Ex Parte Ersan Yurtman, Applicant NO-1993-CR-1511E-W4 § § § 

# U3,H5"-oq

In the 186th Judicial District Court 

## Of BexarCouggggjgggity COURTOFCRIMINALAPPEALS 

## M*MIw.-.—ED * APR152015 ^/u-a"Y^j^r>X .^ Applicant'sMotionForEhBancConsideration ! ^ ff-\AS Traverseof the TrialCourt:!sOrder 

# invocaticnof"law-oftheMta*ri« AbelA008KI,Cfelk itionForJudicialNoticeofCourtRecords ' Altematively,MotiontowithdrawApplication 

### Applicant,Ersan Yurtman,is an eighth grade educated convic ted felon who has been incarcerated for twenty-two years for a 

### jury's finding of guilt at trial of Four-joint trial defendant's charged with the sexual assault of a child on or about Febuarary 15,1994.The jury acquitted two defendant's and convicted two, E'-R=n Yurtman,^n^ Roqelio Guf^prrez recei"0^ a thirtv ve=" sentr.ii

ence. Aftpr a w^-Mon for New T^al was denioH'on may 31.1994,The Fourth 

### Court ofAppeals affirmed Yurtman's conviction(04-94-00206-CR)

on June 28i"h. 1996- The Trial Court entered an Order for this application on March 13,2015,wherein the court states the district Attorney 

### received a copy of this application on February 26,2015.No re 

### sponse was served on applicant,so a general denial is atuttorily assumed

- TRAVERSE 

### Applicant would move the Court to the pleadings submitted by applicant with leniency and liberally-Applicant has not made the required showing that the claims raised could not have been 

### raised previously.See;TCCP,Art.11.04,§4 (a)(2). Applicant would show the Court that the pending application is based on Newly Discovered Evidence which was not,and could not have been,presented to the Court because the State Attorney 

### of Texas suppressed the evidence of the complainant's hosptal

### ization ofmental diagnosis to falselypotray thecomplainant's credebility- • ^^Invoction of "Law of The Case"Doctrine 

### Applicant,as stated,was tried to a petite jurywith four co-defendants-He and Gutierrez ware convicted and sentenced 

### to prison.On or about April 14,2014,the Court of Criminal Appeals 

### granted Gutierrez relief from his conviction for Cause NO.WR-76- 513-05,because he established a serious Brady violation commi 

### tted by the District Attorney in suppressing the complainant's psycological hospitalization and subsequent diagnosis of "Border 

### line personality disorder"and symptomatic compulsive lying." Applicant now asserts that the Court granted Gutierrez relief from his conviction that occurred with the same testimony,from 

### the same complainant,for the same offense in a joint-trial, 

### specifically for the Brady Violation the applicant is now pres enting before this Court

### Applicant would show that a standard companion case is legally 

### capable of being designated the sameparties;where the State is 

### prosecuting multiple defendants whoareaccused of committing the same offense,at the same time,assisting each other. Motion for Judicial Notice
r:,'. '... of' courtrrecords 

### Applicant now moves theCourt,pursuant toTex,R,of Evidence, Article II,Rule 201(a),(b),(C),((d),(e),(f)-(West 2014)- 

### Judicial Notice of Adjudicated Facts::to take Judicial Notice of the Court's Record in Cause NO.Ex parte Rogelio Gutierrez, WR-76,513-05. 

### As stated,Rogelio Gutierrez is the applicant's co-defendant in trial court cause NO.1993-CR1511E-The Court's record will 

### showthat newly available evidence was introduced in the trial

II.court for Gutierrez's fifth application for writ of Habeas 

### Corpus:which resulted in the reversal of his conviction. As applicant states in his.attached affidavit,he learned of the relief given toGutierrez in July of 2014:through corr 

### espondence received fromGutierrez.At thetime applicant started trying tcveryavenue possible toacquire the record andevidence entered with his application for writ of Habeas Corpus-Applicant has not been successful in obtaining a copy of the record now 

### in the State Law Library-While he continues to make every effort 

### he can to acqire thesedocuments,the out come is not assured. Therefor,he has attempted to present the claims for Brady Vio lations as best he can. 

### Applicant believes he has met and exceeded the preponderance standard for showing is actual innocence in a subsequent writ 

### application,but for BradyViolation no rational jurorcouldhave found the applicant guilty beyond a reasonable doubt

-See;Exparte 

### Knipp,236S.W-3d 214(Tex.Cr.App. 2007). Should the Court deny applicant's motion to take Judicial Notice for the Court's records,applicant will not have met his burden to show a Constitutional Violation that likely caused the conviction of an innocent man.Therefor,he would have to 

### move the court to allow him to withdraw his application until re 

### such time and he can provide the evidence necessary to meet the required standard. 

### Wherefor/Applicant prays that the Honorable Court will hear and determine the merits of the aforegoing and DRANT relief with

IIIJudicial Notice of the Court'sRecord,and Remand the cause to the trial court for factual determination of whether applicant has met the threshold of invoking the "Law Of The Case"doctrine,and 

### thereby has established, by a preponderance of the evidence, his entitlement to an evidentiery hearing on the merits of his claim,with the appointment of counsel. Respectfully Submitted,
Ersan Yurtman#682652 ProSe 899 FM 632 Kenedy,Tx.78119 

### Connally,Unit Dated April 12,2015

IV-Affidavitt. I Ersan Yurtman,being of sound and competant mind do declare this is true and correct to the best of my knowledge. 

### On July,2014,I was contacted by'Rogelioo Gutierrez(co-defendant) that he was back in the county-Apperantly,his case was being represented by the innocence project and they had found evidence that the complainant,Corina Martinez,was in a mental hospital and that she had been diagnosed with sometype of mental disorder.So, I told my mother to go to the Bexar County Clerk's Office and try to obtain any record she could on Rogelio's case but the Clerk said that the record is not available to my mother except certain papers so I told my mother to print those outShe-;:printed out on 10-07-2014 an"event Log Display"from the Bexar County Criminal Justice Information System. On that display my mother printed out the Order Designating Issues,from the 186th Judicial District- Com-*- <~>f Dp»ar County, Texas regarding Cause Number 1993-CR-4909-W1- This Order from Judge Maria Theresa Herr was the document that 

### brought to my attention that the allegations that Rogelio ..:. :crr Gutierrez was making were true and that he was'nt lying on his
letter. Penalty of Perjury I Ersan Yurtman,under the penalty of perjury declare that this document is true and correct,and that I am presently in carcerated at the Connally Unit in the Texas Department of Criminal Justice. 

# Executedonl\fi^Vl '*\2.015. RespectfullySubmitted, / /
Ersai
V. jectruxiy buomittea, i i 

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