applicant being Pro-se and Layman of the law, there are some filings
that can be filed unknown to the applicant which could assist bin 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 hho have responded to the habeas corpus

‘proceedings as well] ag the DRA Pesting Motion Investigation that is
currently active in this case.aatworney 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 vot have filed a Motion For Forensic
DNA Testing, attorney Cary M.Faden's perjury would not have possibly
ever came to Light. $o the question is what other lies have been told
and how long have these false and slandering statements teen stated.
Out cf all these proseedings, the applicant oniy request for a New
Punishment Wearing. Howwser, factualiy, legally, ana procedurally there
are some unresolved issues that, needs to be addressed and fairly
adjudicated.

PRAYER

WHEREFORE PREMISES CONSIDERED, applicant, Jason Tyrone Pegues #728196,
respectfully prays that this flonorable Court grant this Motion
requesting the court to hold HC3 and HC4 for 30 Days so applicant can
Supplement and Amend the applécations, as well as appoint the

applicant; ta counsei for the nabeas proceedings and DNA Testing

-3-


05), without written order. Applicant then filed 2 post-conviction
Motion For Forensic DNA Teating, 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 & Conclusion:
‘of Law, Reconsidering the applicant's applications 94-DCR-026185 HC3
and 94-DCR-026185 HC4 due to the perjury and error made by attorney |
Cary M.Feden 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 Neweil regarding his

thoughts on the applicant's third application.

PURPOSE OF HOTION

Due to the reconsideration of the applicant's third and fourth
writ for habeas corpus based on the State's perjury and error, the
applicant 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 POND, 418 $.4.34 94 0.13 (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.

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

issues in the current proceedings of this case 26185. With the

~2-



proceeding. Based 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.TThe applicant prays that this
Honorable Court agrees that a Live Evidentiary Hearing is reasonable and
entitled to the applicant. Over-a11 the applicant prays that this Honorable
Court have mercy and grant this Motion that has been presented respectfully

to this Honorable Court.

EXECUTED ON THIS 15th day of J)

¥,2015.

Respectfully Submitted,

ATLA (2.
EQGES #728196
HUNTSVILLE UNIT

Bl5th Lath STREET
HONTSVILLE, TEXAS 77348

CERTIFICATE OF SERVICE

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

in Walker County, fexas do hereby affirm that i have delivered the original

of this Notion Requesting The Court To Hold HC3 snd GCS For 30 Days se

Apphicant Can Supplement and Amend The Applications to the prison mailroom

officials for delivery to the following via U.S.Peatal 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 77459

A copy of this Motion has been ferwarded tor
THE COURT OF CRIMINAL APPEALS
P.0. Box 12308

Capitol Station
Austin, Texas 78711

‘filer
~-4-



FY 102-03 04,05

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 an
CONSIDERATION UPON HEARING AND RULING, I WOULD REALLY APPRECIATE IT.
THANK YOU FOR YOUR TIME AND ASSISTANCE.

SPECTFULLY SUBMITTED,
MLA A
Katt ONE” PEGUES #728196

APPLICANT:

ce/file: RECEIVED IN

COURT OF CRIMINAL APPEALS
JUL 17 2015

Abel Acosta, Clerk

lof 1



ce/file:

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

Texas hersby declare under the penalty of perjury that the above

mentioned in my Motion Requesting The Court To Hold HC3 and HC4 For

30 Days so Applicant Can Supplementaand Awend THe Applications is true

and correct.

Signed on th

day of JULY,2015.

Respectful Submitted,

le

GWES #728196

AS
Applicant:

HUNTSVILLE UNIT

815 12th STREET
HUNTSVILLE, TEXAS 77348

-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

CO? CO? 607 C09 LO? LOD COD LOD COP

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.

APPLICANT:

CC/ FILE:



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

§
§ IN THE 240th DISTRICT COURT . 7%;
8

Ex Parte

, Jason TYRONE PEGUES i OF

§
§

. § FORT BEND COUNTY, TEXAS

Applicant's Motion Requesting The Court To
Hold bC3 and HC4 For 30 Days so Applicant Can

ee 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 to the
reconsideration of 94~DCR-026185 HC3 and 94-DCR-026185 HC4 by this
court based on the perjury made by attorney Cary M.Faden in his first
affidavit that was attached to and refereuced in the State's earlier
responge to both third and fourth writs of habeas corpus. The

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

Applicant filed his initial application 11.07 (HC3) around

Eebruary 10,2014 and on August 27 4, the Gourt of @riminal appeals

filed a subsequent application 11.07 CHC4)[WR-74,762-04] and on
March 4,2015 the Court OF Criminal Appeals Dismi&sed the application

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

' June 16,2015, the Gourt of Criminal Appeals Dismissed HC4 (WR-74,762-

-1-