Clyde Henry Crump #1643987

Eastham Unit

2665 Prison Road 1.

Lovelady, Texas 75851

IO /<A3 /2015

Clerk of7 the Court of

Criminal. Appeals

P.O. Box: 12308

Austin, Texas 78711

District Clerk

Harris County

P.O. Box: 4651

Houston, Texas 77210-4651

RE: FOU FILING

RECEIVED IN

COURT OF CRIMINAL APPEALS

, NOV 12 2015

AbelAcosta. Clerk

Please file and bring to the judges of the above listed count's attention for a

ruling on my enclosed REQUEST FOR ODT OF TIME STAY OF MANDATE TO FIT E A WRIT OF

CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN

THIS COUKT.

FuTther, please provide me with a stamp dated copy of this cover letter

indicating filing date.

As well, I can be contacted at my addressed listed above with the court's

ruling upon their decision.

In advance Thank You for your assistance.

Clyde Henry Crump #1643987

Movant Pxro-Se

Eastham Unit

2665 Prison Road 1

Lovelady ,, Texas 7585-L, ,-« ...

HLED IN

COURT OFCRIMINAL APPEALS

alxsi Acosta, Clerk
CLYDE HENRY CRUMP, § IN THE COURT OF CRIMINAL

TDCJ No. 1613987 §

WJVANTi PRO-SE § APPEALS

§

§ AUSIIN, TEXAS

REQUEST FOR OUT OF TIPE STAY OF MANDATE

TO FILE A WRIT OF CERTIORARI IN THt UNIIEU STAIES SUPREME COURT

AND/OR

A MUIIUN FOR KEHtARlNG IN THIS COURT

No.

PETITION FOR DISCRETIONARY REVIEW

APPEALED TO THE FOURTEENTH COURT OF APPEALS

No. 14-10-00437-CR

179TM JUDICIAL DISTRICT COURT

HARRIS COUNTY, TX 1119150
No.

PETITION FOR DISCRETIONARY REVIEW

CLYDE HENRY CRUMP,

TDCJ No- 1643987

MOVANT, PRO-SE

§

§

§

§

IN THE COURT OF CRIMINAL

APPEALS

AUSTIN, TEXAS

REQUEST FOR ODT OF TIME STAY OF MANDATE

TO FILE A WRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT

AND/OR

A MOTION FOR REHEARING IN THIS COURT

COMES NOW, CLYDE HENRY CRUMP, TDCJ No. 1643987, MOVANT, PRO-SE, in the

above numbered and styled cause of action and request that this Court GRANT his

REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI IN THE

UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING EN THIS COURT,

pursuant to rule 69.4 (TRAP), and the rules governing Writ of Certiorari in the

United States Supreme Court. Movant, will show the following:

I.

After a 2010 conviction in cause no. 1119150, the Trial Court appointed

Counsel Sharon E. Slopis to represent Movant on direct appeal. Counsel Slopis

filed the direct appeal, which was denied on August 23, 201.1,

No. 14-10-437-CR.

Appointed Counsel Sharon E. Slopis, then filed a timely Petition for

Discretion Review with this Court (Movant does not know the filing date nor the

number of this Petition for Discretionary review).

However, after contacting Counsel Slopis in October 2015, Movant learned

that the Petition for Discretionary Review was denied by this Court on January

25, 2012.

II.

After consulting with offender Marlin Webb #541397, in the Eastham Unit

Law libaray, Movant was advised to contact Counsel Slopis and the Clerk of this

Court to inquire into the status of his Petition for Discretionary Reviev. Upon

this advice Movant did in fact, write Counsel Slopis and the Clerk of this

Court a letter inquiring into the status of his Petition for Discretionary

Review.

Pg 1 of 4
Ira response, Counsel Slopis informed Movant (by letter) that his Petition

for Disc5reti.on.ary had been denied by this Court on January 25 2012.

However, the letter that. Counsel Slopis sent to Movant was/is BACEDATEED

to February 1.0, 2012 and INCORRECTLY addressed to the TDCJ Telford Unit in New

Boston, Texas.

With the backdated letter, Counsel Slopis informed Movant that, ("he had

one step left", to file a request with this Court asking that a. stay of mandate

be issued so that he could file a writ of certiorari to the United States

Supreme Court.)

III.

Counsel Slopis erroneously mailed Movant notice of this Court's January

25, 2012 decision, denying his Petition for Discretionary Review on February 10,

2012 to the TDCJ Telford Unit 3899 State Hwy- 98, New Boston,, Tx 75570.

