RE: MATTERS OF HABEAS APPLICATION CAUSE NO. 241-0010-13-A

EX PARTE MAURICE CAIN

CAUSE NO. WR

- 82, 716

- 02 DATE: 02/06/2015

IN THE COURT OF CRIMINAL APPEALS OF TEXAS, IN AUSTIN.

# ~ECEIVED**~[\ij** OOURTOFCRIMINAlAPPEALS ORIGINAL PETITION FOR WRIT OF MANDAMUS 

# FEB 1

# o2015 TO THE HONORABLE JUDGE(S) OF SAID COURT: 

## AbetAcosta,

# crerk

COMES NOW, MAURICE CAIN, RELATOR herein, and files this "ORIGINAL PETITION FOR WRIT OF MANDAMUS" complaining of "THE ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS, " in the 24lst JUDICIAL DISTRICT COURT, SMITH COUNTY, TYLER, TEXAS, ·· JtJDGE-JACKSKEENJR. presiding, with CONSPIRATORY PARTICIPANT'S: SMITH:COUNTY DISTRICT CLERK, LOIS ROGERS; SMITH COUNTY CRIMINAL DISTRICT ATTORNEY D. MATT BINGHAM; and, ATTORNEY OF RECORD STEN MARTI LANGSJOEN; RESPONDENT(S) herein, with RELATOR showing as follows: I PROCEDURAL FACTS RELATOR submitted an 11.07 APPLICATION FOR WRIT OF HABEAS CORPUS to the SMITH COUNTY DISTRICT CLERK'S OFFICE that was FILED SEPTEMBER 03, 2014 (CLERK'S SUMMARY SHEET [CSS'i HEREIN])(SEE CSS at pages 1- 19), SMITH COUNTY DISTRICT CLERK, LOIS ROGERS through DEPUTY LINDA RHYMES gives CONEIRMATiOW OE E1l11N(;. (CSS 

### at page 34). RELATOR submitted "PETITIONER'S MOTION FOR APPOINTMENT OF COUNSEL" on SEPTEMBER 05, 2014 (CSS at pages 20, 22, 24, and 26), that was FILED SEPTEMBER 03, 2014 (CSS at pg. 20), NO COMFIRMATION OF FILING. RELATOR submitted "MOTION FOR ORDER DIRECTING DEFENSE COUNSEL TO RELEASE DEFENDANT'S RECORD" on SEPTEMBER 08, 2014 (CSS at pg.:37) NO CONFIRMATION OF FILING. /- RELATOR RECEIVED-CONFIRMATION OF "STATE:1:S ANSWER TO APPLICATION FOR WRIT OF HAABEAS CORPUS AND DESIGNATION OF ISSUES" (CSS at pgs'. 38

- 41) FILED SEPTEMBER 12, 2014,

-- however, "MEMORANDUM ORDER" FILED ?EPTEMBER 19, 2014_(CSS at pg. 41) was BLANK.WITH NO COMFIRMATION OF FILING (SEE ATTACHMENT A; ATTACHED HERETO). RELATOR RECEIVED from ATTC1RNEY OF RECORD, STEN MARTI LANDSJOEN, A CONFIRMATION LETTER FOR RECEIPT OF RELATOR'S "MOTION FOR ORDER DIRECTING DEFENSE COUNSEL TO RELEASE DEFENDANT'S RECORDS," DATED SEPTEMBER 30, 2014, advising relator of his right to copies, AND,VIDEO,RECORDING OF ARREST, AND WAS TO CHECK WITH TDCJ UNIT STAFF HOW TO SUBMIT TO

.-'

. '_\.**~** . ':.: _.:-"\. l.·._);""'. 

### -/ 1

## .-.
I PROCEDURAL FACTS ALL ITEMS, HOWEVER TO THIS DATE ATTORNEY HAS FAILED TO SUBMIT SAID ITEMS'. (SEE ATTACHMENT B, attached hereto), AS OF THIS DATE FILED TO COURT OF CRIMINAL APPEALS. RELATOR submitted "NOTICE CHANGE OF ADDRESS:::LETTER TO SMITH COUNTY DISTRICT ATTORNEY D**~·~MATT** BINGHAM explaining BRADY MATERIAL SOUGHT WAS THE THREE INDIVIDUAL VIDEO RECORDINGS OF THE TWO POLICE OFFICER'S AND THE PARAMEDIC VIDEO 'NOT THE EDITTED 

### I CONSOLIDATED VERSION PRODUCED BY THIS DISTRICT ATTORNEY BUT THE ORIGINALS (CSS at pg. 42):referenced in the REQUEST FOR PRODUCTION OF ELECTRONICALLY STORED PHOTOGRAPHIC 

### I SOUND RECORDINGS, CERTAIN ASSOCIATED POLICIES, AND INFORMATION (CSS at pgs. 42, 44-46); and,**~LETTER** TO CLERK'S OF THE::24lst DISTRICT COURT AND COURT OF CRIMINAL APPEALS, REVEAE.ING NEW ADDRESS, FILING OF AFOREMENTIONED REQUEST, AND COMPLAINING OF--cMEMORANDUM BLANK ORDER RECEIVED FROM DISTRICT ATTORNEY OFFICE WITH NO DATE FOR ATTORNEY LANGSJOEN AFFIDAVIT TO BE FILED (ATTACHMENT A, compare CSS at pg. 41);" submitted OCTOBER 15, 2014 (CSS at pgs. 42, 43, 46), FILED OCTOBER 17, 2014 with NO CONFIRMATION (CSS at pg. 42).RELATOR received ATTORNEY STEN MARTI LANGSJOEN'S AFFIDAVIT, mailed. NOVEMBER 14, 2014, certified NO. 7009ll410IOOOOI7437I7374, FILE STAMPED 2014 NOV 14 PM 3:19 (CSS at



### -------- pg. 47). DOCUMENTATION RELATOR received consisted of CSS PGS. 47- 63, NOTICE, AGAIN, CSS**pg~** 51 NOT SIGNED NOR NOTORIZED, FURTHER NOTICE CSS pgs. 47

- 51 "DO NOT have a date.".and TIME IN THE LOWER RIGHT CORNER.AS DO CSS:':PGS 52
- 63." NOR DOES AMENDED NOTICE

·-- 

### -- OF FILING (CSS at 64

- 65) FILE STAMP DATED 2014 NOV 18 PM 1:03 (CSS at pg 64) with NOTaRIZED AFFIRMATION TO AFFIDAVIT,SUBMITTED AND FILED 4 DAYS PRIOR ( COMPARE, CSS at pgs. 47 & 51; 64 & 65). RELATOR submitted NOVEMBER 2g, 2014, an**'AFFIDAYIT...:./:_ADDENDIJM?TO~'lL:07_.APPLIE:ATIQN.** IN**RESPONSE_'TO~:_AFFIDA:VIT_:_OF:_STEN** MARTJ Ll:l.NGSJOEN;:.FILED 2014 DEC -2 AM 11:08 (CSS at pgs. 66

- 70) , NOTICE DISTRICT CLERK'S LETTER (CSS at pg. 70) :·• . "in this HABEAS PROCEEDING to be filed as an ADDENDUM 

### I RESPONSE in said proceeding." NO COMFIRMATION. RELATOR submitted DECEMBER 14, 2014, a MOTION ORDERING ACCESS TO RECORDS (CSS at pgs 71- 73), FILED 2014 DEC 16 AM 10:54 (CSS at pg. 71). NO CONFIRMATION. RELATOR received JANUARY 07, 2015 the STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS (CSS at pqs. 74

- 80, with attached documentation**~gs.** 81- 104), FILED 2015 JAN -2 PM 2:15 (CSS at pg. 74). NOTICE ATTACHMENT IAFFIDAVIT OF MR. STEN LANGSJOEN (CSS at pgs. 81- 99) NOTARY PAGE BLANK (CSS at pg. 87); ATTACHMENT II

- LETTER OF JULY 10, 2014 (CSS at pgs. ·100

- 101) REQUEST DOCUMENTATION FAVORABLE TO DEFENSE (CSS at pg 101) NO CONFIRMATION, FILED 2014 JUL 15

# == --:23; and, FILED 20J.!5'i'JAN 112 PM 3:32 (CSS at pg 102) WRIT ,OE HABEAS CORPUS FINDINGS OF FACT AND

2I ' PROCEDURAL FACTS CONCLUSION OF LAW. (CSS at pgs. 102- 104), SIGNED AND DATED BY JUDGE JACK SKEEN, JR. (COMPARE, ATTACHMENT C, at pgs. 1- 3), however,**ATTACHMENT~** was an attachment to STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS,. FILED 2015 JAN -2 PM 2:15, NOW SAME DOCUMENT FILED 2015 JAN 12 PM 3:32, and SIGNED BY JUDGE JACK SKEEN, JR., AND DATED'l2 JANUARY 2015. RELATORI 'UPON ''RECEIPT JANUARY'07, 2015 of the STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS (CSS at pgs. 74

- 104, as explained above), DID SUBMIT "APPLICANT'S SUPPLEMENTAL ANSWER 

### I REQUEST IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER," the morning of JANUARY 12,. 2015 in compliance with "THE MAILBOX RULE" ( See TEX. R. APP. PROC.[TRAP] RULE 49.1; also, RAMOS v RICHARDSON, 228 SW 3d 671, 673 (TEX. 2007); SPOTSVILLE v CAIN, 149 F 3d 374, 377 (5th CIR. 1998); FED. R. APP. PROC. RULE 25 (a)(2)(C)) and was to be CONSIDERED TIMELY FILED THAT VERY DAY OF JANUARY 12,



