-) _—

applicant being Pro-se and layman ef the law, there are some filings
that can be filed unknown to the applicant which could assist him in
these proceedings or harm him . Upon being appointed counsel, the
applicant request that the appointed counsel do not file anything
until the epplicant and the appointed counsel have discussed all
atea’s of the proceedings, asking this Honorable Court to order the
appointed counsel to show proof that the applicant and appointed
cpunsei have done as such.

Lastly, the applicant request anLive Evidentiary Hearing based on
the credibility of all those hko have responded to the habeas corpus
‘proceedings as well as the DNA Pesting Motion Investigation that is
currently active in this case.aktworney Cary M.Faden was very aware of
what the DNA test results were because he was the one who cross
examined the crime lab ckiminalist Monica Thompson. The bottom line
is that if the applicant would not have filed a Motion For Forensic
DNA Testing, attorney Cary M.Faden’s perjury would not have possibly
ever came to Light. So the question is what other lies have been told

and how long have these faise and slandering statements been stated.

Out cf all these proseedings, the applicant oniy request for a New

Punishment dearing. Howeser, fastualiy, legally. procedurally there
are some unresolved issues that needs to be addressed and fairly
adjudicated.

PRAYER

WHEREFORE PRENISES GONSIDERED, applicant, Jason Tyrone Pegues #728196,

respectfully prays that this flonorable Court grant this Motion

requesting the court to hold C3 and HC4 for 30 Days so applicant can

|
Supplement and Amend the applécations, as well as appoint the

applicant ta counsei for the habeas proceedings and DNA Testing

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x
05) without written order. Applicant then filed a post-conviction
&-

Motion For Forensic DNA Testing, and upon the State Investigating the

DNA Testing Motion, on June 30,2015, the State filed a Supplémental
Amended Answer and Supplemental Amended Findings of Fact & Conctuston:
‘of Law, Reconsidering the applicant's applications 94-DCR-026185 HC3
and 94-DCR-026185 HC4 due to the perjury end error made by attorney.
Cary M.Faden in his first affidavit which was attached and referenced
in the State's responses to applicant's third and fourth writs, and
for the Respondent contacting Judge David Newell regarding his

thotghts on the applicant's third application.

Due to the reconsideration of the applicant's third and fourth.
writ for habeas corpus based on the State's perjury and error, the
appiicant is requesting that this Honorable Court hold the applicant's
applications HC3 and HC4 for 30 days from the date of filing this
Motion so that applicant can Supplementaand Amend the applications

which were reconsidered. See Ex Parte YOND, 412 S$.H.3d 94 n.13 (Tex.

Best practices include filing all materials with the
Trial Court before the Trial Judge has signed his
Findings of Fact and made his Recommendation
to this Court. But an Applicant is not foreclosed from
amending or supplementing his materials even after
Application is forwarded to this Court,as long as those
materials are filed in the Trial Court.

The applicant also request that the applicant be appointed to
counsel based on the facts, the record, surfacing the many unresclved

issues in the current proceedings of this case 26135. With the

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proceeding. Baged on the perjury and error by the State, questions the
erdibility of those representing the State who have spoken and responded in
proceedings pertaining to this case 26185.%The applicant prays that this
Honorable Court agrees that a Live Evidentiary Hearing is reasonable and
entitled to the applicant. Over-a1l the applicant prays that this Honorable
Court have mercy and grant this Motion that has been presentet respectfully

to this Honorable Court.
EXECUTED ON THIS 15th day of JULY,2015.

Respectfully Submitted,

APE (2

Sow TT ES #728196
HUNTSVILLE UNIT
815th 12th STREET

HUNTSVILLE, TEXAS 77348

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I,Jason Tyrone Pegues #728196, The applicant, being presentiy confined

in Walker County, Toxas do hereby affirm that i have delivered the original
of this Motion Requesting The Court To Hold HOS end BOC4 For 36 Days so

Apphicant Can Supplement and Amend The Applications to the prison mailroom

officials for delivery to the following via U.S.Poestsi Service;

THE DISTRICT CLERK, ANNIE REBECCA ELLIOTT
OF FORT BEND COUNTY
240th JUDICIAL DISTRICT COURT
HONORABLE JUDGE THOMAS R.CULVER, ITI
301 JACKSON STREET
RICHMOND, TEXAS 77469

‘A copy of this Motion has been forwarded tor

THE COURT OF CRIMINAL APPEALS
P.d0. Box 12308
Capitol Station

Austin, Texas 78711

‘gale:



4H ] YZOS OU,

MR. JASON T. PEGUES #728196
HUNTSVILLE UNIT
815 12th STREET
HUNTSVILLE, TEXAS 77348

JULY 15,2015

TO: THE COURT OF CRIMINAL APPEALS
CLERK OF THE COURT: ABEL ACOSTA
P.O. BOX 12308
CAPITOL STATION
AUSTIN, TEXAS 78711

Re: Ex parte JASON TYRONE PEGUES v. THE STATE OF TEXAS
IN REFERENCE TO CAUSE No.94-DCR-026185 HC3 and 94-DCR-026185 HC4
CWR-74,762-03...-WR-74,762-04....WR-74,762-05].

DEAR CLERK OF THE COURT:

ENCLOSED IS A COPY OF A MOTION THAT WAS FILED IN THE TRIAL COURT IN
REFERENCE TO THE ABOVE MENTIONED CAUSE NUMBERS AND WRITS. IF YOU WILL
PLEASE FILE THIS IN THE COURT SO THAT IT MAY BE TAKEN INTO. _——-
CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT.
THANK YOU FOR YOUR TIME AND ASSISTANCE.

SPECTFUL SUBMITTED,
<7 Eile
se ONE” PEGUES #728196

APPLICANT:

ce/ tite: RECEIVED IN

COURT OF CRIMINAL APPEALS
JUL 17 2015

Abel Acosta, Clerk

lof 1



1, JASON TYRONE PEGUES #728196, Presently incarcerated in Walker County,

Texas hereby declare under the penalty of perjury that the above
mentioned in my Motion Requesting The Court To Held #C3 and HC4 For

30 Days so Applicant Can Supplementaand Amend TBe Applications is true

and correct.

day of SULY,2015.

Respectful

Bybmitted,

2917 a.

ES #728196

ASOK I. PEG
Applicant:
HUNTSVILLE UNIT
815 12th STREET
HUNTSVILLE, THRAS 77348

ee/file:

=5-


No.94-DCR-026185 HC3 and 94-DCR-026185 HC4

WR-74,762-03....WR-74,762-04....WR-74,762-05

NOTICE TO THIS HONORABLE COURT

Ex PARTE

Jason T. Pegues

7 C09 CO? LOD C07 CO? LO? LO? Lo?

THE FOLLOWING IS TO INFORM THIS HONORABLE COURT THAT A MOTION HAS
BEEN FILED IN THE TRIAL COURT, AND THAT THE APPLICANT HAS SENT A COPY

TO THIS HONORABLE COURT. IN SUPPORT OF SUCH MOTION. SEE:

Ex_parte POND,418 S.W.3d_ 94 n.13 (TEX.CRIM.APP.2013):

Best practices include filing all materials with the
Trial Court before the Trial Judge has signed his
Findings of Fact and made his Recommendation
to this court. But an Applicant is not foreclosed from
amending or supplementing his materials even after
application is forwarded to this court, as long as those

materials are filed in the Trial Court.

ES #728196

CC/FILE: APPLICANT:



No.94-DCR-026185 HC3 and 94-DCR-026185° HC4 oy

§
§ IN THE 240th DISTRICT COURT |
8
Ex Parte
Jason TYRONE PEGUES ;
OF

§
§
§ FORT BEND COUNTY, TEXAS

Applicant's Motion Requesting The Court To
Hold HC3 and HC4 For 30 Days so Applicant Can
Supplement and Amend The Applications

Comes now, Jason Tyrone Pegues #728196, Applicant, Pro-se, in the

above styled and numbered cause of action respectfully file this
Motion Requesting The Court To Hold 94-DCR-026185 HC3 and HC4 so the
Applicant CannSupplement Amend the Applications due ta the
reconsideration of 94-DCR-026185 HC3 and 94-DCOR-026185 HC4 by this
court based on the perjury made by attorney Cary M.Faden in his first
affidavit, that was attached to and referenced in the State's earlier
responége te both third and fourth writs of habeas corpus. The

applicant would also like to show this Henoradle Court the following:
PROCEDURAL HISTORY

Applicant filed his initial epplication 11.07 (HC3) around

February 10,2014 and on August 27,2014, the Sourt of €riminal Appeals
filed a subsequent application 11.07 CHC4) CWR-74,762-04] and on

March 4,2015 the Court OF Criminal Appeals Dismissed the application

without written order, in which this court reconsidered (HC4) and on

' June_16,2015, the Gourt of Criminal Appeals Dismissed HC4S (WR-74,762-

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