While Movant was infact assigned to the TDCJ Telford Unit from July 2010

until December 2010, Movant was no longer assigned to the TDCJ Telford Unit in

February 2012, due to a administrative unit transfer in December 2010.

In December 2010, Movant received an administrative unit transfer to the

TDCJ Michaels Unit 2664 FM 2054 Tennessee Colony, Texas 75886. See Exhibit A

Movant remained on the TDCJ Michaels Unit from. December 2010 until

November 2014 when be was administratively transferred to the TDCJ Eastham Unit

2665 Prison Road 1 Lovelady, Texas 75851 where he remains house to date.

THUS, Movant was not assigned to the Telford Unit on February 10, 2012 to

receive the letter Counsel Slopis sent informing him of this Court's January

25, 2012 decision denying his Petition for Discretionary Review and informing

him of his next available option(s).

FURTHERMORE, TDCJ Telform Unit mailroom (TDCJ EMPLOYEES) did not forward

Movant the February 10, 2012 letter from Counsel Slopis informing him of this

Court's January 25, 2012 decision denying his Petition Discretionary Review and

his next available option(s).

IV.

Pursuant to Rule 69.4-(TRAP), Movant had fifteen (15) days inwhich, to

file a Motion for Rehearing with this Court, after it's January 25, 2012

decision denying his Petition for Discretionary Review. Movant, would not have

knowingly waived any of his procedural rights. Had Movant, been timely notified

Pg 2 of 4
of this Court's decision, he would have elected to file the nation, for

rehearing.

Moweover, if timely notified Movant would would have Requested aStay of

Mandate, allowing him ninety (90) days to file aWrit of Certiorari in the

United Spates Supreme Court. Movant would not have knowingly waived this

procedural right.

V.

Movant dees not know who is responsible for failing to provide timely

notice to. him, of this Court's January 25, 2012 decision derxying his Petition

for Discretionary Review and informing him of his next options) - Counsel

Slopis for mailing the notice to the erroneous address or th,e TDCJ Telford Unit,

mailroom (TDCJ EMPLOYEES) for failing to either forward, the letter (notice) to

Movant or returning the letter to Counsel Slopis - at any rate Movant did not

received notice of this Courts decision denying his Petition for Discretional

Review until October 19, 2015 and is now forced to make this request. See

Exhibit. B & C.

VI.

PRAYER

Movant, PRAYS that this Court GRANT this REQUEST FOR OUT OF TIME STAY OF

MANDATE TO FILE AWRIT OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OS

AMOTION FOR REHEARING IN THIS COURT for the reasons set forth above, namely

that Movant did not receive timely notice of this Court's January 25, 2012

decision denying his Petition for Discretionary Review and instructions from

his Court Appointed Counsel Sharon E. Slopis. Movant Prays for all other relief

that this Court deems just and necessary in the interest of justice.

VTT.

CERTIFICATE OF SERVICE

Movant, declares that service has been completed by placing the above and

foregoing REQUEST FOR OUT OF TIME STAY OF MANDATE TO FILE AWEIT OF CERTIORARI

IN THE UNITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT

in the United States institutional mailbox located in the North hallway of the

Pg. 3 of 4
East.h.m nit .«„»..„ to the Cl„k of the Court of Crl»,„. , . , U30S *iitlll. T_ 7sm and to ,he B„ris Mitrtc • -» » P.O, »«

H„USto„, Iexas ,7210.4651 „„ tM. &M_ day of _asfctfc£L_ClMt '£ »~

Clyde tferrry" Crump #1673987"

Movant Pr0-Se

vm.

UNSWORN DECLARATION

T, CLYDE HENRY CRUMP, TDCJ No. 1643987, Movant, Pro-se

incarcerated at the TDCi Ea.thTM tt •«. , S preseT,tl? n.„-it -r • ^ovelday, Texas declares under tbe penalty o* perjury that, according to my belief and knowledge the fore.o

facts set out above in my REQUEST FOR OUT OF TIME STAY OF MANDATE

TO FILE Aon OF CERTIORARI IN THE UNITED STATES SUPREME COURT AND/OR

AMOTION FOR REHEARING IN THIS COURT are true and correct, ^xas Civ

Pratices a,d Remedies Code Chapter 132.001-003. Executed on *his iw day

of J-2c£«2iS&C 2015. -— y

Pg 4 of 4

Clyde Henry Crump #1643987"

Movant Pro-Se

Eastham Un it

2665 Prison Road 1

Lovelady, Texas 75851
No.