## ----- 2015 (SEE ATTACHMENT**~:** APPLICANT'S SUPPLEMENTAL ANSWER 

### I REQUEST IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER, at pgs. 1 - 5, omitting CLERK'S LETTER and UNSWORN DECLARATION), WITH NO CONFIRMATION OF FILING OR SUBMISSION TO COURT OF CRIMINAL APPEALS AS OF PRESENT !'DATE•. RELATOR' received: JANUARY 15, 2015, CLERK'S SUMMARY SHEET (CSS) PAGES 1 - 110, also. INCLUDED, LETTER OF PROCEEDING HELD, LETTER OF COMPLIANCE TRAP RULE 34.5**(~)** & (.e.), signed by LINDA RHYMES and DATED JANUARY 13, 2015. (THE SAME DAY MAILED OUT TO RELATOR, WITH ONLY NOTIFICATION OF "FINDINGS OF FACT AND CONCLUSION OF LAW ORDER SIGNED BY JUDGE JACK SKEEN, JR."[CSS at pgs. 102.- 104]), and TABLE OF CONTENTS (COMPLETE CSS 1-110).
II THE ABUSE OF DISCRETION

THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS 'RELATOR as a.PRO-SE LITIGANT;coilfined-in the.'TDCJ-ID, acquires an already insurmountable, nearly impossible, task to demonstrate RELATOR'S BURDEN OF PROOF, then to add the diminishing factor that THE SMITH COUNTY DISTRICT CLERK, LOIS ROGERS; THE RELATOR'S ATTORNEY OF RECORD, STEN MARTI LANGSJOEN; THE CRIMINAL DISTRICT ATTORNEY, D. MATT BINGHAM; and, A 24lst DISTRICT JUDGE JACK SKEEN, JR., PARTICIPANT'S herein, having entered into an agreement inferred from the concert actions among the PARTICIPANT'S and to be considered voluntaryfromthe collation of circumstances to follow (SEE, 18 USCA 371; US v THON, 917 F 2d 170, Id.), these become the precursors for "THE ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS." When there is a need for the PARTICIPANT'S to act and failure to act when there is**~** DUTY TO DO SO, PARTICIPANT'S RECKLESSLY DISREGARD RELATOR'S RIGHTS as follows:

3II THE ABUSE OF DISCRETION

THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS A. THE SMITH COUNTY DISTRICT CLERK, LOIS ROGERS, AS PARTICIPANT. RELATOR FILED numerous documentation to be presented to the 24lst DISTRICT COURT, however, was never made aware by this CLERK of said filings and/or said presentations, with the exception of "LETTER TO DEFENDANT ACKNOWLEDGING RECEIPT OF WRIT 09-03-14 (See CLERK'S SUMMARY SHEET [CSS] at pg. 34)," until receipt of CSS 01/15/2015, revealing filings only, butNO NOTIFICATION OF COURT PRESENTATION OF RECORD (See CSS entirety). RELATOR's·presentation of the numerous documentation with submission and filing dates as follows: CSS PAGES SUBMITTED/PG. NO.(S) css FILED/PG. NO. (S) 1) 20 -·26 SEP 05, 2014 

### I 20,22,24,26 SEP**~ 3j.~** 2014**/_~20** 2) 37 SEP 8, 2014 

### I 37 SEP 10, 2014 

### I 37 3) 42

- 46 OCT 15, 2014 

### I 42,43,46 OCT 17, 2014 

### I 42 4) 66

- 70 NOV 28, 2014 

### I 69 DEC 2, 2014 

### I 66 5) 71

- 73 DEC 14, 2014 

### I 73 DEC 16, 2014 /71 6) 100

- 101 JUL 10, 2014 

### I 100,101 JUL 15, 2014 

### I 101 7) ATTACHMENT D 1

- 5 JAN 12, 2014 

### I 5 UNKNOWN FILING

. and,

.. ' , The SMITH COUNTY DISTRICT CLERK, LOIS ROGERS' blatant violations of duties and lack of requisite process has deprived and:ptejudiced the interests for RELATOR'S RIGHT to include a fair and impartial review of facts through relevant material, and to REDRESS THE GOVERNMENT in a judicial process, thatas designed and structured was to be implemented as practiced without an oppressive, abusive, and grossly prejudicial application to this RELATOR. The actions of the PARTICIPANT is totally lacking in even
a facsimile of reasonable procedural safegaurds that are CONSTITUTIONALLY sufficient to protect against unjustified deprivations of RELATOR'S FUNDAMENTAL RIGHTS AND RIGHT TO DUE PROCESS. PARTICIPANT'S acts 

### of commission and/or omission, whether by calculated intent and design, or combined error, incompetance, apathy and ignorance, has committed an ABUSE OF DISCRETION TO CONCEAL MATERIAL FACTS RELEVANT to the HABEAS PROCEEDING DECISION. THE COURT OF CRIMINAL. APPEALS ALL THINGS CONSIDERED SHOULD REVERSE AND REMAND FOR FURTHER PROCEEDINGS WITH COUNSEL APPOINTED. TO ASSIST RELATOR IN ALL MATTERS. B. THE HIRED ATTORNEY OF RECORD, STEN MARTI LANGSJOEN, AS PARTICIPANT. The RELATOR'S GROUND FOR RELIEF was designated for future resolution per MEMORANDUM ORDER OF THE 24lst JUDICIAL DISTRICT COURT, JUDGE JACK SKEEN, JR., presiding, and as SPECIFIED was to be HELD BY WAY OF AFFIDAVIT ONLY**~CERNING** THE ALLEGATIONS OF EFFECTIVE ASSISTANCE OF COUNSEL. However, MEMORANDUM ORDER (See, ATTACHMENT A) was made**p~rt** of STATE'S ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS AND

4II THE ABUSE OF DISCRETION

THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS DESIGNATION OF ISSUES, that had neitherbeenFILE STAMPED,,DATE ISSUANCE FOR SUBMISSION had not been entered, NOR. HAD THE JUDGE SIGNED OR DATED THE ORDER

.. (See, ATTACHMENT A) • FURTHERMORE, there was NO ISSUANCE FROM THE SMITH COUNTY DISTRICT CLERK,AS ORDERED IN MEMORANDUM ORDER, AND AS REQUESTED BY RELATOR 02TOBER 15, 2014, in his "NOTICE OF CHANGE OF ADDRESS", "REQUEST FOR PRODUCTION OF ELECTRONICALLY STORED PHOTOGRAPHIC / SOUND RECORDINGS, CERTAIN ASSOCIATED POLICIES, AND INFORMATION," that included LETTERS TO: D. MATT BINGHAM, CRIMINAL DISTRICT ATTORNEY SMITH COUNTY; AND, CLERK'S OF THE COURT: 24lst DISTRICT COURT C/O LOIS ROGERS, DISTRICT CLERK; and, COURT OF CRIMINAL APPEALS. C/O ABEL ACOSTA, COURT CLERK; specificallydesignated at, "FOR THE 24lst POST CONVICTION WRIT CLERK,"through entirety (See, CSS at pgs. 42- 46, esp. 43). Therefore, RELATOR'S ''AFFIDAVIT j ADDENDUM TO 11.07 APPLICATION IN RESPONSE TO: AFFIDAVIT OF STEN MARTI LANGSJOEN," (See, CSS at pgs. 66·- 70) as REQUESTED IN DISTRICT CLERK LETTER was to be filed in this HABEAS PROCEEDING as an ADDENDUM / REPONSE in said proceeding (See, CSS at pg. 70, Id.), and does constitute evidence in the case as it has been introduced at the hearing as ORDERED BY THE 24lst. DISTRICT COURT, "BY WAY OF AFFIDAVIT ONLY." SEE, BADGETT v STATE, 79 SW 3d 58l(TEX. APP. -HOUSTON [ 14th DIST.) 2001) at 586 f.n. (2). RELATOR was prejudiced by the SMITH COUNTY DISTRICT CLERK'S FAILURE TO RESPOND.WITH'A FILING DATE, THUS, RELATOR'S "AFFIDAVIT/ ADDENDUM TO 11.07 APPLICATION IN RESPONSE TO: AFFIDAVIT OF STEN MARTI LANGSJOEN," filed DECEMBER 02, 2014 (CSS, at pgs. 60- 70), this included a letter to DISTRICT CLERK to file in the HABEAS PROCEEDING AS AN ADDENDUM /RESPONSE IN SAID PROCEEDING (CSS, at pg. 70). This HABEAS PROCEEDING was no more than "a·pre:requisiteto presenting a point of error on appeal only when necessary to adduce facts not in the record," with "types of evidence allowed at HEARING,.the court may receive evidence by AFFIDAVIT or otherwise (See, TEX. R. APP. PROC.[TRAP) RULE(S) 21.2 &**21.7)~"** which was the ONLY MEANS POSSIBLE TO RELATOR as ORDERspecifies "

..defendant is NOT to be brought back to SMITH COUNTY JAIL for a hearing," and the RELATOR'S AFFIDAVIT IS TO BE CONSIDERED IN ALL THINGS RELATING TO THE HEARING AS SELFREPRESENTATION. (See, CSS, at pgs. 66- 70). FURTHERMORE, something is amiss in the DISTRICT CLERK and CRIMINAL DISTRICT ATTORNEY of ORIGINAL AFFIDAVIT with an AMENDED NOTICE OF FILING, and the AFFIDAVIT presented in STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS omitting the AMENDED NOTICE OF FILING (See, CSS, .at 47- 63, compare 82- 99). RELATOR explains defects in C. THE SMITH COUNTY CRIMINAL DISTRICT ATTORNEY, D. MATT BINGHAM.

