PD-1386-14 STATE OF TEXAS COURT OF CRIMINAL APPEALS
FRDWI^/Vfey,/"S0URT 0F flPPEASL COURT OF ZACHARIAH HARVEY M 28 2015 174th DISTRICT COURT OF V HARRIS COUNTY. TEXAS STATE OF TEXAS CAUSE Abel Acoata, Clerk APPEAL NO: 14-1 3-nn?7ir,F
PETITION FOR DISCRETIONARY REVIEU PD# 1386-14 ' l FIROPi;: DENIAL 1-12-15 COURT OF APPEALS- 14th DISTRICT
TO THE HONORABLE COURT:
COMES NOW. ZACHARIAH HflRVFY. whom IS INCARCERATED PROSE and IS IN DIGENT. I HAVE NO MONEY, MATERIAL WEALTH, OR INCOME FROM ANY SOUP RCE TO PAY FEES COSTS AND OR ATTORNEY. SPFl Iman B19 S.W.2D406 TEX CRIM CODE PF PROCEDURE 145.TEX RULE OFAPPELLATE PROCEDURE 20 11 CITE: HTRRFNS 257 S.W. 3d 634.
THIS CAUSE IS TIMELY ON INEFFECTIVE ASSISTANCE OF COUNSEL/ON APPEAL. FAILS TO CITE LAWS THAT APPLY TO MY CASE. FAILED TO INVE STIGATE OR EVEN CITE OUT OF STATE LAW FROM ARKANSAS. CLAIMING IT WAS FROM CRIMINAL COURT OF APPEALS. ON AND ON.CH£922F2d 52B; SHX- LLQ 913S.W.2d 507 TOBIAS BB4 S.W.2d 571 TO ALLOW PROSE LITIGATION lilIfiriTNS 123 S.Ct 2527 CAN BRING NWE THEORIES IN THE INTEREST OF JUSTICE. RPCHEILE 791 S.W.2d 121 AND TO PROSE REQUIRED ON PDR. PETERSON B49 S.W.2d 370ART. 1.051 FOR HEARINGS. FARETTA 95 S.Ct 2525. I.IATNRTKHt 102 S. Ct 1300.
ON JULY 13. 2010. MY WIFE KICKED IN MY BEADROOM DDRE. AND PHYSICA LLY ASSAULTED ME BY HITTING ME NUMEROUS TIMES ABOUT THE FACE AND UPPER TORSO. I MANANAGE TO GET OUT OF THE BEADROOM TO ESTABLISH DISTANCE BETWEEN MY WIFE AND SELF. I THEN WENT INTO THE KITCHEN TO PUT THE DISHES AND UTENSILS AWAY. I TURNED BACK TO SEE MY WIFE COMMING IN A DOWNWARD MOTION WITH A KNIFE IN HER HAND. I BLOCKED HER ADVANCE. AND STABED HER ONE TIME. SPONTANEOUSLY.I"..WAS. INMFEAR FOR MY LIFE. SEE PC.6.03 ALONZO S§8 S.W.3d 77B JUSTIFICATION. THE STATE DID NOT PROVIDE ITS CASE"INTENT TO KILL BEYOND A REASONABLE DOUBT" COOK BB4 S.W.2d 4B5.
en ERROR #1
THE OPPINION OF THE 14th CR NO. 14-1 3-00774 ON AUGUST 26. 2014 FROM THE TRIAL CASE #1311763 BY CHRISTOPHER DAMSON & McCALLY. WAS GLOBAL CONCLUSSORY. ABUSE OF DISCRETION NOT SUPPORTED BY THE REC ORD NO CITES. THE ISSUES IN NAME & NUMBER POINT TO THE TRIAL THAT WAS NEITHER FAIR AND IMPARTIAL. THEY ALLOWED FABRICATION OF THE
TRUE PROCEEDINGS. NO CITINGS WHAT SO EVER. I COULDNT TURN THIS IN IF I WERE AN ATTORNEY. ABUSE OF DISCRETION FOR THE HONORABLE COURT OF APPEALS. TO USE THE STATE VERSON OF PROCEEDINGS. SEE
BACK GROUND SUFFICIENCY OF THE EVIDENCE WILL NOT SUSTAIN THE CON VICTION. IN A SELF DEFENSE CASE WHERE THE ALLEDGE VICTIUM PAST IS THE BASIS OF THE AFFIRMATIVE DEFENSE OF SELD DEFENSE. THE JURY MUST BE PRESENT DURING THE TESTIMONY OF ALL THE WITNESSES CALLED TO VERIFY THE VIOLENT PAST THAT CREATED IN THE MIND OFlFTfflEEDEFEN- DANT THAT HE WAS IN IMINENT DANGER OR DEATH. AND THAT HIS REACT ION WAS JUSTIFIED. THIS DID NOT OCCURE. AZARIA HARVEY "DAUGHTER" TESTIFIED BEFORE THE JURY AND IT WAS LIMITED BY