PETITION FOR"dISCRETIONARY REVIEW

CLYDE HEURY CRUMP, 6 IN THE COURT 0F CRIMINAL

TDCJ No. 1643987 §

MOVANT, PRO-SE § APPI^AIS

§

§ AUSTIN, TEXAS

COURT'S ORDER

CAME TO BE CONSIDERED on this the day of __ , 20 ,

Movant's REQUEST FOR ODT OF TIME STAY OF MANDATE TO FILE A WRIT OF CERTIORARI

IN THE UlSITED STATES SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT

and it is the ORDER of this COURT that said request be GRANTED / DENIED.

COMMENTSi

- J.*i.?l^JL jU. J. ISO
HOUSTON, COUNTY

LOVELADY?, TEXAS

AFFIDAVIT

I, CLYDE HENRY CRUMP, TDCJ #1643987, Affiant, Pro-Se, the u.^^^ authorlty

personal ly appeared while presently housed at the TDCJ Eastern Unit without any

premises cf gifts or coercions of threats and. violence depoSes and statGS the

following:

Iam the one and the same litigant in the attached and foregoing REQUEST FOR

ODT OF TIKE STAY OF MANDATE TO FILE AWRIT OF CERTIORARI IN THE UNITED STATES

SUPREME COURT AND/OR A MOTION FOR REHEARING IN THIS COURT;

Ihave not, and would not, intelligently, knowingly and voluntarily waive any

procedural rights or options provided to me by the laws of the State of Texas

or the United States of America, in the appeal of this capital murder

conviction and life without parole sentencej

I did not receive notification of this Court's January 25, 2012 decision,

denying my Petition for Discretionary review until October 19, 2015, and Ionly

received said notice then, because Ireceived advice from offender Marlin Webb

541397 while in the Eastham Unit Law Library suggesting that I contact Counsel

Slopis and the Clerk of this Court and inquire into the. status of my Petition

for Discretionary Review;

I was not assigned to the Telford Unit in February 2012 to received the

erroneously addressed letter from Counsel Slopis notifying me of this Court's

January 25, 2012 decision denying my Petition for Discretionary Review and what

my remaining legal options were;

Telford Unit mailroom (TDCJ EMPLOYEES) did not forward to me at the TDCJ

Michaels Unit, Counsel Slopis' letter informing me of this Court's January 25,

2012 decision denying my Petition for Discretionary Review;

Idid not receive notification from the Clerk of this Court notifying me of

this Court's January 25, 2012 decision denying my Petition for Discretionary

Review:

Pg 1 of 2
Had Affiant received timely notice of this Court's January 2S, 2012 decision

denying m^ Petition for Discretionary Review and counsel Sloj>is» advice that I

had "one step left, to request a stay of mandate to file a w^it of certiorari

in the United States Supreme Court, then I would have done exactly that in a

timely manner. Just as I am now requesting to do so.

Affiant says further not.

Clyde HenTy~Crurop-#l'64l987 ~ Affiant Px-o-Se

CERTIFICATE OF SERVICE

Movant, declares that service has been completed by placing the above and

foregoing AFFIDAVIT in the United States institutional mailbox, located in the

North hallway of the Eastham Unit addressed to the Clerk of the Court of

Criminal Appeals P.O. Box 12308 Austin, Texas 78711 and to the Harris County

District. Clerk P.O. Pox 4651 Houston, Texas 77210-4651 on fhis jC?Jrc/ day of

October 2015.

Clyde Henxy Crump #1643987

Affiant Pxo-Se

UNSWORN DECLARATION

I, CLYDE HENRY CRUMP, TDCJ No. 1643987, Movant, Pro-Se, being presentl.y

incarcerated at. the TDCj Eastham Unit, Loveldey, Texas declares under the

penalty of perjury that, according to my belief and knowledge the foregoing

facts set out above in my AFFIDAVIT are true and correct. Terras Civil Pratices

and Remedies Code Chapter 132.001-003. Executed on this ^3rJ day of

October 2015.

Pp 2of 2

of 2

<? ? %.c

Clyde 4tenry Crump #1643987

Affiant Pro-Se

Eastham Unit

2665 Prison Road 1

Lovelady, Texas 75851
* V

TEXAS EDUCATION AGENCY

1701 North Congress Ave. • Austin, Texas 78701-1494 • FAX: 512/305-9493V http://www.tea.state.tx.us/ged

^x//^xr A H Friday, May. 25, 2012

CLYDE H CRUMP

2664 FM 2054 ATTN EDUC DEPT

TENNESSEE COLONY, TX 75886

In orderto receive a Texas certificate of high school equivalency, you need to take further action.' Please notethefollowing

regarding scoresthat are on file for you at the Texas Education Agency: . . - .