5·II ABUSE OF DISCRETION THROUGH A CONSPIRACY\ TO CONCEAL MATERIAL FACTS RELATOR contends it is well settled law in the STATE OF TEXAS that in a prosecution of any individual an INFORMATION and/or INDICTMENT is needed to inform the individual by notice of the charges in which the STATE is willing to prove in order to properly convict him of the crime cited BEYOND A REASONABLE DOUBT of a jury of his peers in this
case. (CSS, INDICTMENT at pg. 27). ATTORNEY STEN MARTI LANGSJOEN was surely aware of the (2)·two charges pending in RELATOR'S CASE, specifically, POSS CS PG l < lG, CAUSE NO. 241-0009-13 (CSS, at pgs 52 

### & 88); and, TAMPERING/ FABRICATE PHYS EVID W/INTENT TO IMPAIR, CAUSE NO. 241-0010-13 (CSS, at pgs. 56 & 9l). HOWEVER, ATTORNEY OF RECORD in order to be effective upon investigation of INDICTMENT, by mere observation, one can see:.· l) 'there·is.NO FILING DATE.NOR·SIGNATURE OF CLERK (DEPUTY)(CSS, at pq. 27); 2) INDICTMENT CERTIFICATION is incomplete, NO DATES, CLERK SIGNATURES, WITNESSES, ETC. (CSS, at pq. 28); FURTHERMORE, 3) there. IS NO ENHANCEMENT PARAGRAPH (CSS, at pgs. 27[1 of l] 

### &**28~** compare JUDGEMENT at PLEA TO lst ENHANCEMENT PARAGRAPH, CLEARLY THERE ARE NO ENHANCEMENT PARAGRAPHS, 

### css, at pgs. 27- 30).

RELATOR, as would be known by an ATTORNEY of such caliper as STEN MARTI LANGSJOEN,
as referenced in the introduction of HIS AFFIDAVIT to the 24lst DISTRICT COURT, was ) stopped for an ASSUMED TRAFFIC VIOLATION. HOWEVER, in accordance with the**I~DICTMENT,** assumedly issued by a GRAND JURY for CAUSE NO. 241-0010-13, was TO KNOW THAT AN INVESTIGATION AND OFFICIAL PROCEEDING WAS PENDING AND IN PROGRESS, TO-WIT (IN OTHER WORDS SPECIFICALLY): POSSESSION OF A CONTROLLED SUBSTANCE,

...., KNOWING THAT AN OFFENSE HAD BEEN COMMITTED, TO-WIT: POSSESSION OF A CONTROLLED SUBSTANCE, ...•, WHEN YOU'RE BEING STOPPED 

## FOR AN ASSUMED TRAFFIC VIOLATION. This point of the INDICTMENT WAS NEVER PROVEN AND THE VERDICT BY THE JURY IS CONTRARY TO THE LAW. AND THE EVIDENCE. (CSS, at pg. 27)

. Add this to the KNOWN EDITED TAPES PRESENTED AS 

### BRADY MATERIAL, WHEN IT IS QUITE CLEAR THAT TWO (2) POLICE OFFICER DASH CAMERAS AND ONE (l) PARAMEDIC CAMERA WOULD SENSIBLY BE THREE (3) SEPERATE. AND: INDIVIDUAL AUDIO / VIDEO TAPES / DVD 'S, AND Nor ONE AUDIO /


### ,, VIDID DVD, OR EDITED VERSION, OMITTING / DELETING FAVORABLE DEFENSE PORTIONS, THEREBY, DEMINISHING ANY ADEQUATE DEFENSE FOR COMFIRMING EXCESSIVE FORCE ALTERCATION FOR A '

. : TRAFFIC VIOLATION, DENYING SUBSTANTIAL RIGHTS OF RELATOR. The U.S. SUPREME COURT has held the suppression of the co-defendants confession was a violation of the DUE PROCESS CLAUSE of the 14th AMENDMENT. SPECIFICALLY, the COURT held "SUPPRESSION BY THE PROSECUTION OF EVIDENCE FAVORABLE**~** AN ACCUSED UPON REQUEST VIOLATES DUE PROCESS where the evidence is material either to guilt or to punishment, irrespective of the good or bad faith of the PRiJSECUTION (SEE, BRADY, 373 US I 87, 83 

### s CT )

## .

6II ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS The RECORD before the COURT .OF CRIMINAL APPEALs·, in regard to this ATTORNEY OF RECORD filing and/or adoption of previous ATTORNEY'S PRE-TRIAL MOTIONS, IS DEVOID OF, NOT ONLY THE FILINGS, BUT ANY RULING BY THE 24lst COURT, as to MOTION TO SUPRESS, MOTION IN LAMINE, and/or ANY MOTION OR RULINGS as is sufficient to establish_efficien<;;wand1 effectiveness of ANY ATTORNEY (CSS, CRIMINAL DOCKET SHEET [CDS] at pgs. 105-**110)~** The 24lst COURT does however give a JUDICIAL ADMISSION and ..•"finds and concludes that the.defendant WAS NOT CHARGED WITH POSSESSION OF COCAINE UNDER THIS CAUSE**NUMBER~''** (See, WRIT OF HABEAS CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW, CSS at pgs. 102

- 104,**esp~** pg 103; also ATTACHMENT Cat pgs. 1- 3 esp. pg. 2), and was found GUILTY OF TAMPERING / FABRICATE PHYS. EVID. W / INTENT TO IMPAIR on 05/15/2013, CAUSE NO. 241-**0010~13.** (CSS, DEFENDANT'S EXHIBIT B, at pg. 91), (5) five days later on 05/20/2013 the (POSSESSION CHARGE) POSS CS PG < lG, is DISMISSED, CAUSE NO. 241-0009-13 (CSS, DEFENDANT'S EXHIBIT A, at pg. 88). The RECORD REVEALS there was NO POSSESSION CHARGE ESTABLISHED; NO HEARING, RULING, OR FILING, OF A MOTION TO SUPPRESS; and, ONLY AT HEARING "STATE'S NOTICE OF ENHANCEMENT" and, "NO PARAGRAPH OF ENHANCEMENT IN INDICTMENT" (CSS, AT ENTIRETY). DUE PROCESS, as to THE ENHANCEMENT PARAGRAPH, cannot be deemed to be satisfied by MERE NOTICE AND HEARING, to give NOTICE ONLY UPON A CONVICTION, which in truth is used as a means to substantially deprive this RELATOR of AN INCREASED LIBERTY is a deliberate deception to the COURT; ATTORNEY, AND THIS RELATOR TO DENY DUE PROCESS. Such a contrivance by the STATE to procure additional imprisonment of a RELATOR is as inconsistent with the rudimentary demands of justice as is obtaining of a like result by intimidation. Furthermore, had ATTORNEY OF RECORD filed A MOTION TO SUPPRESS, and if the MOTION had been GRANTED, ANY ALLEGED POSSESSION would not have been admitted into evidence. Because the ALLEGED POSSESSION BY THIS RELATOR was the only direct evidence of THIS RELATOR'S POSSESSION, it is unlikely that the ALLEGED EVIDENCE IS SUFFICIENT TO SUPPORT THE CONVICTION WITHOUT A POSSESSION CONVICTION, DUE IN PART TO THE ILLEGAL ARREST. AND SEARCH AND SEIZURE PROCESS OF THE POLICE OFFICERS. The FACT that these THINGS ARE MISSING from the RECORD REVEALS COUNSEL'S DEFICIENCY in this case BY THEIR OMISSION. Ineffectiveness will be sustained only if the record affirmatively supports. such a claim. With that premise, a record which includes such omissions as the failure to FILE A MOTION TO SUPPRESS and a failure to object to the admission of evidence can still affirmatively support a claim of ineffectiveness•.Further, the ATTORNEY OF RECORD had a process established by the**TEX~** R. APP. PROC. [TRAP] RULE 21, specifically:

7II ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS RULE 21.2 WHEN MOTION FOR NEW TRIAL REQUIRED A MOTION FOR NEw TRIAL is a prerequisite to presenting a point of error on appeal only when necessary to adduce facts not filed in the record. RULE 21.3 GROUNDS (IN PERTINENT PARTS) The DEFENDANT must be GRANTED a NEW TRIAL for "ANY'" of the following reasons: (e) when evidence tending to establish the DEFENDANT'S INNOCENCE has been intentionally destroyed or WITHHELD, thus preventing its production at trial; and, (h) when THE VERDICT is contrary to the law and the evidence. This-ATTORNEY OF RECORD has been anything but effective, ethical, or honest. Case and point start with his viewing of the "EDITED TAPE OF ARREST" between my brother, myself, and this attorney. Upon reviewing he did advise there were clear FEDERAL CIVIL RIGHTS charges to pursue, thus his being hired. He has continued to promise numerous issues that have been but vapor on his lips. In his letter DATED SEPTEMBER 30, 2014, he advises he would send-copies of all records in his possession, to include the "VIDEO RECORDING OF RELATOR'S ARREST," as of the DATE OF THIS SUBMISSION there has been no further contacts, legal or otherwise- (See·i ATTACHMENT B, STEN M. LANGSJOEN LETTER, DATED SEPTEMBER 30, 2014, 2 pqs.). For the reasons stated ATTORNEY OF RECORD, not onlv at trial, but in his AFFIDAVIT before this OCURT OF CRIMINAL APPEALS has chose to CONSPIRE WITH THE STATE, .as a PARTICIPANT, to conceal the facts stated herein and throuqhout the record. Thus relief should be GRANTED TO RELATOR. C. SMITH COUNTY CRIMINAL DISTRICT ATTORNEY, D. MATT BINGHAM, AS PARTICIPANT. RELATOR CONTENDS this DISTRICT ATTORNEY'S OFFICE has assumed positions beyond its jurisdiction, by and through the power of documentation, it has assumed,:beyond the OFFICE OF DISTRICT ATTORNEY, SPECIFICALLY, THK JUDGE AND: ATTORNEY OF RECORD, :COURT and OFFICE. In a manner as follows: The STATE FILES: "THE STATE'S ANSWER IN OPPOSITION TO APPLICATION FOR WRIT ·OF HABEAS CORPUS AND DESIGNATION OF ISSUES ·(CSS, at pgs. 38

- 41) , but NOTICE PAGE 41 and STATE'S ANSWER have-aiffeteht' filing·da:tes, 2014 SEP 12 & 2014 SEP 19, also NOTICE at #3 the DATE OF NOVEMBER 14th, a Friday: SIGNED AND ENTERED

... 19th

..SEPTEMBER; now NOTICE JUDGE'S SIGNATURE (COMPARE, ATTACHMENT·A, having none of the above completed). THE JUDGE JACK SKEEN, JR., JUST FILLED IN THE BLANKS and it got FILE STAMPED BY THE SMITH COUNTY DISTRICT CLERK. RELATOR'S COPY WAS ATTACHMENT A, BLANK.

