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STATE OF TEXAS 

# F!L£o NO. 29,984 

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### vs. JOSHUA MADISON NEWKIRK
NOTICE OF APPEAL TO THE HONORABLE JUDGE OF SAID COURT: Now comes JOSHUA MADISON NEWKIRK, Defendant in the above styled and numbered cause, and gives this written notice of appeal to the Court of Appeals of the State of Texas from the judgment of conviction and sentence herein rendered against JOSHUA MADISON NEWKIRK.

Notice ofAppeal Page 

### 1 of 2 Respectfully submitted,
Peter I. Morgan 2708 Washington St. P.O. Box 984 Greenville, Texas 75403 Tel: (903) 455-8113 Fax: (903) 642-0057

# ByP/~ Peter I. Morgan State Bar No. 14451700 Attorney for JOSHUA MADISON NEWKIRK 

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### l CERTIFICATE OF SERVICE This is to certify that on September 11, 2015, a true and correct copy of the above and foregoing document was served on the DistrictAttorney's Office, Hunt County, 41 h Floor Hunt County Courthouse, by hand delivery.

Notice ofAppeal Page 2 of 2

# PI~ Peter I. Morgan

# .~tr-!_fLt:o INCIDENT No.fi'RN: 9128362217 AOOl**~,.. ~AI**  CASE NO. 29984 COUNT 1
THE STATE OF TEXAS § § § § § § §**~.** ':) ? IN THE DISTRICT**C~~ltT** ...**~** 

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# ,**'l~** OF HUNT COUNTY,

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### v. JOSHUA MADISON NEWKIRK 

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### .... • C:l.l'.\' STATEID No.: TX 50028780 354TH JUDICIAL DISTRICT TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OFAPPEAL I, RICHARD A. BEACOM, JR. ,Judge ofthe trial court certify this criminal case: 

## 181 is not a plea bargain case, and the defendant has the right ofappeal; or 

### 0 is a plea bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn or waived and the defendant has the right of appeal; or 

## 0 is a plea bargain case, but the trial court has given permission to appeal; and the defendant has the right to appeal; or 

## 0 is a plea bargain case, and the defendant has NO right ofappeal; or 

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### defen~ant ha.wa;ved the right ofappi'?

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# ,tJ**~** Signed on 09-02-2015.**~**

. . HONORABLE R;CHAR.D

# A:BEACOMZ~

# .. 354 TH JUDICIAL DISTRICT COURT



### - I have received a copy of this certification. I have also been informed ofmy rights.concerning-any appeal ofthis criminal case, including any right to file a prose petition for discretionary review pursuant to: Rule 68 ofthe Texas Rules ofAppellate Procedure. I have been admonished that my auo·rney must mail a copy ofthe court ofappeals'**j~dgment** and opinion to my last known address and I have only thirty (30) days in which to file a pro se petition for discretionary review in the court ofappeals. TEX. R. APP. PRO. R. 68.2. I acknowledge that, if I wish to appeal this case and if I am entitled to do so, it is my duty to inform my appellate attorney, by written communication, ofany change in the address at which 1am currently living or any change in my prison unit. I understand that, because ofappellate deadlines, if I fail to timely inform my appellate attorney ofany change in my address, I may lose the opportunity to file a pro se petition for discretionary review.

fendant (MUST SIGN) Attorney for Defendant Mailing Address: 

# :25 0/**-7;1.~** <:; 7: SBN:

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### lS£**751~** Telephone number:

### 9"'~**~** 51:-7- c:JIB ( Address: PO BOX 1053 GREENVILLE,TEXAS 75403-1053 Telephone Number: 903-455·9888 Fax Number: 903-454-7904 

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# I THE STATE OF TEXAS 

## v JOSHUA MADISON NEWKIRK 

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MOTION FOR NEW TRIAL


### Joshua Madison Newkirk. Defendant, files this Motion For New Trial and shows:

1. 

### Trial Date and Conviction


### A trial before the court on this case was held andjudgment pronounced and entered on September 2, 20 15. 2. Grounds for New Trial 

### Defendant requests that a new trial be granted in the interest of justice. Defendant urges the Court to reconsider whether or not sufficient evidence exists to support each element ofthe offense ofMurder as charged in the indictment. 

### Prayer Defendant prays that the Court set aside the Judgment ofConviction entered in this cause and order 

### a new trial on the merits

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Motion For New Trial State ofTexas v. Joshua Madison Newkirk Page l of2 Peter l. 

### Morgan, Counsel for Joshua Madison Newkirk SBN 14451700 P.O. Box 984 2708 Washington St. Greenville. Texas 75403 Tel: (903) 455-8l13 Fax: (903) 642-0057

### CERTIFICATE OF SERVICE This is to cenify that on September II, 2015, a true and correct copy ofthe above and foregoing document was served on the District Attorney's Office, Hunt County, 4th floor Hunt County Counhouse, by hand delivery.

Motion For New Trial State ofTexas v. Joshua Madison Newkirk Page 2 of2

# PJt~M~ Peter I. Morgan



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