STATE OF TEXAS COURT OF CRIMINAL APPEALS

FRDWI^/Vfey,/»S0URT 0F flPPEASL

COURT OF

ZACHARIAH HARVEY

V

STATE OF TEXAS

M 28 2015

Abel Acoata, Clerk

174th DISTRICT COURT OF

HARRIS COUNTY. TEXAS

CAUSE N0:1_3JJLZ£5

APPEAL NO: 14-1 3-nn?7ir,F

PETITION FOR DISCRETIONARY REVIEU PD# 1386-14

' l FIROPi;: DENIAL 1-12-15 COURT OF APPEALS14th DISTRICT

TO THE HONORABLE COURT:

COMES NOW. ZACHARIAH HflRVFY. whom IS INCARCERATED PROSE and IS IN

DIGENT. I HAVE NO MONEY, MATERIAL WEALTH, OR INCOME FROM ANY SOUP

RCE TO PAY FEES COSTS AND OR ATTORNEY. SPFl Iman B19 S.W.2D406 TEX

CRIM CODE PF PROCEDURE 145.TEX RULE OFAPPELLATE PROCEDURE 20 11

CITE: HTRRFNS 257 S.W. 3d 634.

THIS CAUSE IS TIMELY ON INEFFECTIVE ASSISTANCE OF COUNSEL/ON

APPEAL. FAILS TO CITE LAWS THAT APPLY TO MY CASE. FAILED TO INVE

STIGATE OR EVEN CITE OUT OF STATE LAW FROM ARKANSAS. CLAIMING IT

WAS FROM CRIMINAL COURT OF APPEALS. ON AND ON.CH£922F2d 52B; SHXLLQ 913S.W.2d 507 TOBIAS BB4 S.W.2d 571 TO ALLOW PROSE LITIGATION

lilIfiriTNS 123 S.Ct 2527 CAN BRING NWE THEORIES IN THE INTEREST OF

JUSTICE. RPCHEILE 791 S.W.2d 121 AND TO PROSE REQUIRED ON PDR.

PETERSON B49 S.W.2d 370ART. 1.051 FOR HEARINGS. FARETTA 95 S.Ct

2525. I.IATNRTKHt 102 S. Ct 1300.

ON JULY 13. 2010. MY WIFE KICKED IN MY BEADROOM DDRE. AND PHYSICA

LLY ASSAULTED ME BY HITTING ME NUMEROUS TIMES ABOUT THE FACE AND

UPPER TORSO. I MANANAGE TO GET OUT OF THE BEADROOM TO ESTABLISH

DISTANCE BETWEEN MY WIFE AND SELF. I THEN WENT INTO THE KITCHEN

TO PUT THE DISHES AND UTENSILS AWAY. I TURNED BACK TO SEE MY WIFE

COMMING IN A DOWNWARD MOTION WITH A KNIFE IN HER HAND. I BLOCKED

HER ADVANCE. AND STABED HER ONE TIME. SPONTANEOUSLY.I"..WAS. INMFEAR

FOR MY LIFE. SEE PC.6.03 ALONZO S§8 S.W.3d 77B JUSTIFICATION. THE

STATE DID NOT PROVIDE ITS CASE"INTENT TO KILL BEYOND A REASONABLE

DOUBT" COOK BB4 S.W.2d 4B5.