8II ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS RELATOR on OCTOBER 15, 2014, did send a letter to the SMITH COUNTY DISTRICT CLERK; COURT OF CRIMINA1 7APPEALS CLERK; SMITH COUNTY DISTRICT ATTORNEY, ALL RECEIVING SAME TRUE AND CORRECT DOCUMENTATION, SPECIFICALLY, NOTIFICATION OF ADDRESS CHANGE; COMPLAINING OF BLANK DATE OF\·MEMORANDUM ORDER; and, REQUEST FOR PRODUCTION••••(CSS, at pgs. 42

- 46)

. JANUARY -2, 2015, THE STATE FILES: "STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABEAS CORPUS," which also has attached, "WRIT OF HABEAS CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW" BLANK {See, ATTACHMENT C, compare CSS, at pgs. 102

- 104, FILED 2015 JANUARY 12, to-wit WAS NEVER FORWARDED UNTIL SMITH COUNTY CLERK SUBMITTED CSS FILE TO COURT OF CRIMINAL APPEALS). FURTHERMORE, SMITH COUNTY DISTRICT ATTORNEY is fully aware of this RELATOR'S CURRENT ADDRESS as have received CERTIFIED LETTER DATED: OCTOBER 21, 2014 (See, ATTACHMENT E, LETTER), HOWEVER THE DISTRICT ATTORNEY decide to now on JANUARY -2, 2015 to mail**RELATOR~S** COPIES OF STATE'S SUPPLEMENTAL .•. to the previous addresscof., CHOICE MOORE UNIT (See, ATTACHMENT F), noticed after removal of FWD TO:(See, ATTACHMENT F &G), mailed JANUARY -2, 2015, RELATOR RECEIVED NOTICE OF STATE'S RESPONSE, JANUARY 07, 2015.P.M

.. RELATOR, JANUARY 12, 2015, due in part to this DISTRICT ATTORNEY'S OFFICE intentional delay to RELATOR'S NOTIFICATION OF ''STATE'S SUPPLEMENTAL ANSWER•••" with JUDGE'S "WRIT OF HABEAS CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW"'**attaclied'~(see~·** 'CSS, at pgs. 74- 104, except CSS pgs. 102- 104 looked like ATTACHMENT 

### c, pJs. 1- 3),thus the submission of "APPLICANT'S SUPPLEMENTAL ANSWER/ REQUEST IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER," with NO NOTIFICATION FROM SMITH COUNTY DISTRICT CLERK'S FILING OR FORWARDING TO THE TRIAL COURT AND/OR COURT OF CRIMINAL APPEALS. Thus far, RELATOR has proven the STATE has caused considerable delay of RELATOR'S RIGHT TO BE TIMELY NOTIFIED. The STATE.has filed (2) two seperate STATE'S ANSWERS, (1)
one FILED 2014 SEP**~'** (2) two FILED 2015 JAN -2 (See, CSS at pgs. 38

- 41; 

### &74

- 104; compare however, ATTACHMENT A to CSS pg. 41; then compare ATTACHMENT C pgs. 1- 3.to CSS pgs. 102- 104, esp. pgs. 3 with 104). The STATE not ONLY FILES ANSWERS TO THIS RELATOR'S APPLICATION FOR WRIT OF HABEAS CORPUS, it also FILES THE ANSWER EXPECTED FROM THE COURT IN THE DISTRICT ATTORNEY'S OWN VIEW AND/OR WORDS. IS THE STATE ALSO CONSIDERED THE JUDGE IN THESE MATTERS AND THE OFFICIAL JUDGE THERE FOR CREDENTIAL PURPOSE, BY NAME AND TITLE ONLY ? How can this be considered an unbias non-prejudicial ruling when, first the JUDGE has failed to consider any of RELATOR'S DOCUMENTATION, proven in a failure to make any sort of ruling in the record before this COURT OF CRIMINAL APPEALS, second the documentation presented 

## by the

9II ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS STATE reveals NO CHANGES AND/OR INDIVIDUAL RULING OF THE TRIAL COURT JUDGE REFERENCING HIS INDIVIDUAL AND/OR PERSONALIZED!:PERCEPTION·,·:VIEWST.INSTINCTS/·: FACTS, FROM A PERSONAL INVESTIGATION OF THE RECORD BY RULINGS·: OF RELATOR'S DOCUMENTATION ASSUMEDLY BEFORE THE COURT, this brings into question the actual author of the "AFFIDAVIT OF STEN MARTI LANGSJOEN." The AFFIDAVIT OF STEN MARTI LANGSJOEN: 1) RELATOR was never NOTIFIED, INFORMED, OR ADVISED OF the date LANGSJOEN AFFIDAVIT was to be filed, although REALTOR made ALL PERSONS AWARE OF NON-COMPLIANCE TO NOTIFY (See, ATTACHMENT A, CSS at pg. 41, and CSS at pgs. 42- 46,esp. pg 43); 2) AFFIDAVIT FILED 2014 NOV 14 P.M. 3:19, "NOTICE OF FILING PROPERLY SIGNED BY STEN LANGSJOEN"((See, CSS, at pg. 47), however, CERTIFICATION PAGE TO BE SIGNED BY A NOTARY PUBLIC BLANK (See, CSS, at pg. 51), WHY WOULD THE DISTRICT CLERK FILE A DOCUMENT NOT PROPERLY'SUBMITTED, UNLESS THERE ARE OTHER MOTIVES AT PLAY ? ; 3) AFFIDAVIT is clearly not faxed because there·;isNO DATE 

### I NO TIME registered on the documentation, so a reasonable person would tend to believe it was either hand delivered or sent certified mail, although, certified mail would be questionable as STEN LANGSJOEN has it signed and dated "the 14th day of NOVEMBER, 2014"(See, CSS, at pg. 47), thisleaves only one alternative, that being it was hand delivered. NOW when you look at the AFFIDAVIT THROUGH ITS ENTIRETY on CSS, AT 

### pg. ':63, it REVEALS 11/14/2014 3:08 P.M., PRECISELY 11 MINUTES BEFORE FILING, WHILE THIS MIGHT BE POSSIBLE UNDER CERTAIN CIRCUMSTANCES IT SEEM MIGHTY ':'PECULIAR'GIVEN THE PATTERN, PRACTICE, AND.-PROCEDURES.OF THIS CRIMINAL DISTRICT .ATTORNEY'S OFFICE, ESPECIALLY WHEN;·THE AFFIDAVIT.SEEMS TO Frai COMPLETELY. IN**-~** DIRECTION OF THE PROSECUTION:(see·, 

### ··,·•-q:$S,_- at**-~'1\'}cY.~~-O~:t:"~Jj.:f~§\·!?8:('7''flt7** STAMP FILED DATE AND TIME; compare CSS, at LOWER

.· I}IGHT CORNER "11/14/2014 3:08 P.M. [11 minutes]); and, 4) Four days later STEN MARTI LANGSJOEN· has an "AMENDED NOTICE OF FILING" :(CSS'i':at pgs.**!:4·&i65:t·i20141NOVi!l8TP';M-~H:03),** with NOTARY PUBLICseal applied, day 14 scratched through, and the ATTORNEY STEN LANGSJOEN name compared to other documentation**~ign~t~re~** seems less than**authentic~** •**~** -.. I •' :**~** l ( '- :_

The CRIMINAL DISTRICT ATTORNEY OF SMITH COUNTY has become,.not only the DISTRICT ATTORNEY in this case,but, JUDGE AND ATTORNEY. This type of PROSECUT0RIAL MISCONDUCT,; that not only fails to produce BRADY MATERIAL that was needed for the defensive theory, contriving a conviction through omission of BRADY MATERIAL.and failure to prove beyond
a reasonable doubt the possession needed to LAWFULLY CONVICT FOR THE CHARGE OF ,. ;?):,f.:;:·:. "TAMPERING WITH PHYSICAL EVIDENCE," is CONSTITUTIONALLY UNSOUND, DEMINISHES THE VERY FIBERS OF THE JUDICIAL SYSTEM AS FOUNDED BY THIS COUNTRY'S FOUNDING FATHERS. While a PROSECUTOR may have total immun:Utyit should not be upheld in a manner that appoints them asc•a'•DICTORIALSHIP as JUDGE, ATTORNEY, JURY, AND'>EXECUTIONER. This DISTRICT ATTORNEY'S actions throughout this HABEAS PROCEEDING points to the extremes this OFFICE will ailuae to continue the MALICIOUS PROSECUTION'AND CONSPIRACY TO CONCEAL MATERIAL FACTS. This ABUSE OF POWER UNDER LAW should not be tolerated by the COURT OF CRIMINAL APPEALS. RELATOR SHOULD BE GRANTED RELIEF TO DENY IS TO ENJOIN CONSPIRACY TO CONCEAL.

