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MR. ASHLEY BURLESON

ATTORNEY AND COUNSELOR AT LAW

1001 TEXAS AVENUE • SUITE 1400 • HOUSTON, TEXAS 77002

CELL PHONE (713)201-7399 FAX (888)260-5496 EMAIL ASHLEYCANDO@GMAIL.COM

Abel Acosta

Clerk

Texas Court of Criminal Appeals

P.O. Box 12308 December 24, 2013

Austin, Texas 78711

PvE: Postconviction Application for Writ of Habeas Corpus

Cause No. 1228363-A

Dear Clerk,

Please find enclosed for filing in the above-referenced Cause Applicant's

Motion for Rehearing and attachments thereto for filing among the papers in the

above-referenced Cause.

Your prompt attention given to this matter will be appreciated.

Respectfully Submitted,

Mr. Ashley Burleson, Attorney At Law

^N O5 m Ashley B. Bauson

K Texas State Bar No. 24058633 Atoe\ Acosta, C»e x00 xTexas Avenue5 Suite x400

Houston, Texas 77002

Telephone: (713)201-7399

Facsimile: (888) 260-5496

Email: ashleycando@gmai
Cause No. 1228363-A

Chan Lau §

Applicant

Vs. § In the Court ofCriminal Appeals

ofthe State ofTexas

The State ofTexas §

State

§

MOTION FOR REHEARING

To the Honorable Court ofCriminal Appeals:

Now comes the Applicant, Chan Lau, and moves the court to set aside the judgment ofthe

Court denying Applicant's post-conviction Writ of Habeas Corpus rendered and entered herein

on or about the 26th day ofNovember, 2014, and grant a rehearing ofthis cause, for the

following reasons, to wit: In violation of Article 11.07 (3)(c) ofthe Texas Code ofCriminal

Procedure, the 351st Judicial District Courtfailed to transmit all of the existingrecord in this

Cause to the Court ofCriminal Appeals. The omission included evidence supporting Applicant's

claims. Attorney for Applicant verified with the Court ofCriminal Appeals on December 19,

2014, that this portion ofthe record was absent from those records transmitted to this Court by

the 351st Judicial District Court. Applicant states that the nameof the opposing counsel in this

cause is Andrew J. Smith , and he resides in , Harris County, Texas.

Argument and authorities in support ofthis Motion for Rehearing are attached hereto and

made a part hereof.
Respectfully Submitted,

Mr. Ashley Burleson, Attorney At Law

By:.

Ashley B. Etufleson

Texas State Bar No. 24058633

1001 Texas Avenue, Suite 1400

Houston, Texas 77002

Telephone: (713)201-7399

Facsimile: (888) 260-5496

Email: ashleycando@gmail.com

CERTIFICATE

I, Ashley Burleson., attorney ofrecord for Applicant, .Chan Lau., hereby certify that a true and

correct copy ofthis Motion for Rehearing, together with written arguments and authorities

attached thereto, have been delivered to the following parties, by posting, certified mail, to their

address, this the "2^ f 7^-day of December , 2014. and addressed as follows:

Chris Daniels

Harris County District Clerk

201 Caroline, Suite 420

Houston, Texas 77002

Andrew J. Smith

Assistant District Attorney

Harris County, Texas

1201 Franklin, 6th Floor

Houston, Texas 77002.

Ashley B. B

^l_
Cause No. 1228363-A

Chan Lau,

Applicant,

Vs.

§

§

The State ofTexas,

State.

§

In the Court of criminal Appeals

ofthe State ofTexas

ARGUMENT AND AUTHORITIES

ON MOTION FOR REHEARING

Argument

The Court denied Applicant's Application for Writ of Habeas Corpus without written

opinion on November 26, 2014. This Court denied Applicant's Application for Writ of Habeas

Corpuswithoutbenefit of a complete record transmitted to this Court by the Clerk of the 351st

Judicial District Court. Specifically, the clerk failed to include among the records in this Cause i

Applicant's (Exhbiit B Original Money Order which accompanied Applicant's Memorandum of

Fact and Law in Support of Application for Writ of Habeas Corpus and (Exhibit Blank Money

Order) which accompanied Applicant's Objections to State's Proposed Findings of Fact and

Law, Conclusions of Law and Order.

In his application for Writ ofHabeas Corpus, Applicant raised as one of his claims a claim

of actual innocence grounded on the fact that there does exist an original ofthe money order in

question. The exhibit excluded by the clerk demonstrates the existence ofthe original ofthe

money order in question and therefore supports Applicant's actual innocence. See: Memorandum

ofFactand Law in Support ofApplicationfor WritofHabeas Corpus.
On or about December 19, 2014, in response to an inquiry from Applicant's counsel ofrecord,

Ms. Victoria Jones ofthe Texas Court ofCriminal Appeals sent, via email, copies of all

materials transmitted by the District Clerk to the Court ofCriminal Appeals

Authorities

Article 11.07, § 3(d) ofthe Texas Code ofCriminal Procedure requires that the clerk ofthe

convicting court, in this case the 351st Judicial DistrictCourt, "transmit to the Court of Criminal

Appeals, under one cover, the application, any answers filed, transcripts of all depositions and

hearings, any affidavits, and any other matters such as official records used by the court in

resolving issues offact." "That is, the statute requires the clerk to forward all pertinent material

in the habeas record, including transcriptions of all hearings, all exhibits, and all memoranda of

law." Article 11.07, § 3(d), T.C.C.P., Ex Parte Jackson, 366 S.W.3d 201 (Tex.Crim.App.2012).

Where the clerk ofthe convicting court fails to transmit a complete record to the Court of

Criminal Appeals, Applicant is denied due process and equal protection ofthe law guaranteed to

him by the United States Constitution and the Texas Constitution.

Conclusion and Prayer

WHEREFORE, premises considered, Applicant prays that this Court withdraw its mandate,

allow Applicant to supplement the record with (EXHBIT B ORIGINAL MONEY ORDER),

grant this Motion for Rehearing, and in the interest ofjustice, grant the Application for Writ of

Habeas Corpus (No. 1228363-A), reverse the conviction in Cause No. 1228363, and order

Applicant's immediate release from Respondent's custody.
Respectfully Submitted,

Mr. Ashley Burleson, Attorney At Law

Ashley B. Buneson

Texas State Bar No. 24058633

1001 Texas Avenue, Suite 1400

Houston, Texas 77002

Telephone: (713)201-7399

Facsimile: (888) 260-5496

Email: ashleycando@gmail.com
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