en
ERROR #1

THE OPPINION OF THE 14th CR NO. 14-1 3-00774 ON AUGUST 26. 2014

FROM THE TRIAL CASE #1311763 BY CHRISTOPHER DAMSON & McCALLY. WAS

GLOBAL CONCLUSSORY. ABUSE OF DISCRETION NOT SUPPORTED BY THE REC

ORD NO CITES. THE ISSUES IN NAME & NUMBER POINT TO THE TRIAL THAT

WAS NEITHER FAIR AND IMPARTIAL. THEY ALLOWED FABRICATION OF THE

TRUE PROCEEDINGS. NO CITINGS WHAT SO EVER. I COULDNT TURN THIS

IN IF I WERE AN ATTORNEY. ABUSE OF DISCRETION FOR THE HONORABLE

COURT OF APPEALS. TO USE THE STATE VERSON OF PROCEEDINGS. SEE

BACK GROUND SUFFICIENCY OF THE EVIDENCE WILL NOT SUSTAIN THE CON

VICTION. IN A SELF DEFENSE CASE WHERE THE ALLEDGE VICTIUM PAST IS

THE BASIS OF THE AFFIRMATIVE DEFENSE OF SELD DEFENSE. THE JURY

MUST BE PRESENT DURING THE TESTIMONY OF ALL THE WITNESSES CALLED

TO VERIFY THE VIOLENT PAST THAT CREATED IN THE MIND OFlFTfflEEDEFENDANT THAT HE WAS IN IMINENT DANGER OR DEATH. AND THAT HIS REACT

ION WAS JUSTIFIED. THIS DID NOT OCCURE. AZARIA HARVEY "DAUGHTER"

TESTIFIED BEFORE THE JURY AND IT WAS LIMITED BY PRE-TRIAL MOTTON

IN LIMINE. BY STATE AZARIAH TESTIFIED THE BEST SHE COULD UNDER W\

SAID MOTION. BUT WAS NOT ALLOWED TO TESTIFY BEFORE THE JURY UND

ER SAID MOTION. BUT WAS NOT ALLOWED TO ELABORATE THOROUGHLY AGA

IN UNDER SAID MOTION. NON OF THE OTHER FOUR WHICH NEGATES THE MAN

-DITORY DUTY OF COURT IN A FAIR AND IMPARTIAL TRIAL. ON THE SUFF

ICIENCY OF THE EVIDENCE OF SELF DEFENSE. THE JURY MUST BE PRESENT

AND WAS NOT. WHO ARE THE WITNESS THAT GAVE TESTIMONY THAT THE

SAME AS TRIAL COURT EXCLUDED? (SEE CUMULATIVE Pg.14) ABSOLLITELY

NO EVIDENCE THAT THE DEFENDANT STABBED THE DECEDANT TWICE. THIS

IS TOTALLY FABRICATED. I REQUIRE AN EXPERT FORENSIC ^SCIENTIST TO

REVIEW THE AUTOPSY AND ALL MEDICAL EXAMINER THAT ACTUALLY PERFOR

MED THE AUTOPSY DID NOT TESTIFY. THE OPINION OF THIS COURT IS RIM

D.DIEB AND BIASED AGAINST THE DEFENDANT. THEIE IS EVIDENCE THAT

THE ALLEFED VICTIM WAS IN A VIOLENT RAGE THAT WE WERE ARGUING. AN

THAT I RETREATED FROM MY BEADROOM TO THE KITCHEN. BUT SOME HOW I

AM THE VIOLENT ONE. WHICH IS NOT RATIONAL. OBVIOUSLY HER INJURIES

CAME WHEN SHE FELL. AND WHEN SHE KICKED DOWN THE DOOR THE PHYSIC^

AL EVIDENCE IS CONSISTENT WITH THE CLAIM OF SELF DEFENSE. WHICH

IS AN AFFIRMATIVE DEFENSE.

C2.1
THE JURY WAS ENTITLED TO INFER THAT THE DECEDENT HAD HER ARMS

RAISED TO SHOW APPELLANT. SHE WAS HOLDING A KNIFE. AND TRIED TO

STAB ME. SHE HAD NO DEFENSIVE WOUNDS. THE JURY WAS NOT FREE TO

TO HEAR THE TESTIMONY OF EXCULPATORY WITNESSES THE STANDARD OF

REVIEW ON SUFFICIENCY OF EVIDENCE ON SELF DEFENSE. WHICH IS AN

AFFIRMATIVE DEFENSE CASE CITED BY THE COUTY OF APPEALS IS CLEARY

ERRONEOUS CONTARARY TO LAW. AND THE ABUSE' OF DISCRETION AS EXPLA

INED ABOVE.