10II ABUSE OF DISCRETION

THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS D. SMITH COUNTY, 24lst DISTRICT COURT JUDGE, JACK SKEEN, JR., AS PARTICIPANT. The JUDGE is sworn to uphold the CONSTITUTIONS AND,LAWS of both, TEXAS AND THE UNITED STATES OF AMERICA.-To do anything less is a NEGLECT OF DUTY and JUDICIAL MISCONDUCT, ESPECIALLY IF DONE SO UNDER THE COLOR OF LAW. The JUDGE has a DUTY AND OBLIGATION to be impartial and fair, make RIGHT-RULINGS, DETERMINATIONS FROM THE RECORD ESTABLISHED, AND LAW PRESENTED, and not the mouth piece and yes person of the STATE. JUDGE JACK SKEEN, JR., has NOT ACKNOWLEDGED, and /OR RULED ON, OR IN FAVOR OF, ANY REQUEST, PETITIONS, MOTIONS, AFFIDAVITS, AMENDMENTS of this RELATOR, YET HAS PROMOTED EVERY DETAIL OF ANYTHING THE STATE HAS PLACED BEFORE HIM, GRANT EVERY PRE-WRITTEN ORDER WITHOUT**THOUGHT~OR** PERSONAL INVESTIGATION INTO THE DETAILS OF THIS CASE. MORE SPECIFICALLY, THE "WRIT OF HABEAS CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW," (See, CSS at pgs. 102,... 104, esp. 103; also, ATTACHMENT Cat pgs. 1 -:3, esp. 2) with the signature of this JUDGE has become a JUDICIAL ADMISSION that the STATE has failed in this prosecution to prove "BEYOND A REASONABLE DOUBT," when the RELATOR WAS "NO!' CHARGED WITH POSSESSION OF COCAINE" NOR WAS IT PROVEN THAT RELATOR HAD POSSESSION OF COCAiNE, AS REQUIRED IN INDICTMENT. (CSS at pg. 27), THUS A DISMISSAL OF THE CHARGE "FOSS CS PGl < lG" LISTED AS "DEFENDANT'S EXHIBIT A" IN ATI'ORNEY STEN MARTI LANGSJOEN AFFIDAVIT( (See, DEFENDANT'S EXHIBIT A, CSS at pg. 88) ,AS:IT WAS NO!' PROVEN. RELATOR HAD CARE, CUSTODY, OR CONTROL. (POSSESSION), AND FUR'.I'HERK)RE, IT WAS NO!' PROVEN ANY ALLEGED COCAINE (SEE, INDICTMENT, CSS at pg. 27) WAS LAWFULLY SEIZED, NOR axJLD IT BE WITHOUT A SEARCH WARRANT ISSUANCE. The COURT found and concluded that the defendant (RELATOR)
was NOT CHARGED WITH POSSESSION OF COCAINE under this cause number (CSS at pg. 103; ATTACHMENT Cat pg. 2), HAD THERE BEEN EVIDENCE SUFFICIENT TO ESTABLISH A LAWFUL SEIZURE OF ANY COCAINE IN CAUSE NO. 241-0010-13, THER WOULD NOT HAVE BEEN A DISMISSAL OF CAUSE NO. 241-0009-13, which ATTORNEY OF RECORD, STEN MARTI LANGSJOEN, SHOULD HAVE INSISTED TO PROSECUTE FIRST, INEFFECTIVE ASSISTANCE OF axJNSEL AS THE OUT COME \'«XJLD HAVE BEEN A DISMISSAL OF ALL CHARGES. JUDGE JACK SKEEN, JR., with the approval of the STATE'S WRITTEN**"WRITOF~HABEAS** CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW," has not only given a JUDICIAL ADMISSION TO THE STATE'S FAILURE TO PROVE ALL, ESPECIALLY KEY ISSUE POSSESSION OF ASSUMED EVIDENCE THAT WAS TO HAVE BEEN TAMPERED WITH, FACTS OF THE INDICTMENT BEYOND A REASONABLE BELIEF, BY SAID APPROVAL THROUGH A NEGLECT OF JUDICIAL DUTY AND ORDER OF PROCEDURE, HAS NOW ENJOINED INTO THE ABUSE OF DISCRETION THROUGH A CONSPIRACY TO CONCEAL MATERIAL FACTS.

11III SEPERATION OF POWERS IS A REFUTATION OF CONSPIRACY RELATOR asserts there is still a need for checks and balances between the JUDICIAL POWERS. In this particular case this was not accomplished. When. there is a need to act and failure to act when there is A DUTY TO DO SO, IT IS A RECKLESS DISREGARD OF THIS RELATOR'S FUNDAMENTAL RIGHTS coupled with the knowledge of the anticipated unjustifiable DENAIL IN THIS HABEAS PROCEEDING due to THE CONSTITUTIONAL DEPRIVATIONS already incurred IN PROCESSESOF THE PROSECUTIONS MALICIOUS.MISCONDUCT, DENIAL OF BRADY MATERIAL, INEFFECTIVE ASSISTANCE OF COUNSEL, AND THE LIST GOES ON. The fact that there was NO EVIDENCE TO PROSECUTE THE RELATOR IN CAUSE NO. 241-0009- 13, "POSSESSION CHARGE", THAT WAS IDSMISSED, should be sufficient to establish that the JURY'S VERDICT WAS CONTRARY TO THE INDICTMENT, and the ATTORNEY WAS TO FILE MOTION FOR NEW TRIAL, JUDGE SHOULD HAVE DENIED THE VERDICT ''FOR FAILURE TO ESTABLISH POSSESSION AS SPECIFIED IN THE INDICTMENT. The STATE FAILED TO PROVE BEYOND A REASONABLE DOUBT THE FACTS OF LAW ENTERED IN THE INDICTMENT TO PROVE RELATOR "TAMPERED WITH PHYSICAL EVIDENCE." Therefore, "The legal procedures in this case were [not] proper and as provided by the CONSTITUTION and TEXAS LAW." (See, ATTACHMENT C, WRIT OF HABEAS CORPUS FINDINGS OF FACT AND CONCLUSION OF LAW at pg. 2, #8; also, CSS at pg. 103, #8). RELATOR has presented facts established from the record (as recalled) that show whether by calculated intent and design, or by their combined error, incompetance, apathy and ignorance, THEPARTICIPANT'S, have collectively, whether, either through acts of commission and/or omission, have entered into a "CONSPIRACY" to subject RELATOR to CONSTITUTIONAL DEPRIVATIONS AND INJURIES" thereby "INFLICTING GRIEVOUS LOSSES OF RELATOR'S PROTECTED LIFE, LIBERTY AND PROPERTY INTEREST" by and through their blatant violations and lack of requisite process before depriving RELATOR of those interest. PARTICIPANT'S COLLECTIVE ACTS, AS COMBINED IN THEIR CONSPIRACY and as utilized in
a judicial process, that·1as designed, structured, implemented as currently practiced in their oppressive, abusive, and grossly prejudicial application to the RELATOR is totally lacking in even a facsimile of reasonable procedural safegaurds that are CONSTITUTIONALLY sufficient to protect against unjustified deprivations of RELATOR'S FUNDAMENTAL RIGHTS AND RIGHTS TO DUE PROCESS. PARTICIPANT'S COLLECTIVE ACTS / CONSPIRACY WILL RESULT IN VIOLATIONS THAT RISE TO THE LEVEL OF A SUBSTANTIAL DEFECT. Thereby subjecting RELATOR to the deprivation of his "FUNDAMENTAL DUE PROCESS RIGHTS." Resulting in ,"A COMPLETE MISCARRIAGE OF JUSTICE" that is inconsistant with fair procedure; to the**substantial~** detriment and injury of the RELATOR.

12IV ACKNOWLEDGEMENT RELATOR on a TUESDAY, JANUARY 27, 2015 P.M., received the COURT OF CRIMINAL APPEALS NOTICE of receiving and presenting to said COURT, this RELATOR'S APPLICATION FOR 11.07 WRIT OF HABEAS CORPUS, TRIAL COURT NO. ?41-0010-13-A; WR

- 82, 716

- 01 (See, ATTACHMENT H), this "RECEIVAL AND PRESENTMENT" took place on 1/15/2015, and NOT MAILED UNTIL JANUARY 20, 2015, RELATOR RECEIVED 1/27/2015. "12 DAYS." RELATOR'S PRAYER WHEREFORE, PREMISES CONS+DERED, RELATOR PRAYS the HONORABLE COURT OF CRIMINAL APPEALS SET ASIDE THE JUDGEMENT AND SENTENCE BY ORDER OF ACQUITAL; ALTERNATIVELY, GRANT RELIEF JUSTIFIED THROUGH THE FACTS IN THIS CAUSE, WITH ANY AND ALL RELIEF THIS COURT DEEMS IN DEED AND EQUITY, KNOWING A FAILURE TO RULE IS TO ENJOIN THE CONSPIRACY TO CONCEAL MATERIAL FACTS. SINCERELY,

# 1Jt~t~ MAURICE CAIN #186j2514 CERTIFICATE OF SERVICE I certify that a true and correct copy of RELATOR'S ORIGINAL PETITION FOR WRIT OF MANDAMUS has been served by 

