COURT OF CRIMINAL APPEALS Att: Abel Acosta* Clerk P.O. Box 12308 Austin, Texas 78711 

# m 

# ?5l-0l February 3, 2015

Re: SUPPLEMENT TO THE ORIGINAL APPLICATION FOR WRIT OF HABEAS CAUSE NO. ll-04-0468r6-CR-(l) COUNTS I AND II Dear Mr. Acosta, Enclosed please find Applicant's Pro Se Motion Requesting Leave To File A Supplement To The Original Applications For Writ Of Habeas Corpus/ that was filed on Dec. 22,'2014/ with 

### the 221st Judicial District Montgomery County/ Texas.'Applicant has filed this same motion with the lower court but does not know ,if the clerk of that court has forwarded said motion to the Court of Criminal Appeals. Please file said motion and present it to the Court/ thank you for your effective assistance in this matter.



### RECEIVEDIN COURT OF CRIMINALAPPEALS 

## FEB122015

I.L.A. Respectfully submitted/ 

# /s/£fc t-UUL**^- DARYL LEE BEESON #1788958 Michael Unit 2664 FM 2054 Tennessee Colony/ Texas 75886WRIT NO. TRIAL CAUSE NO. 11-04-04686-CR-(1) COUNTS I AND II EX PARTE § IN THE COURT OF § DARYL LEE BEESON, § CRIMINAL APPEALS APPLICANT § § AUSTIN, TEXAS
PRO SE MOTION REQUESTING LEAVE TO FILE A SUPPLEMENT TO THE ORIGINAL APPLICATIONS FOR WRIT OFHABEAS CORPUS (11.07)
TO THE HONORABLE COURT OF CRIMINAL APPEALS: COMES NOW DARYL LEEBEESON/; pro se Applicant, requesting leave to supplement the applications for writ of habeas corpus that was filed in the above-styled and numbered cause to show this Honorable Court the further details of the circumstances of this cause. I. The Applicant has.not been notified of a ruling from the Court to date and therefore, submits this supplement to the applications for writ of habeas corpus and is timely filed. II. NATURE OF THE CASE The Applicant was charged by indictment with two counts of aggravated sexual assault of --rchild/ alleged to have occurred 

### on or about January 24, 2011. The Applicant pled "Not Guilty" but a jury found him guilty as charged and assessed his punish ment at life imprisonment in each count. The trial court ordered the sentences to run consecutively. III. REQUESTED SUPPLEMENTS OF THE CLAIMS THAT SHOULD HAVE BEEN REAISED ON DIRECT APPEAL GROUND RTMte: (1)INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR FAILURE TO RAISE A MERITORIOUS CLAIM OF DUE PROCESS RIGHTS AND ALSO HIS CONSTITUTIONAL RIGHT TO COUNSEL GROUND TEN: INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT'S ABUSE OF DISCRETION IN ADMITTING HEARSAY VIDOTAPED INTERVIEW GROUND ELEVEN: INEFFECTIVE ASSISTANCE; OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT VIOLATING APPLICANT'S DUE PROCESS RIGHTS BY DENYING HIS MOTION FOR CONTINUANCE GROUND TWELVEINEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT'S CLEAR ABUSE OF DISCRETION" IN ADMITTING CELL PHONE PHOTOGRAPHS 

### Applicant is requesting this Court for leave to add these 

### grounds that are listed above into the already filed applications for writ of.habeas,corpus not to change or take away from these said writs, with the cause number ll-04-04686-CR-(1). IV. THE REQUESTED RELIEF SHOULD BE GRANTED 

### Applicant is not filing this motion todelaybut for the adminstration of justice. Applicant is proceeding pro se in this matter/ without assistance of professional counsel. He has no 

### formal training in law, and has limited access to the Unit Law 

### Library for puroses of reseaching. relevant laws dealing with this case. Therefore, Applicant moves this Honorable Court to review the allegations in this pleading under the standard of 

### review established by the United State Supreme Court inHAINES V. KENNER, 404 U. S. 519,92 S-.Ct. 594,30 L.Ed2d 652(1972). If this Court can reasonably read pleadings to state a valid 