THE STATE HAS THE ULTIMATE BURDEN OF PROOF WHEN CONFRONTED

WITH A SECTION 2.03 AND 2.04 DEFENSE. THE STATE BURDEN IS PROV

ING IT'S CASE BEYOND A REASONABLE DOUBT. THEREFORE. WE HOLD THAT

WHEN A DEFENDANT CHALLENGES .THE FACTUAL SUFFICIENCY OF THE REJE

CTION OF A DEFENSE. THE REVIEWING COURT REVIEWS ALL OF THE EVIDErNCE IN A NEUTRALLIGHT AND ASKS WETHER THE STATE EVIDENCE TAKEN

ALONE IS TOO WEAK TO SUPPORT THE FINDING. AND WEATHER THE FINDING

OF GUILT WAS CONTARY TO THE OVERWHELMING WEIGHT OF THE EVIDENCE

AS TO BE CLEARY WRONG AND UNJUST.THAT A RATIONAL FACT FINDER

C'Ou'lD DETERMINE THAT THE APPELLANT USED DEADLY FORCE WHEN AND TO

THE DEGREE HE REASONABLE BELIVED FORCE WAS IMMEDIATELY NECESSARY

TO PROTECT HIMSELF.

IN THIS CASE WHERE THE ALLEDGED VICTIM USE ATTEMPTED TO USE

UNLAWFUL DEADLY FORCE THAT IS ALL THE LAW REQUIRES TO RAISE THE

ISSUE OF SELF DEFENSE. THIS WOULD ELIMINATE THE ACCUSATION THAT I

MADE A SELF-SERVING SELF DEFENSE. CLAIM. 911 TAPES OF EMERGENCY

PHONE CALL ARE BASED ON HEARSY. NOT STATEMENT OF FACT PER5E: BROWN

355 F3d B2; CRAWFORD 124 S.Ct.1356. THEREBY NOT TRUST WORTHY OF

PRIMARY EVIDENCE. THE CRIME SCEN EVIDENCE IS THE PRIMARY EVIDENCE

WHICH IS NOT SELF SERVING CREDIBILITY OF 911 CALLS CITE PENAL COD

9.31-9.32. DUE TO THE ILLEGAL IMPLEMENTATION OF MOTION IN LINE.

THE JURY WAS NOT ALLOWED TO HEAR FROM FOUR OF THE CHARACTER WITness who were not allowed to give sworn testimony before the jupy

THE PANEL STATES THE JURY IS ENTITLED TO DISBELIEVE THE STATEMENT

AND APPARENTLY THE EVIDENCE FROM THE CRIME SCENE WHICH IS 'iPRJUBELBH£LXHA!CDl§SAAC0NEfcHSQSWL§TSEEMEFJ!R5 it&HJCRlIS QSREreiABCEIDffND (5ISIA

GttEaREVIQEAIIDQN. ..,: ,,. _...••.""

T31
THE GRANTING OF THE MOTION IN LIMINE WAS AN ABUSE OF DISCRE

TION. MISAPPLIED DUE TO THE FACT THAT I HAVE THE RIGHT TO ASSERT

AN AFFIRMATIVE DEFENSE UNDER THE CONSTITUTION OF THE UNITED STATE

RHAMRFRS 93 S.G. 103B. SELF DEFENSE IS BASED TOTALLY UPON iilETHEF:

JURYS CONSIDERATION OF THE ELEMENT WHEN PROPERLY INSTRUCTED. TO u

TO DETERMINE THE GUILT INNDCENCE OF THE DEFENDENTBASED ON THE VIC

-TIMS VIOLENT HISTORY T0RRE5V. STATE 117 s.w.3d B91. IN ADDITION

THE STATE HAS A DUTY TO SEE THAT JUSTICE IS DONE AND NOT TO CONV

ICT AND CAN NOT SECRETE WITNESSES. NOR EVIIDENCE THAT WOULD YiNEGATE THE CONVICTION. ART 2.01 C.C.P MITCHEL 977 S.W.2d 575; BR.RRFR