## u.s. MAIL, first class postage pre-paid, with placement in this TDCJ UNITS LEGAL MAIL RECEPTICAL, and therefore under "THE MAILBOX RULE" to be considered filed this day, addressed to: 1) COURT OF CRIMINAL APPELAS OF TEXAS, P.O. BOX 12308, CAPITOL STATION, AUSTIN, TEXAS 78711; 2) LOIS ROGERS, DISTRICT CLERK SMITH COUNTY, 100 N. BROADWAY, RM. 204, TYLER, TEXAS 75702; and, 3) D. MATT BINGHAM, CRIMINAL DISTRICT ATTORNEY SMITH COUNTY, 100 N. BROADWAY, 4th FL., TYLER, TEXAS 75702. SIGNED AND SUBMITTED THIS**0~** DAY OF FEBRUARY 2015.

cc: file /clerk

cca 13 

# __**0.1.J?~~** MAURICE CAIN #18612514**~OWLEDGE** UNIT T/C 0

- 81 1400 FM 3452 PALESTINE, TEXAS 75803

- 2350UNSWORN DECLARATION I, MAURICE CAIN, TDCJ-ID NO. l861Q514i PRO-SE RELATOR herein, for the matters

- --::: ·- ,- c" • • •
- - l • • ,,",**"":'~.·~**

. stated iri and of the "ORIGINAL PETITIOr\( FOR WRIT'op{MANDAMUS II 

### Wlth ATTACHMENTS A - HI

by confinement in THE STATE OF TEXAS entitles the use: under both FEDERAL LAW (28 USCA § 1746), and TEXAS STATE LAW (VTCA CIV. PRAC. AND REM.S CODE§§§ 132"001- 132.003); of this "UNSWORN DECLARATION" to declare under penalty of perjury, and RELATOR DOES SO DECLARE; '·'IN PLACE OF A WRITTEN DECLARATION, VERIFICATION, CERTIFICATION, OATH, OR AFFIDAVIT SWORN BEFORE A NOTARY PUBLIC," THAT the facts deposed, and facts of record claimed in documentation presented are true and correct .under penalty of perjury by this RELATOR. THEREFORE, with presentation of this "UNSWORN DECLARATION" ALL PRESENTED IS TO BE CONSIDERED "VERIFIED, CERTIFIED. AND SWORN TO BY THIS RELATOR."

SIGNED THIS 06 DAY OF FEBRUARY 2015.

cc: file clerk cca

14

# --h2?2~**c:~** MAURICE CAIN**#186~514** POWLEDGE UNIT T/C 0

- 81 1400 FM 3452 PALESTINE, TEXAS 75803---?2350

### EXPARTE

MAURICE CAIN CAUSENO. 241-0010-13-A § 

### § 

### § § 

### § 

### MEMORANDUM IN THE241'1

### DISTRJCTCOURT
OF


### SMITH COUNTY, TEXAS

Thedefendant, MAURICECAIN, undera singleground for relief, allegesthathereceived ineffective assistance oftrial counsel. To determine the merit ofthis claim, a hearing will be held addressing the defendant's ground for relief.

### ORDER
1""' The defendant's Ground for Reliefis 

### DESIGNATED for future resolution.
2. A hearing will be held by way ofaffidavit only 

### concerning the allegations ofineffective assistance ofcounsel. This hearing will consist ofan affidavit from the defendant's trial counsel, Hon. Sten Langsjoen,.relative to his representation ofthe defendant attrial.
3. Mr. Langsjoenshallsubmitanoriginalandthreecopiesofhisanidavittothepost-conviction writ clerkby ,2014. 

### The clerk shall thenmail a copyof the affidavitto the defendantand 

### forward acopy**ofth~** 

### affidavit to the appellate sectionof the SmithCotinty CriminalDistrictAttorney's Ot1ice: · 4. The defendant is 

### NOt to be brought back to

### th~ Smith CountyJail for ahearing.
5. Theclerkofthecourtis orderedto send

## acopyofthis,ordertothedefendant, MauriceCain, TDCJ-ID # 01862514, Texas Department ofCrin1irtalJustice, Choice Moore Unit, 1700

.NorthFM87, Bonharn,Texas75418, mid

### to sendacopy.ofthis

### orderto theappellatesection ·**ot~the** 

### DistrictAttorney's'Office. ··

SIGNED AND ENTERED .this the·_·_ day of_.--,-----------'--____,-' 2014.

HONORABLEJACK SKEEN,JR. 

### Judge, 241 ' 1

### District Court SMITHCOUNTY, TEXAS

.Page 1



## ISTENM. LANGSJOEN ATTORNEYAND COUNSELORAT LAW. 

### P.O. Box539 TYLER,TEXAS 75710-0539 TELEPHONE (903) 531-0171



### MauriceCain, InmateNo.: 1862514 ChoiceMooreFacility 1700N.FM87 Bonham,Texas75418 PrivilegedandConfidential
RE: StateofTexasv. Maurice Cain CauseNo.: 241-0010-13 September30,2014

214stJudicialDistrictCourt, SmithCounty
Maurice Cainv. StateofTexas CauseNo: 12-13-00178-CR 12th

### CourtofAppeals, TylerDistrict
DearMr. Cain: TELEFAX (903) 531-0187



### In

### regardtotheabove,theTrial Court's 

### staffsenttomyoffice,

### inanenvelopedated 09-25-:14, yoursdated09-08-14referencinga "MotionforOrderDirectingDefenseCounsel toReleaseDefendant'sRecords." · · · 

### I do notrecall receivinganyrequestsfromyoufor anythingfromthefilepriortothis

. .**~** . .. . 

### time.

.. . 

### .Youdohave

### a nghttoreceive acopyofybirr'file'illaterial.·inmy..

## possessibn~ andI

·. willfo!Ward

### a**r~dacted** copy ofsametoyouas soonasthe file is

### r~trievedfr()m St()rage. I

do not know

# howtq.haridle the delivery

## ofthe video**re~x)iding** 

### ofyoui**arrest~** 

### and1 

### will checkwithyouipris()nfacility staffonhowthis

# canbChandled.

. Uponreceiptofyour referenced letter,

### I.checked the websiteofthe 12th Court of Appeals and I see·that the·judgment·against you was modified and affirmed,.without the filing ofamotionforrehearing andwithoutthe filingofapetitionfor discretionaryreview. I mentionthis because I do not have a copy ofthe Clerk's Record or ofthe Reporter's Record from your trial; however, copies ofthese records should be in the hands ofthe AppellateClerk,theDistrictClerk, andyourappellateattorney.
This is some authoritythatwouldhave supportedyourrequesttotheappellate court

- while it continued to havejurisdiction- for you to be provided access to the Reporter's

### Record and of the Clerk's Record; however, the appellate court may now have lost jurisdiction to hear such a request at this time. li1direct authority for a request to the appellate court canbe found in Kelly v. State ofTexas, 436 S.W.3d 313 (Tex. Crim. App. 

### 2014). TheKellyopiniondealtwithan appellant'srightto seekthe appellatecourt'shelp 

### in receivingcopies oftheReporter'sRecordandoftheClerk'sRecordwhilethe appellantwas within his time limit to seek PDRrelief; Since you are nowoutofyourtime limitto seek further substantiverelieffromthe appellate court, Kellymaynotsupportthe appellatecourt hearingyourmotion,butitwillnothurttotry.
YoucantrytwothingstoobtaintheReporter'sRecordandoftheClerk'sRecord: 1) send a letter to your appellate attorney and ask him to send youthese records; and 2) you cantry completing and fil.ing theenclosedform Motionfor

### ProSeAccess to theAppellate Record. ·Youmust signand date thedocumentwhere fudicated and sendthe originaltothe appellate clerk for filing: Twelfth Court ofAppeals, 1517 West Front Street, Suite 354, Tyler, Texas 75702, Attention: Cathy Lusk, Clerk]. The Certificate ofService should be completed and copies ofthe Motion should be sentto your appellate attorney and to the State'sappellateattorney.
Bestoflucktoyou. Respectfully,

SMIJsl(w/**enc~)**

. . 1 • •

. /

### EXPARTE

MAURICECAIN CAUSENO. 241-0010-13-A § 

### § § § 

### § INTHE241stDISTRICTCOURT
OF
SMITH COUNTY, TEXAS


### WRIT OF HABEAS CORPUS FINDINGS OF FACTAND CONCLUSION OFLAW
ThedefendantinCauseNumber241-00I0-13hasfiledhisfirstApplicationfor a Writ ofHabeas Corpus. The State filed a Response. The Court hereby enters its findings and conclusions.
TheCourttakesjudicialnoticeofall priorproceedings,reporter'srecords,the documents andpaperscontainedinthe files, and the docket sheetsin CauseNumber 241-0010-13 andthe first Application for Writ ofHabeas Corpus in Cause Number 241-0010-13-A.
The Comienters the following Findings ofFact and Conclusions ofLaw:
l. 

### The

## defe~dant, MAURICE CAIN, was indicted in CauseNo. 241'"00 10-13, filed inthe**24l~t** 

### District Court ofSmithCounty, Te_xas, with the offense of Tamperingwith'Physical Evidence.
2. Thedefendantpled "notguilty," andajurytrial washeld:After

### thejuryfou!ld '·

... him guilty,the defendantpleaded "tnie" tothe State'snotice ofenhanceinent, and the jury· assessed punishmentat twenty years ofiniprisonment and a $1**0~000:00** 

### fine. On June 30, 2014, the.12111 

### Couit ofAppeals affirmed the , . convictionandsentence. 

### Cain v. State, No, 12-13-00l78-CR,2014Tex.App. LEXIS 7037 (Tex.App.- Tyler June 30, 2014, 

### nopet.)(not designated for publication).

. 4. On September 3, 2014, the defendant filed his first Application for a Writ of HabeasCorpus.TheStatetiledaresponse seekingadesignationofissuesand an affidavit from the defendant's trial attorney, Mr. Sten Langsjoen. Said affidavitwas subsequently providedto the Comt.