### cause of action' upon which litigant could prevail it should do so despite failure to cite proper authority, confusion of 

### legal theories, or a litigant's unfimliarity with pleadings 

### requirments. BUSHV. U.S. 823F.2d909.910(5thCir-1987). (2)V. PRAYER FOR THE ABOVE REASONS/ and for the reasons stated in the applic ation for writ of habeas corpus/ DARYL LEE BEESON# respectfully Request that this Honorable Court grant Applicant's Pro Se Motion 

### requesting Leave To File A Supplement To The Original Application For Writ Of Habeas Corpus. VI. CERTIFICATE OF SERVICE This is to certify that on February 3/ 2015/ a Pro Se Motion Requesting Leave To File A Supplement To The Original Application For Writ Of Habeas Corpus/ has been forwarded to Abel Acosta, Clerk of the Court of Criminal Appeals at P.O. Box 12308, Austin, Texas 78711, by U.S. Mail. Respectfully submitted, /s/

I.L.A. (3) DARYL LEE BEESON #1788958 ,-\ Michael Unit 2664 FM;2'054 Tennessee Colony, TX. 75886WRIT NO. TRIAL CAUSE NO. 11-04-04686-CR-(1) COUNTS I AND II EX PARTE § IN THE COURT OF



### . § DARYL LEEBEESON, § CRIMINAL APPEALS APPLICANT § § AUSTIN, TEXAS

ORDER OF THE COURT 

### On ' this the day . of , , came to beheard Applicant's Pro Se Motion Requesting Leave To File A Supplement To The Original Applications For Writ Of Habeas Corpus, in the 

### above-styled and numbered cause, 'and it appears to theCourt that this motion should be granted.
SIGNED ON THIS-THE DAY OF ,2015. /s/ JUDGE PRESIDING

I.L.A. (4)CROKNDMNE: TNESFECHFjyS^ASSISTANCE OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE A MERITORIOUS CLAIM OF DUE PROCESS RIGHTS AND 

### ,.-' ALSOHIS CONSTITUTIONAL RIGHTTO COUNSEL FACTSSUPPORTINGGROUNDONE: 

### Applicant's appellate counsel was 'ineffective; for fai.lipqg 

### to raise.a.meritorious claim ofApplicant's DueProcessRights ,of .the Fifth Amendment and. also,,his. constitutional Right 

### ••of. counsel thatwereviolatedduring acustodial interroga

tion... with Detective Funderburk. Applicant's testimonyand 

## ...in the. .taped interview,, it isclearheinvoked,hisright

to counsel and to terminate the interview, each time he 

### would invoke those righ,ts the Detectivewould get-up and 

## leaveclosing thedoorand leavingApplicantwith1thefeeling Of being,flocked-in. Iftheaccused indicates inanymanner tnat-.. ne wishes,.to..reaiiw-silent or to consult anattorney, interrogation must cease, and any statement obtained from 

### Jiimmaynot'be admittedagainsthimat trial. Thus, violating 

### 14id)

mv.mmm

### APJPlicant's Fifth, Fourteenth and his Sixth Amendment Right
to counsel. SEE MEMORANDUM IN SUPPORTOFAPPLICATION FOR HABEAS CORPUS, GROUND ONE:

15-(d) 

### Rey;,tlZl4/l-4;GROUND: ten : INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT'S ABUSE OF DISCRETION IN 

### ADMITTINGHEARSAYVipOTAPEDINTER¥IEWi 

## FACTSSUPPORTINGGROUND: 1

Appellate counsel was ineffective for his failure to raise trial court.'s clear abuse of discretion in admitting a hearsay 

### videotaped ..-.interview o.f .the complainant.. The, trial court 

### admitted into evidence a prior videotaped interview of the complainant. The videotaped interviewwas inadmis'sible hearsay which was not subject to any applicable exception....Therefore, 

### the videotaped interviewwas inadmissible hearsay that should npt:- have been- admitt'ed.':, The admission of the videotaped 