55 S.Ct 629; 5MTTH 205 F3d 1045. MOTION IN LIMINE. HFRNflNnF7 767

S.W.2d 903-4 (4RR-121). T.R.E. 405 IN FACT THE STATE HAS VIOLATED

IT"S OWN MOTION IN LIMINE. BY PROVIDING MY CASE ON APPEAL SEE SEE

STATE BRIEF Pg's 14-21 WHICH IS REVIEWED BY THE APPELLATE COURT

AND PERSERVED IN ADDITION VIOLATEB/lRRAnV B3 S.Ct 1194. DO NOT RE

QUIRE PRESERVATION SAMCHF7 120 S.W.3d 359 THE MOTION IN LIMINE

EFFECTIVELY SHIFTED THE BURDEN OF PROOF FROM THE STATE TO THE DE

FENDANT THAT I HAD TO PROVE THERE WAS NO MALICE TO MEET IN STAB

BING MY WIFE. Mill I anfv 9BS.Ct 1881. TO PUT THE KNIFE IN MY HAND

AND OUT OF HERS. WHICH IS SPECULATION AND NOT THE TRUTH AI nN7n

353 S.W.3d 7BB P.C.2.03. DEFENDANT DID NOT THEN HAVE TO RETREAT.

HTNnRHTP 9n S.._C.t 1 068.. HERE AGIN THE JURY WAS N_OJ. ALLOWED TO HEAR

MY AFFIRMATIVE DEFENSE OF FACT! THAT THE ALLEGED VICTIUM WAS A VA

VIOLENT PERSON. SO I HAD TO RESPOND TO HER ATTACK IN A WAY THAT h!

WAS SELF DEFENSE. I WAS IN FEAR OF MY LIFE. I PROVED SELF DEFENSE

THAT CAN"T BE DISPROVED DUE TO THE FACT THERE IS INSUFFICIENT EVI

-DENCE. THAT THE INCIDENT DID NOT OCCURE AS I SAID IN FACT THERE

WERE WITNESSES THAT SUPPORT MY SELF DEFENSE CLAIM. AND THE STATE

USED KNOWING PERJURED TESTIMONY BY A SUPERVISOR OF THE MEDICAL

EXAMINERS OFFICE. ALLOWED ;STAB WOUND BEING TWICE. WHILE THE PHY

SICAL EVIDENCE WILL SHOW ONLY ONE WOUND ACTUALLY CAUSED DEATH OR

INFLICTS. THE STATE DID NOT DISPROVE MY CLAIM OF SELF DEFENSE BEYOUND A REASONABLE DOUBT. SAXTnN B04 S.W.2d 910.13.16. WERE OVER

RULED BY MFRA7 ,,785 S.W.2d 146. DUE TO CITES TO VAN miTtUFR 709

S.W.2d 178 STATE HAS NOT DISPROVED THAT I DIO .NOT :ACT.I6T SELF

DEFENSE.

C41
SEE NEUTRAL LIGHR NOT LIGHT MOST FAVORABLE TO THE PROSECUTION

7111 TANffq7 S.W.3d 595 AND SAXTON HAS NOTVALUE FOR REVIEW. PENAL

CODE 2.04. STATE MUST DISPROVE NOT REFUTE BEYOND A REASONABLE II

DOUBT REAVI5 970 S.W.2d 115. TORRES 117 S.W.3d 891. THE REACHING

OF GUILTY VERDICT MUST BE "SET ASIDE" DUE TO THE FACT THEREAWAS'iA

BHBONSTITOTIONALTUNDERSTANDIiNG. OF THE LAW IN REACHING A GUILTY

VERDICT. SEE ABOVE FR A M CT R 105 S.Ct 1965.76 THE STATE MUST PROVE

BEYOND A REASONABLE DOUBT THAT I INTENDED TO KILL. JOHNSON 271 S.

W.3d 359. THAT THE JURY INSTRUCT IN THIS SITUATION IN KRfl.ir.nl/Tr. !',

351 S.W. 3d 523 . HAVING A KNIFE IS NOT INTENT A KNIFE IS NOT A

DEADLY WEAPON PER SE 1.07 & 9.31 PENAL CODE CADWELL 288 F.3d 838;

BUENO 996 S.W.2d 406. THE EXCLUSION OF THE TESTIMONIES FROM THE

WITNESSES THAT IS NOT MULTIPIE WITNESSES TO THE SAME SITUATION.