### t,.j'

### 5. Inhiswritapplication,thedefendantcomplainsthathistrialattorney,Mr. Sten Langsjoenwas ineffective for failingto obtainallegedly "unedited" copies of the video recordings ofthetraffic stop and arrest ofthe defendant
6. The Courttakesjudicial notice ofall priorproceedings andfiles. The Court further finds andconcludesthat:
The basis ofthe claim under this writ application is that Mr. Langsjoen was ineffectivefor not obtainingcopies ofallegedly "unedited" videosthatwould have shownthejury at trial that "excessive force" was used in his arrest and whichwouldalso "suppm1afinding thatdrugswasplanted onthe defendant. " 

### Initially,theCourttindsandconcludesthatthedefendantwasnotchargedwith possessing cocaine under this cause number. Further, Mr. Langsjoen in his affidavitassertsthathereceiycd full discoveryfromthe State.Hefurtheravers thatthe testimonyandvideo evidenceofferedby the Stateattrial "adequately demonstratedthe force used againstMr. Cain duringhis arrest, and provided thejurywith a description ofMr. Cain's injuries and his subsequentmedical_ care for those injuries." The defendanthas not argued in his writapplication; thatthe arrestvideoadmittedattrial di-d not showthe use offorce againsthim by police, or that thejury was unaware ofthe force used by police in their attempt to preserve the evidence the defendant was trying to destroy)Mr. Langsjoen additionally states in his affidavitthatthe force shownonthe trial video constitutedmitigating evidence for the defendant.

. . . 

### TheCourttindsand**~oncludes**

### thatthedefendanthashotofferedanycredible· evidencethatMr.Langsjoenwas**ih~ffective** 

### forthereasonsallegedunderhis ground**f~r**

### relief, m:thathe**s~tTered** 

### anyhat:mtherefrom.

. '-

. 

### 7. _The Cqurtfinds and concludesthatthe defendant's writallegationsconsist· solely ofthe barestallegationswithno validbasis in the recordorthe law.
8. The legal procedures in this case were proper and as provided by the Constitution and Texas law.

Page 2

### 9. The Court concludes that this Application for Writ ofHabeas Corpus is not well taken and shouldin all things be DENIED.



### · 10. TheCourtafterreviewoftheapplicationforhabeas**relief~**

### anyanswer,andthe tile,finds anddeterminesthattherearenocontrovertedpreviouslyunresolved facts material to the legality ofthe defendant's confinement.
ORDER


### The Court orders the Clerk ofthe Courtto immediately transferto the Court ofCriminal Appeals:

! . 

### (I) a copy ofthe Application for Writ ofHabeas Corpus; (2) any answers and waivers executed qy the**State~** 

### (3) a copy ofthe files and docket sheets in**t~e** 

### original causeofaction and the tiles and docket sheets in the tirst Application for WritofHabeas Corpus; and (4) This certificate.**SIG~ED** 

### ANDCERTIFIEDonthis_· _·_dayof

__ -,-____ ,2015.

HONORABLEJACK SKEEN,JR. ·Judge,24P 1

### District Court

SMITHCOUNTY, TEXAS

Page 3EXPARTE

MAURICE CAIN CAUSE NO. 241-0010-13-A § § § IN THE 24lst DISTRICT COURT OF SMITH COUNTY, TEXAS

APPLICANT'S SUPPLEMENTAL ANSWER 

### I REQUEST IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER

TO THE HONORABLW'JUDGE OF THE 24lst DISTRICT COURT: COMES NOW MAURICE CAIN, APPLICANT PRO-SE, with APPLICANT'S SUPPLEMENTAL ANSWER 

### I REQUEST. IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER, IN OPPOSITION TO APPLICATION FOR WRIT OF BABEAS CORPUS, and respectfully states the following to the COURT: I. HISTORY OF THE CASE Applicant, MAURICE CAIN, was indicted in Cause No. 241-0010-13, filed in the 24lst District Court of Smith County, Texas, with the offense of Tampering with Physical Evidence (TEXAS PENAL CODE[TPC] §37.09). Applicant pled "not guilty," ahd a jury trial
was held. After the jury found him guilty, Applicant pleaded "true" to the State's notice of enhancement, and a jury assessed punishment at twenty years of imprisonment and a $10,000.00 fine. On June 30, 2014, the 12th Court of Appeals affirmed Applicant's conviction and sentence. CAIN v STATE; NO. 12-13-00178-CR, 2014 Tex App LEXIS 7073 (Tex App- TYler June 30, 2014, no pet.)(hot designated for publication). II. APPLICANT'S ALLEGATIONS Applic<m·t alleges under a single ground _that his triai. attorney, Ste-n .Marti**Langsjoen~** was**ineffective~** (Writ App at 6-7). Applicant alleges Trial Attorney, The State, and theDistrict

# Cler~'s Office are CONSPIRING TO CONCEAL FACTS in this cause, denying a fair ·and impartial ruling in this HABEAS PROCEEDING. Applicant Aileges without PHYSICAL EVIDENCE LAWFULLY OBTAINED under the guise of a PRETEXT ARREST 

### I STOP 

### I DETENTION_ for a TRAFFIC VIOLATION there is NO COMMISSION OF THE OFFENSE, "TAMPERING WITH PHYSICAL EVIDENCE" as legislated in the LAWS OF TEXAS. (TPC § 37.09). Clear VIOLATION OF TEXAS' LAW AS LEGISLATED FOR THE COMMISSION OF "TAMPERING WITH PHYSICAL EVIDENCE."

1 

## 7III: STATEMENT OF FACTS A. TEXAS PENAL CODE [TPC] §37.09 (IN PERTINENT PARTS) states: a) Aperson commits an offense if/ "KNOWING" that an "INVESTIGATION OR OFFICIAL PROCEEDING IS PENDING OR IN PROGRESS," he: 1) alters, destroys, or conceals "ANY RECORD, DOCUMENT, OR THING" with "THE INTENT" to impair its verity, legibility, or availability as evidence "IN THE INVESTIGATION OR OFFICIAL PROCEEDING;" or (2),(b),(c) Not Applicable (N/A)

d) A person commits an offense if the person: 1) "KNOWING THAT AN OFFENSE HAS BEEN COMMITTED," alters, destroys, or conceals "ANY RECORD, DOCUMENT, OR THING WITH INTENT" to impair, its verity, legibility, or availability as evidence as evidencein any subsequent "INVESTIGATION OF" or "OFFICIAL PROCEEDING RELATED TO THE OFFENSE;: or Nq further Applicability. B. APPLICANT WAS STOPPED FOR A "TRAFFIC VIOLATION (AS RECALLED) FOR FAILURE TO PROPERLY EXECUTE A TURN," therefore:

a) APPLICANT does not concede he committed anv traffic violation, nor was he "AWARE OF ANY INVESTIGATION OR OFFICIAL PROCEEDING PENDING OR IN PROGRESS, OR THAT ANY OFFENSE HAD BEEN COMMITTED FOR THE ASSUMED TRAFFIC STOP, NOR DID HE ALTER, DESTROY, OR CONCEAL ANY RECORD, DOCUMENT, OR THING WITH INTENT TO IMPAIR, ITS VERITY, LEGIBILITY, OR AVAILABILITY AS EVIDENCE IN ANY SUBSEQUENT INVESTIGATION OF OR OFFICAIL PROCEEDING RELATED TO THE TRAFFIC STOP (THE OFFENSE) WHEN HE: STEPPED OUT OF THE VEHICLE TO ONLY BE ASSUALTED THROUGH AN ABUSE OF FORCE FOR AN ASSUMED TRAFFIC STOP, BY TWO OFFICERS, SPECIFICALLY, OFFICER STEPHEN BLACK-AND JOSHUA HILL. b) .APPLICANT was not proven beyond a

### reasoriabl~ doubt to have committed

.the offense', AS LEGISLATED BY TEXAS LAW I OF. "TAMPERING WITH

### PHY~ICAI,;'EVIDENCE. II c) APPLICANT poses the question/ "WHAT PHYSICAL EVIDENCE CAN ONE TAMPER WITH FOR THE-OFFENSE OF A-TRAFFIC VIOLATION?" C. OFFICERS-PHYSICALLY ASSUALT, THROUGH AN ABUSE OF FORCE, APPLICANT UPON EXECUTING THE TRAFFIC STOP AND UPON SUBDUING APPLICANT, WITHOUT WRITTEN CONSENT, OR OTHERWISE, NOR EXIGENT-CIRCUMSTANCES, WOTHOUT WARRANT, _MAKE THE DECISION TO SEARCH THE VEHICLE. D. DISTRICT ATTORNEY'S OFFICE filed on 01/03/2013, that on 03/07/12

- POSS CS PG 1 < lG
a STATE JAIL FELONY, against APPLICANT which was "DISMISSED 05/20/2013." Attachment marked "DEFENDANT'S EXHIBIT A" of DEFENSE ATTORNEY STEN LANGSJOEN AFFIDAVIT submitted to the 24lst TRIAL COURT HABEAS PROCEEDING.