### interview strongly increased .the weight andbelieyability of the, complainant's testimony, to show that Applicant threat

### ed ,her with death or serious.;body injuryas alleged in the 

### jindictment. Such consistent testimonybolsters the complain ant's live testimony- at trial. Therefore, the admission

T4 (e)
Rev.01/14/14of the, videotaped interview was harmful to the Applicant at trial. Without doubt a clear abuse of discretion is shown 

### by_ the trial court in allowing the videotaped interview to be presented to the jury. SEEMEMORANDUMINSUPPORTOFAPPLICATIONFORHABEAS CORPUS, GROUNDTflD:

1$(e)
Rev.01/14/14

### 'GROUND:: ELEVEN [ INEFFECTIVE ASSISTANCE OF APPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT VIOLATING APPLICANT'S DUE PROCESS RIGHTS BY DENYING HIS MOTIONFOE CONTINUANCE. FACTSSUPPORTINGGROUND: 

### Applicant's appellate counsel was ineffective forhis failure to raise trial court denying his motion for continuance, based
on a. need. ..for .-more time to investigate the.evaluation of

< .the complainant's mental state, due to her having "Multiple



### Personalities".and to assist the preparation and presentation of his defense. Here in the case at bar, the complainant described a girl named "Emily" who exists inside her head who she has7 known forever and who talks to her and tells her what to do and also gets mad at her if she doesn't do
as "Emily" tells her to do. One of the elements of the offense
was about whether or .not a, threat was made, the defense 

### heeded more time to find out, to what extent has "Emily" been persuading or has been influencing Bethany Cochran,
U (f) Rev. 01/14/14the complainant in this case. The trial court denied the motion for continuance/ due to the fact it was the defense's third one/ and in doing so denied the Applicant sufficient time for him to effectively use this information in his defense, thus, denying Applicant's due process rights, and 

### denying him of effective assistance ofcounsel. SEEMEMORANDUMINSUPPORTOFAPPLICATIONFORHABEASCORPUS, GROUNDTHREE:



### is; (f) Rev.01/14/14

### GROUND: TWELVE INEFFECTIVE ASSISTANCE OFlAPPELLATE COUNSEL FOR HIS FAILURE TO RAISE THE TRIAL COURT'S CLEAR ABUSE OF DISCRETION '__ INADMITTING CELL PHONE PHOTOGRAPHS FACTSSUPPORTINGGROUND: These photographs were presented by Sergeant Funderburk who is. 

### not a expert in cell phone.or computer recovery/ nor did he 

### remove these photos from the cell phone. The admissibility of these photos was objected to by counsel and is as follows: 

### "Again/ Your Honor, we are going to re-urge ourprevious object 

### iontotheadmissibilityofthephotographs. Even inthepunish ment phase of the.trial, they are — the search was conducted 

### in violation of my client's privay rights and were on his phone. And any evidentiary value, probative value is far out 

### weighed-, by the danger of prejudice. And also relevance. Your 

### Honor/ relevance to what happen,in this,case..Theyarephotog raphs- depicting -- firstof all/ there is no evidence that the, photographs involved himat all. Number two, there is 

### no .evidence that the -photographs depict anything other than 14(g) Rew01i:4/14consensual adult activity. And there is nothing; — these are 

### not bad acts. There is nothing unlawful about what isdepicted. And. since ,theys depict consensual adult activity, theyhave no relevance in this case." (RR Vol.VII.pg.20). Applicant contends that these photos were erroneously admitted into evidence. There was no foundation laid for the photos/ they
were not properly authenticated, they had no relevance other than.,_to prove character conformity, and the danger of unfair 

### prejudice arising from the admission of the photos substantially outweig.hed anyprobative value they might have had. See TEX.R. 

### EVID.403,404(b),901. The general rule.,,,aphoto is admissib.leM<£ it is relevant to, the material issue and is an accurate repre sentation of its, subject as to agiven time. The trial court decision to admit these phojtos was a, clear abuse of discretion. Appellate counsel's failure to raise this issue was a violation of Applicant's Sixth Amendment Right. 

### 15: (g) 

### Rev,mmM