BUT INSTED MULTIPLE WITNESSES NOT CUMULATIVE TO MULTIPLE INSTANCE

INVOLVING HER VIOLENT CHARACTER. AND HER PERPENSITY TO VIOLENCE :

SEE T.R.C. & F.D.E. 402-04 3B.36 T.C.C.P. T.R.A.P. 44.2. JURY ::'.

EXCLUSIVE OF TRIER FACT.

MnMTnnMFRV 810 S.W.2d 372. MflRTTM 107 S.Ct 1099 PROPER JURY

INSTRUCT ON SELF DEFENSE . HARM ANALYSIS A!MAND7 686 S.W.2d 157

T.C.C.P. ART 38 SflNnRTfiRnM 99 S.Ct. 2450; BARRFRA 10 S.W.3d 743.

INNEFFECTIVE ASSISTANCE OF COUNSEL ON JURY INSTRUCT RFAGAN 365 F3

d 616.;. FAILURE TO OBJECT .INDICTMENT YOUNG 356 F.. 3d. 616. CONTRARY..

TO AND OR OBJECTIVELY UNREASONABLE. RMTTH 417 F3.d 438 (KNOWINGLY

ACTUAL INNOCENCE CAN BE BROUGHT FIRST ON APPEAL. AND DUE INEFFECt

TIVE ASSISTANCE OF COUNSEL WAS NOT BROUGHT MURRAY 106 S.Ct. 2639.

THE EXTERNAL IMPEDIMENT WAS THE MOTION IN LIMINC USE BY THE STATE

WHICH WAS USED TO DEPRIVE ME OF MY CDNSTITUTIONSL RIGHT TO BE •[..

HEARD BY THE JURY WHICH DETERMINES THE CREDIBILITY OF THE WITNESS

9ES.I HAVE A RIGHT TO BRING ABOUT AN AFFIRMATIVE DEFENSE BASED ON

U.S.125 S.Ct 738 HOOKER , THE CHARACTER OF THE VICTIM THAT MUST

BE HEARD BY THE JURY AND WAS NOT (4 RR-121.) THIS BRADY VIOLATION

WAS DEADIBANG WINNER. AND WAS NOT BROUGHT ON APPEAL OR OBJECTED

AT TRIAL. THE EXCULPATORY EVIDENCE WAS MATERIAL AND IMPROPERLY

WITH HELD FROM THE JURY VIOLATED DUE PROCESS BM&3 54 F3d 1508.

SEE-ALSO Hfir.MFR BB5 S.W. 2d 3B9 947 S.W.2d 202; TRFWTNO

135 S.Ct 574; Mr.nilTGHFN 133R.Ct 1924. THERE HAS BEEN A FUNDAMEN

TAL MISCARRIAGE OF JUSTICE IN THE CONVICTION OF THIS APPELLANT

WHO IS ACTUALLY INNOCENT.