2III. STATEMENT OF FACTS (CONTINUED) E. STATE'S ATTORNEY was allowed to present as evidence an "EDITED DVD" instead of the three (3) seperate and original tapes of the TWO SEPERATE POLICE CARS AND THE PARAMEDIC VIDEO, THEREBY PREJUDICING THE APPLICANT, DENYING FAIR AND IMPARTIAL TRIAL. F. APPLICANT has presented and "REQUEST RULINGS AND CONSIDERATION IN THIS HABEAS PROCEEDING PRIOR TO ANY ORDER ISSUANCE," to the DISTRICT CLERK OF SMITH COUNTY as follows:

a) MAILED OCTOBER 15, 2014: 1) REQUEST FOR PRODUCTION OF ELECTRONICALLY STORED PHOTOGRAPHIC 

### I SOUND RECORDINGS, CERTAIN ASSOCIATED POLICIES, AND INFORMATION PURSUANT TO BOTH: TEXAS ALW, RULE 192 TEX. R. CIV. PROC. AND, FEDERAL LAW, RULE 34, FED. R. CIV. PROC., WITH LETTERS TO "NOTICE CHANGE OF ADDRESS," TO: a) D. MATT BINGHAM, CRIMINAL DISTRICT ATTORNEY SMITH COUNTY; b) LOIS ROGERS, DISTRICT CLERK SMITH COUNTY; and, c) ABEL ACOSTA, COURT OF CRIMINAL APPEALS, AUSTIN, TEXAS.

b) MAILED DECEMBER 01, 2014: 1) AFFIDAVIT 

### I ADDENDUM TO 11.07 APPLICATION IN RESPONSE TO: AFFIDAVIT OF STEN MARTI LANGSJOEN, to LOIS ROGERS, DISTRICT CLERK SMITH COUNTY; and,

c) MAILED DECEMBER 14, 2014; l)MOTION ORDERING ACCESS TO RECORDS, LOIS ROGERS SMITH COUNTY DISTRICT CLERK. G) STATE'S ATTORNEY HAS FILED "STATE'S SUPPLEMENTAL ANSWER IN OPPOSITION TO APPLICATION FOR WRIT OF HABES CORPUS," JANUARY 02, 2015, INTENTIONALLY MAILED TO APPLICANT'S OLD ADDRESS OF CHOICE MOORE UNIT, 1700 NORTH FM 87, BONHAM, TEXAS 75418 (SEE CERTIFICATE OF SERVICE; LETTERS OF NOTICE AT (F)(a)(1)(a); and previous certified LETTER FROM CRIMINAL DISTRICT ATTORNEY OFFICE, NO. 7014 1200 0000 7815 2813, MAILED OCTOBER 21 2014)

. This was "CLEARLY AN INTENTIONAL ACT TO PRF..TUDICE ANY RESPONSE IN A TIMELY MANNER BEPORE COURT RULES ON HABEAS PROCEEDING." APPLICANT RECEIVED THIS NOTICE OF STATE'S RESPONSE THE EVENING OF ,"JANUARY 07, 201'1. H) TAMPERING WITH PHYSICAL EVIDP.NCE AS EXPLAINED IN TPC § 37.09 a person is to be proven to be in the care, custody, and control (POSSESSION) of said evidence, A BURDEN OF PROOF THE STATE WAS UNABLE, NOR HAS ADDRESSED, TO OBTAIN AS SHOWN IN THE DISMISSAL OF THE POSSESSION CHARGE AGAINST APPLICANT AS THE ASSUMED EVIDENCE-BADTO BE OBTAINED LAWFULLY, INSTEAD OF PRETEXTED FROM AN ASSUMED TRAFFIC STOP THROUGH ALLEGATIONS OF LEAVING AN UNSPECIFIED ASSUMED DRUG AREA.

3**IV~** APPLICANT'S BURDEN OF PROOF APPLICANT'S BURDEN OF PROOF is hard to overcome when THE DISTRICT CLERK OF SMITH COUNTY, THE DISTRICT ATTORNEY OF SMITH COUNTY, AND ATTORNEY OF RECORD STEN MARTI LANGSJOEN, the participants hereinafter, have entered into an agreement inferred -from the concert actions among the participants and to'be considered voluntary from the collation of circumstances. See 18 USCA 371; Also, US v THON, 917 F 2d 170, Id. APPLICANT'S ATTORNEY, STEN MARTI LANGSJOEN, has coincidently, through his affidavit given the exa'ct responses needed by DISTRICT ATTORNEY to play down the use of an edited from original three (3) tapes their protrayal of the incidental arrest of an excessive abuse of officers for a traffic stop. One would think from ATTORNEY LANGSJOEN'S lengthy resume at the beginning of his affidavit had he benn affectively considering his client, the APPLICANT, he might have chosen some language more in favor to the APPLICANT. Instead, he chose to favor a response more in favor of the STATE'S abusive actions for edited view of the incident depicted through the manipulated three (3) potion DVD from three (3) seperate VIDEOS, two (2) police camera and one 

### (1) PARAMEDIC I VIDEO, OMITTING RELEVANT PORTIONS VIABLE TO THE DEFENSE. DISTRICT CLERK OF SMITH COUNTY1 has refused to either/ submit to the 24lst TRIAL COURT the documentation, stated herein for review and consideration by the court in the HABEAS PROCEEDING, nor have they confirmed filing to this APPLICANT, a courtesy extended to ATTORNEY'S but not for ANY PRO-SE LITIGANT. The DISTRICT ATTORNEYS OFFICE has intentionally sent their SUPPLEMENTAL RESPONSE TO APPLICANT'S last unit in TDCJ, as they were fully aware that APPLICANT HAD BEEN MOVED. THEREFORE, when there is a need to act and failure to act when there is a duty to DO SO, IT.IS A RECKLESS DISREGARD OF THIS APPLICANT'S RIGHTS coupled with the knowledge of an antic::ipated unjustifiable denial in this HABEAS PROCEEIHNG due to the CONSTITUTIONAL· DEPRIVATfONS already incurr.ed in a

## proc~ss of prosecutorial misconduct, denial of

. . BRADYMATERIAL, INEFFECTIVEASSISTANCE OF COUNSEL, AND DISTRICT CLERKS FAILURE TO PROPER FILINGS TO THE COuRT-.,

## \1ni NOTICE TO**FILH~(;S** THERE

## .rs CIRCUMSTANTIAL EVIDENCE SUFFICIENT TO ESTABLISH A "CONSPIRACY TO CONCEAL FACTS TO DENY APPLICANT A JUSTIFIABLE .HABEAS RULING BY THE COURT UNDER FEDERAL LAW. The-facts established from. the record show whether by c::alculated intent and design/
or by .their combined error, incompetance, apathy and ignorance, have collectively, whether, either through their acts of commission and/or omission, have entered into a "CONSPIRACY" to subject APPLICANT to CONSTITUTIONAL DEPRIVATIONS AND ,INJURIES" thereby "INFLICTING GRIEVOUS LOSSES OF**APPLIC~NT'S** PROTECTED LIFE, LIBERTY AND PROPERTY INTEREST" by and through their blatant violations and lack of requisite process before depriving APPLICANT of those interest. Their collective acts, as combined in their CONSPIRACY and as utilized in a judicial

4 

# I 

# oprocess, that as designed, structured, implemented as currently practiced in their oppressive, abusive, and grossly prejudicial application to the APPLICANT is totally lacking in even a facsimile of reasonable procedural safegaurds that are CONSTITUTIONALLY sufficient to protect against unjustified .depriyation.s of APPLICANT'S fundamental RIGHTS AND RIGHTS TO DUE PROCESS. Their COLLECTIVE ACTS 

### I CONSPIRACY WILL RESULT IN VIOLATIONS THAT RISE TO THE LEVEL ' OF A SUBSTANTIAL DEFECT. Thereby subjecting APPLICANT to the deprivation of his fundamental "DUE PROCESS RIGHTS." Resulting in a complete MISCARRIAGE OF JUSTICE that

. is inconsistant with fair procedure; to the substantial detriment and injury of the

APPLICANT. V. APPLICANT'S PRAYER WHEREFORE, PREMISES CONSIDERED, APPLICANT PRAYS the HONORABLE JUDGE OF COURT will have the SMITH CIUNTY DiSTRICT CLERK produce all documentation submitted by APPLICANT listed herein; this HONORABLE COURT JUDGE RULE ON APPLICANT'S SUBMITTED DOCUMENTATION; CONSIDER ALL DOCUMENTATION SUBMITTED BY APPLICANT IN DETERMINING ANY RULING IN THIS HABEAS PROCEEDING; RESCIND ANY ORDERS RULE ON PRIOR TO THIS APPLICANT'S SUPPLEMENTAL ANSWER 

### I REQUEST IN OPPOSITION TO STATE'S SUPPLEMENTAL ANSWER; MAKE ALL DOCUMENTAION PART OF THE HABEAS RECORD FOR THE COURT OF CRIMINAL APPEALS DECISION 

### I RULING; with any relief the HONORABLE COURT JUDGE deems in deed and equity, thereby GRANTING APPLICANT'S WRIT OF HABEAS CORPUS. SINCERELY"

MAURICE CAIN #1862514 CERTIFICATE OF SERVICE Icertify that a trueand.correct copy of APPLICANT'S SUPPLEMENTAL**ANSWE;~** 

### I REQUEST IN OPPOSITION

# ID STATE'S SUPPLEMENTAL ANSWER

### h~sbeen served by

### U~S~ MAIL, first class postage prepaid, with placement in this TDCJ UNITS LEGAL MAIL RECE:PTICAL, and therefor_e under "THE MAILBOX RULE''.to be considered filed this day, addressed 'to: .J l) LOIS ROGERS DISTRICT CLERK SMITH COUNTY, 100 N. BROADWAY, RM. 204, TYLER, TEXAS 75702; and, 2) D. MATT BINGHAM, CRIMINAL DISTRICT ATTORNEY-SMITH COUNTY,-100 N. BROADWAY, 4th FL., TYLER, TEXAS 75702. SIGNED AND SUBMITTED THIS

### /~ DAY OF JANUARY 2015.

MAURICE CAIN #1862514 (THIS IS A HAND TYPED COPY DUE TO UNIT REFUSAL TO RUN COPIES,.UNSWORN DECLARATION & CLERK'S LETTER OMITTED). 5 

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