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RE. CAUSE NO. A//a. /ffys*f -U(A\_ 7 - '-="*••* - ^ p i
NOTION TO OBTAIN DOCUMENTS AND TRIAL REckps IN FORMA pmippptc DEAR DISTRICT CLERK; :--K : ,--: • ••." ~K" PLEASE FILE-COPY AND BRING TO THE ATTENTION OF THE ^fim ^/7'fyfULS JUDICIAL DISTRICT COURT. ALSO, ' PLEASE RETURN , CERTl7l^7^F~ SERVICE FILE-DAT.E-STAMPED MARK. YOUR ASSISTANCE IS GREATLY APPRECIATED.
SIMCERELY,
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20ir;. c;c' (C0PY) ' vAte"Adoste,Gi@irk MOTION DENIED • ' DATE: M-(3'l^ BY:_PC, '('•'
CAUSE NO . ItftO' S&lfferb (ifO ••••*..
pX tftfff S^(/Jfcl6TieK J IN THE ApgALs JUDICAL •VS. § DISTRICT COURT OF
THE STATE OF TEXAS § COUNTY, TEXAS
MOTION TO OBTAIN DOCUMENTS AND TRIAL RECORDS IN FORMA PAUPERIS
TO THE HONORABLE JUDGE OF SAID COURT:
NOW COKES ,3^0^ td^lSMS- ' PRO SE DEFENDANT . IN THIS SAID AND NUMBERED CAUSE, RESPECTFULLY REQUESTS THIS COURT TO HEAR THIS MOTION TO OBTAIN DOCUMENTS AND TRIAL RECORDS TO ENABLE
DEFENDANT FOR HIS PREPARATION OF FILING HIS MOTION FOR NEWLY DISCOVERED EVIDENCE, ARTICLE 40.001, PROCESS AND WILL SHOW THIS COURT THE FOLLOWING IN PURSUIT OF HIS DUE PROCESS:
-fr-
JURISDICTION OF THE COURT IS. INVOKED PPURSUA.NT TO VERNON'S
ANNOTED TEXAS GOVERNMENT -CODES; § 552.203 AND § 552.223 RULES OF THE TEXAS GOVERNMENT RULES OF PRACTICE IN DISTRICT AND COUNTY
COURT'S; ARTICLE '§ 40.01 ET- SEQ. ..OF THE TEXAS CODE OF CRIMINAL PROCEDURES; THE PRIVACY ACT U.S.C.A. 552(B) OF THE,. TEXAS OPEN RECORDS ACT (TORA); AND RULES 34.5, 34.6 AND 53(1); (2) OF THE TEXAS RULES OF APPELLATE PROCEDURE AND ALL CASES CITED INFRA.
; II.
PETITONER IS CURRENTLY CONFINED AND RESTRAINED ILLEGALLY
OF. HIS LIBERTY. IN THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE-
INSTITUTIONAL DIVISION PURSUANT ''TO A JUDGEMENT OF CONVICTION IN THE ABOVE NUMBERED CAUSE. PETITIONER IS A PAUPER WITHOUT
ADEQUATE FUNDS TO PURCHASE HIS TRIAL RECORDS, AND OTHER REQUESTED •DOCUMENTS, AND IS ENTITLED TO AN EVIDENTARY HEARING TO DETERMINE
HIS "INDIGENCY" BEFORE THIS HONORABLE COURT. . p , III.
PETITIONER HAS EXHAUSTED HIS STATE REMEDIES AS REQUIRED PUR- .._._SJUAN.T_jrj3_AJCTJ£LE_^ - P-ET-I-T-I-QNE-R-S- TIME HAS -EXPIRED TO FILE A PRE-DISCRETidNARYT REVIEW AND THE COURT ISSUED A MANDATE ON THE CAUSE SOME TIME AFTER. THE PETI TIONER NOW FILES THIS MOTION FOR HIS RECORDS IN ORDER TO PREPARE AND FILE ARTICLE 40.001, NEWLY DISCOVERED EVIDENCE, TO A HIGHER COURT. PETITIONER IS ENTITLED TO FILE MOTION FOR NEWLY DISCOVERED EVIDENCE, PURSUANT TO ARTICLE 40.001 V.A.C.C.P., AND BRINGS THIS MOTION BEFORE THE HONORABLE COURT FOR HIS RECORDS. PETI TIONER HAS STATED AND WILL DECLARE IN THIS MOTION, THAT HE IS "INDIGENT" AND SEEKS THESE RECORDS IN FORMA PAUPERIS THROUGH THIS COURT. THE RECORDS MUST BE AFFORDED AT NO COST TO PETI TIONER IN THIS CAUSE.
SEE. ABNOR V. STATE, 712 S.W. 2d 136, 140 (1986) CRAUDER V. STATE, 933 S.W. 2d 273, 275 (1996). SNOKE V. STATE, 780 S.W. 2d 212 (1989) EVITTS V. LUCEY, 464 U.S.. 387; 105 S.CT. 830; 83L.Ed. 821 (1985) GRIFFIN V. ILLINOIS, 365