r<sT
ERROR #2

SUFFICIENTY OF THE EVIDENCE WILL NOT SUSTAIN THE CONVICTIONS

AS TO THE AFFIRMATIVE DEFENSE. HEAR IN THE JURY RETURNED A GUILTY

VERDICT. AND I AM REQUESTING FOR A NEW TRIAL. SUFFICIENCY OF THE

EVIDENCE MUST BE BROUGHT FIRST ON APPEAL AND WAS NOT. A TRIAL

COURTS DECISION TO ADMIT OR EXCLUDE EVIDENCE IS REVIEWED UNDER

ABUSE OF DESCRETION STANDARD BURDEN 55N3d 608. A DEFENDANT IN A

HOMICIDE PROSECUTION WHO MAY INTRODUCE EVIDENCE TuR.E. 4,.04 TflTF

9 01 G'.W.'ZTd BBV S.W.2d1B9 THERE MUST BE SOME EVIDENCE OF VIOLENT^

OR AGGRESSIVE PAST BY THE DECEASED THAT TENDS TO RAISE THE ISSUE

OF SELF DEFENSE. IN THOSE SPECIFIC ACTS MAY EXPLAIN. THAT ALSO

AND DEMONSTRATE INTENT OR MOTIVE BEYOND THE CONFRONTATION HEARING

WE HAD MULTIPLE WITNESSES. THAT GAVE MULTIPLE ACT OF VIOLENCE NOT

HEARD BY THE JURY. THAT THE ALLEDGE VICTIUM WAS THE FIRST AGGRE

SSOR. THIS EVIDENCE SHOULD BE REVIEWED ON A NETURAL LIGHT. FINDIN

OF GUILT IS CONTARY AND UNJUST. DUE TO THE JURY NOT BEING ALLOWED

TO HEAR THE TESTIMONY OF THE AFFIRMATIVE DEFENSE. AND IS NOT IN

LIGHT IN FAVORED TO THE PROSECUTION 7lll TAMT 97 S.W.3d 595; RFAWFB

970 S.W.2d 115-6 SMTTH 417 F3d 43B. ( SELF- DEFENSE IS AN AFFIR

MATIVE DEFENSE BY A PEPONDERANCE OF THE EVIDENCERIIRKS 98-S.Ct

2141 MARTTN 107 S.Ct. 1098 THE ACT WAS SPONTANEOUS AND NOT PRE

MEDITATED. IT IS THE DUTY OF THE STATE TO ESTABLISH AND PROVE THE

ELEMENTS OF THE MURDER BEYOND A REASONABLE DOUBT (Pg 3 OF THE 14t

COURT OF APPEALS OPPINION. AND SAXTnN 804 S.W.2d 913. ARE INCORRE

-ECT) AND THE ISSUE MUST BE DECIDED BY THE JURY THAT I DID NOT -'.:;

ACT IH SELD DEFENSE IS NOT FOUND. THE WORD ALSO IMPLY THE JURY

CHARGE IS INSUFFICIENT PflTTFRSniM 978 Ct 2319. STATE LAW MUST:-

EQUAL OR EXCEDE FEDERAL LAW OR BE UNCONSTITUTIONAL . HEITMAN 815

S.W. 2d 681 THEIR IS NO PRESUMPTION OF CORRECTNESS IN THIS OPPIN

ION. THEIR HAS BEEN AN UNREASONABLE OBJECTIVELY APPLICATION OF OR

LAW AS RULED ON BY THE SUPREME COURT. ANS OR CONTRART TO MARTTN 1

107 S.Ct. 109B. SEE Pg. 4 OF CRIMINAL COURT OF APPEALS OPPINION

qAXTON 804S.S.W.2d 913-14). IN ADDITION THEY FAILED TD TAKE PRINT

OFF THE KNIFES TO HIDE THE FACT SHE THE DECEASED HAD A KNIFE IN ;i

HER HAND AT THE TIME. THAT I TURNED AND DEFENDANT MY SELF. ALL

OF THE KNIFES BUT THE ONE WAS NOT WASHED. JUST BEFORE THE OFFENCE

THIS WAS INEXCULPULATDRY MATERIAL THAT WAS IMPROPERLY HELED UNDER

SUBSECTION 9.D1 RRADV V. MARYLAND 83 S.CT. 1194.

r »-v
ERROR #3

INEFFECTIVE ASSISTANCE OF TRIAL COUNSELLOR FAILURE TO CALL

UPON EXPERT WITNESSES SEE ART. 26.05 T.C.C.P IN PARTICULAR A

MEDICAL EXAMINER TO REBUTT THE STATE MEDICAL EXAMINERS KNOWING

USE OF FALSE TESTIMONY SPECIFICALLY "TWO" STAB WOUNDS ON THE ALLEDGE VICTIM. BRIGGS 187 S.W.3d 458; MOONEY 55S.Ct. 340 NAPIIF 79

S.Ct. 1173. CITING &LX B97 S.W.2d. 343; MIL 1 05 S.Ct. 10B7.

THIS IS NOT A STRATEGIC DECISION MADE AFTER FACTS. LAW AND

DUTY TO INVESTIGATE. AUTOPSY DONE BY ALEX JOHN. AND THE STATE REL

-IED ON DOCTOR DWAYNE WOLF. A VIOLATION OF CONFRONTATION CLAUSE

(SEE REPORTER RECORD IV 41-44). CRAWFORD 124 S.Ct 1354 SEE ALSO

MFi FMDF7 129 S:. Ct 2527. TESTIMONY IS IN ADMISS ABLE . lilAI I, 1 B4 S.W.