PASSING SCORE REQUIREMENTS: You mustmake a total score ofat least2250 (450average) with no scoreless than

410.

RETESTIMG: We strongly recommend that you prepare for the tests by studying at an adult education.program or with a

certified teacher. When you are prepared, your teacher will give you a retest letter to take to the GED Testing Center. Unless

you have a retest letter, you must wait six months before retesting.

INCOMPLETE SCORES: This score report reflects all of your GED Test scores which are currentlyon file in our automated

database, but it may not reflect your complete test history. The following may apply: (1) ifyou have not taken allfive tests, you

need to make arrangements to complete the tests at a local GED testing center; or (2) if you tested beforeat another Texas

center let the center know that you have completed additional tests.

COMBINATION OF LANGUAGE VERSIONS: In order to receive a certificate, you must successfully completeallfive GED

Tests in one language. English and Spanish language editions of the tests cannot be combined.

-

For Test Center Use Only - Test Form History

English

Language Arts,

Writing

Social Studies Science Language Arts,

Reading

Mathematics

5/24/2012 IG 5/24/2012 IG 5/24/2012 IG 5/24/2012 IG 5/24/2012 IG
lMYY?3ILN7:vY°Ur GER IeSiSC?r«S T!Hed bVUe f°llowin9 File Identification Number: XXXXX4643. You must take thisletter tothe center where you plan to complete the testor retest

Failure to use your File Identification Number may result in incomplete GED test results. DO NOT

LOSE THIS LETTER.

Name: CLYDE H CRUMP

Testing Center: MICHAEL

OFFICIAL REPORT OF TEST RESULTS

TESTS OF GENERAL EDUCATIONAL DEVELOPMENT

I. HIGHEST TEST SCORE REPORT

I. The following GED Test scores are your highest scores:

Date of Birth: 6/7/1984

File ID: XXXXX4643

TEST TEST DATE FORM LANGUAGE. SCORE us%

Lanquaqe Arts, Writinq 5/24/2012 IG Enqlish;. 510 54 .

Social Studies 5/24/2012 IG Enalish • 380 12

Science 5/24/2012 IG Enqlish 440 27

Lanquaqe Arts, Readinq 5/24/2012 IG Enqlish 520 58

Mathematics 5/24/2012 IG Enqlish '' 400 16

Total Score: 2250

Averaqe Score: 450^0

II. MOST RECENT TEST SCORE REPORT

II. The following GED Test scores are your most recent scores:

TEST TEST DATE FORM LANGUAGE SCORE US%

Lanquaqe Arts, Writinq 5/24/2012 IG Enqlish 510 54

Social Studies 5/24/2012 IG Enqlish 380 12

Science 5/24/2012 IG Enqlish 440 27

Lanquaqe Arts, Readinq 5/24/2012 IG Enqlish 520 58

Mathematics 5/24/2012 . IG ' English 400 16

You need to retest/complete the following GED Tests, and make a total score of 2250:

Social Studies; Mathematics

(See reverse side forinformation about Passing Score Requirements, Retesting, and Incomplete Scores).

GED Unit: GED@tea.state.tx.us
SHAISONE. SLOPIS, ATTORNEY AT LAW p.o box moms Houston, tx, 77098 cnssawm

Mr. Clyde Henry Crump

T.D.C. #01643987

vTelford Unit .

3899 State HwyT 98

New Boston, Tx. 75570

Dear Mr. Crump;

\February 10,.•2012

I regret to inform you that the Court of Criminal Appeals refused your Petition for

Discretionary Review on January 25, 2012.

You still have one more step to take if you wish to take it.

You may move to stay issuance of the mandate for 90 days, and file a Writ of Certiorari to

the United States' Supreme Court.

You may either file the Writ yourself, or hire an attorney to file it for you, as the court will

not appoint counsel at this stage of the proceedings.

I regret that we were unable to win your appeal, and I wish you good luck.

Very truly yours,

Sharon E. Slopis
SHARON E. SLOPIS, ATTORNEY AT LAW p.obox980803 Houston, tx, 77098 cHSsawm

Mr. Clyde Henry Crump

T.D.C. #01643987

Eastham Unit 0-2-6 Top

2665 Prison Rd. #1

Love Lady, Tx 75851

"October 12, 2015

Dear Mr. Crump;

Enclosed is the last letter I sent to you, regarding your PDR. There is no state

response. I hope this helps.

Very truly yours,

Sharon E. Slopis,

Attornev at Law