 

vs. 

STEDMON DEWBERRY BOWIE COUNTY, TEXAS 

ORDER RESCHEDULING HEARING ON DEFENDANT'S 

WRIT OF HABEAS CORPUS 

The August 28th hearing previously set in this case is hereby reset for September II, 

2015 @ 10: 00 a.m. in the 51

h Judicial District Courtroom located on the 2"d floor of the Bowie 

County Courthouse, New Boston, Texas. 

Signed and entered on the 6th day of August 2015. 

Bill Miller, District Judge 

31 
! ........ 

RECEIPT FOR EXHIBITS~ CCP. 2.21 & TRC 75a 

§ 

§ 

§ 

IN THE DISTRICT COURT 

../'(" -.: ;~r, c:o- R-- RVf:'.',:.·:· -'}·1 • . ' .-.. •- J I , ._ •··· ~- " .. 

STH JUDI~IA~rnf~~t PH J2: 27 

~ § ..... v-o, ~~~... § BOWIECO~I~r80~,11£CO.D:. 

I, L"lie P. Bat,., Court Reporter fo~ the 5th District Court, do here~/~< Branson, District Clerk in and for Bowie County, Texas, the following exhibits in the above numbered 

and styled cause: 

Exhibits 

1. 1. 

2. 2. 

3. 3. 

4. 4. 

5. 5. 

6. 6. 

7. 7. 

8. 8. 

9. 9. 

10. 10. 

11. 11. 

12. 12. 

13. 13. 

14. 14. 

15. 15. 

~~ Court Reporter 

I, Billy Fox Branson, District Clerk, do hereby acknowledge receipt of the above-listed exhibits in the 

above numbered a:"d styled cause. 

Dated this the rAA day of ~ 'zo1.5_. 

Billy Fox Branson, District Clerk 

Bowie Countyt Texas 

, Deputy 

32 
;:!LED FOH RECORD 

IN THE COURT OF CRIMINAL APPEALS OF TEXAS 

2815 SEP It PH 3: 15 

No. WR~83, 308-01 

------------------------------------------~~?-~~~~~~~y MOTION FOR EXTENSION OF TIME TO MAKE FINDI 

CONCLUSIONS OF LAW 

TO THE HONORABLE JUDGES OF SAID COURT: 

On or about May 13, 2014, Applicant, Stedmon Dewberry, filed a Writ of Habeas 

Corpus, followed by an Amended Writ of Habeas Corpus on July 21, 2014, asserting ineffective 

assistance of trial counsel. On or about July 30, 2014, Applicant filed a Motion to Release Items 

for Testing. The 5th District Court held a hearing on said Motion on September 11, 2014. 

Thereafter, on September 23, 2014, the Court entered an Order for Scientific Testing, and on 

October 21, 2014, the court entered an Order for evidence to be turned over to the Texarkana 

Police Department and then to Forensic Ballistics Consultant and Laboratory in Ft. Worth, Texas 

for testing and submission of a report. The Order further stated that upon the completion of 

testing, the evidence should be returned to the Texarkana Police Department by overnight 

delivery. 

On or about June 18,2015, the Court of Criminal Appeals entered an Order directing the 

District Court to make findings of fact and conclusions of law it deems relevant and appropriate 

to the disposition of Applicant's claim for habeas corpus reliefv.ithin 90 days of the Order. The 

Order further stated that an extension of time shall be obtained from the Court. 

On or about JW1e 26, 2015, App1icant filed a Supplemental Memorandum of Law in 

support of Application for Writ of Habeas Corpus, attaching the Affidavit of his ballistics expert, 

and discussing the expert's findings. As a result of the ballistics testing performed by the expert, 

a hearing was held on September ll, 20 15 to discuss the need for additional testing to determine 

33 
whether the biological matter allegedly found on a bullet matched the victim's DNA. The Court 

ordered that the State take possession of the bullet in question and attempt to secure additional 

DNA testing on the bullet or otherwise determine that no DNA matching the victim could be 

found absent exhuming the victim. The Court has ordered the State to present a preliminary 

determination to the Court within fourteen days of the September 11, 2015 hearing on (i) 

whether comparative DNA samples can be obtained and (ii) the time frame tor conducting a 

comparative DNA analysis if sample can be obtained. 

Accordingly. until it is determined whether DNA testing may be performed, and if so, 

until said testing is performed, the District Court cannot make findings of fact and conclusions of 

law as additional forensic analysis is required. 

To further complicate matters, the Court ordered the District Court to order trial counsel 

to respond to Applicant's claims of ineffective assistance of counsel. Applicant's trial counsel is 

deceased, and therefore. an affidavit responding to Applicant's ineffective assistance of counsel 

claims cannot be obtained from trial counsel. 

Therefore, the Court requests an extension of time to enter findings of facts and 

conclusions of law in connection with Applicant's Application for Writ of Habeas Corpus to and 

until a determination is made as to whether DNA testing can be performed, and if so, until such 

times as testing is performed, a report is prepared and the Court has an opportunity to evaluate 

said report and prepare its findings of fact and conclusions oflaw. 

Signed this 11th day ofSeptember 2015. 

CCA No. WR-83, 308-01 Extension of Time 

Page2 

Bill Miller,Judge 

5th District Court of Bowie County 

34 
CLERK'S CERTIFICATE 

THE STATE OF TEXAS 

COUNTY OF BOWIE 

I, BILLY FOX, Clerk of the 5th District Court of Bowie County, Texas 

do hereby certify that the above and foregoing are true and correct copies of the 

originals as on file in my office. 

GIVEN UNDER MY HAND AND SEAL OF THE SAID COURT at 

office in New Boston, Texas, this the on this the 16th day of September, 2015. 

BILLY FOX, DISTRICT CLERK 

BOWIE COUNTY, TEXAS 

\ \ 

ori Caraway, Supervisor 

Criminal Department 

35