3d 730; rni.E 839 S.W.2d 79B. SEE TEX RULE OF EVIDENCE B03 NOT

ADMISSABLE. FAILURE TD GET RECORDS. TUCKER 1 B1 F3d 747 NO PRESU

MPTION OF CORRECTNESS. THE DEPTH OF THE FATAL WDND WAS AT LEAST

FOUR INCHES. THE SECOND ALLEGED WOUND BARLEY BROKE THE SKIN.AND

THE TESTIMONY OF WHY THE DECEDENTS ARMS WERE RAISED ABOVE HER ,..::;.

HEAD WAS IN CONTROVERSY LEFT IN SPECULATION BY THE STATE PREJUD

ICED THE JURY. THE DEFENDANT MUST SHOW THAT THEIR IS A REASONABLE

PROBABILITY THAT. BUT FOR COUNSELS UNPROFESSIONAL ERRORS THE RESM

ULT OF THE PROCEEDING WOULD HAVE BEEN DIFFERENT : A REASONABLE

PROBABILITY IS A PROBABILITY SUFFICIENT TO UNDERMIND CONFIDENCE

IN THE OUTCOME. SJTilllJiLAJLD 104 S.Ct. 2052:: lilTI.I.IAHS 120 S.Ct.

1495 CONTARY TO DR•OBJECTIVELY UNREASONABLE WHICH IT FELL BELOW

1 .4.5.6.B.& 14U.S.CA. SINGULAR OR \LEJ_A 70S F2d 954; SATTEfj 977:

F2d 1259. CUMULATIVE ERROR. BURCH 401 S.W.3d 634 I.A.Cm
ERROR #4

VIOLATION OF SPEEDY TRIAL ACT BASED ON ABUSE OF DISCRETION.

APPELLANT HAD ALREADY BEEN INDICTED ON JULY 1-2011. ARRESTED

ON JULY 6-2011. AND TRIED APRIL 1-2013. APPELLANT FILED A;TIM-Y

ELY MOTION PRO SE FOR A SPEEDY TRIAL ON JULY 26-2012. THE MOTION

WAS NEVER RULED UPON BY THE COURT. THAT IN ALL CRIMINAL PROSEC

UTIONS THE ACCUSED SHALL ENJOY THE RIGHT TO A SPEEDY TRIAL.

DOGGETT 1*2 S.Ct 26B6. SIXTH AMENDEMENT. THE APPELLANT ALSO

CONTESTS THE COURT OF NDT BRINGING THE APPELLANT TO TRIAL. WHICH

SURPASSED 70 NONE EXCLUDABLE CLOCK DAY'S. THE DISTRICT WAS REQUI

RED TO DISMISS;THE INDICTMENT. ( IF THE DEFENDANT IS NOT BROUGHT

TO TRIAL WITH IN THE TIME LIMITED REQUIRED BY SECTION 3161 (C) AN

EXTENDED BY SECTION 3161 (H) . THE INFROMATION SHALL BE DISMISSED

ON MOTION OF THE DEFENDANT SEE ARTICLE 32.01 AND 28.061. ALFORD

142 F3d 825. 821. A RULE REQUIRING ALL PENDING CHARGES AGAINST A

PRISON INMATE TO BE BROUGHT TO TRIAL WITHIN 1 BO DAY'S. OR TO BE

DISMISSED WITH PREJUDICE. KELLY 122 S.W.3d 227 ; FEDERAL CIVIL .;:

PROCEEDURE 1951. ART 1 SEC. 10 TEXAS. 6 U.S.CA. THE SPEEDY TRIAL

ACT GENERALLY REQUIRES THAT THE TRIAL OF A CRIMINAL DEFENDANT

" COMMENCE" WITHIN SEVENTY DAYS FROM THE FILLING DATE ( AND MAK»

ING PUBLIC) OF THE _IJ^f Rrj_MATIO.N OR INDICTMENT- P_R ...FROM JHE...D A.I.E ..."•

THE DEFENDANT HAS APPEARED BEFORE A JUDICIAL OFFICER OF THE COURT

IN SUCH CHARGED IS PENDING WHICH BVFJR DATE LAST OCCURS. 1B U.S.C

(SUB SEC: 3161 (C) (1) SEE RFRMFfl 30 F3d 1539-1566 (5th "dR 1994)

CITING BARKER 92S.Ct 2182. MOTIONS MUST REQUIRE A HEARING UNDER

SUB SEC: 3161 (H) (1)(F) nnHNRflN 29 F3d 940 942-943 (5th CIR 1994

INNEFFECTIVE ASSISTANCE OF TRIAL COUNSEL FOR FAILURE TO BRING

INEFFECTIVE OF TRIAL COUNSEL. DFLGAno T81F3d 10B7; TRFWTNfl 133

S.Ct 524 NO PROCEEEDURAL BAR UNDER THE A.D.E.P.A. SEE hlTl I TflMR

120 S.Ct 1495 SEE ABOVE PLEASE CONSIDER ALSO FOR PLAIN ERROR

TRX. RULE OF EVID. 103 T . R -A.P-43&44.

PRAYER

WHEREFORE PREMISES CONSIDERED APPLICANT PRAYS THIS HONORABLE COURT GRANTS

HIM RELIEF HEREIN DESCRIBED; DISCOVERY HEARING. A NEW TRIAL. AQUITTAL. AND

ANY OTHER RELIEF ONE MAY BE ENTITLED TO.

_. 0_ RESPECTFULLY SUBMITTED. r p_j
CAUSE NUMBER: 1311763

THE STATE OF TEXAS § IN THE 174th DISTRICT

VS. § COURT OF HARRIS COUNTY

ZACHARIAH HARVEY § TEXAS

MOTION FOR DISCOVERY

•5.B.1611 &5.B. 825

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, ZACHARIAH HARVEY, DEFENDANT IN THE ABOVE ENTITLED AND NUMBERED

CAUSE, AND RESPECTFULLY MOVES THE COURT TO HIRE AN EXPERT FORENSIC EXAMINER

ART. 26.05 T.C.C.P, AND THE ENTIRE RECORD OF INSUFFICIENT EVIDENCE, THE RECORD

ON INEFFECTIVE ASSISTANCE OF COUNSEL, AND REQUIRE THE ENTIRE RECORD. RAMADAN

89 SW3d 745; STAFFORD 813 SW2d 503; BRITT 92 S.CT.431; FREE WHITE 823 SW2d 296;

PULIDO B79 F2d 1255 ART. 26.04. ART. 1.05 T.C.C.P; MARTINEZ tin* S.CT 1309 132.

T.A.R.P 20.2. B0USQUET441 SW3d 131. ADDRESS SUFFICIENCY OF THE EVIDENCE EVEN

IF YOU HAVE OTHER ERRORS. A COPY OF AUTOPSY AND COMPLETE POLICE REPORT. MONTGOMERY

4B2 FS2d 919; CRAWFORD 934 SW2d 744; NOTE: CLERKS LOG FOR 14-13-00774-CR ON

OR ABOUT 11-4-14. SEE TRIAL: SEE 5TRICKIER 119 S.CT. 1936 TRANSPARENCY.

WHEREFORE PREMISES CONSIDERED. THE DEFENDANT PRAYS THAT THIS COURT GRANT

THIS MOTION.

DECLARATION

§ 132.D03 TEX. CIV. PROC & REM. CODES IN ZACHARIAH 1B5334B. BEING PRESENTLY

INCARSERATED IN O.B. ELLIS UNIT. IN WALKER COUNTY. TEXAS. DECLARE UNDER THE

PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT.

EXECUTED ON^l

CERTIFICATE OF SERVICE

THIS IS TO CERTIFY THAT A TRUE AND CORRECT COPY OF THE ABOVE AND FOREGOING

WAS MAILED TO THE DISTRICT ATTORNY'S OFFIOE ASSIGNED TO THE 17*th DISTRICT

COURT OF HARRIS COUNTY. TEXAS ON THE DAY OF , 2015.

RESPECTFULLY SUBMITTED

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