HAVE FOUND THE APPLICANT GUILTY BEYOND A REASONABLE DOUBT.
HOWEVER, IN HIS APPLICATION STATED THE FACT THAT THERE wAS NO FORENSIC EVIDENCE NO wEAPON FOUND,NO GUN SHOT RESIDUE,NO DNA, AND THAT THERE wAS ONLY ONE wITNESS AGAINST HIM,BUT (4) NEW wITNESSES AND THE FACT THAT THE DEFENDANT HAD No KNOWLEDGE OF THE MURDER OR wHAT HAPPEN AT'THE APARTMENT ON JANUARY 15,1999, (SEE APPLICATION PAGE 15) NO REASONABLE JUROR COULD HAVE FOUND HIM GUILTY BEYOND A REASONABLE DOUBT,AND FURTHER ON APPLICANT FURTHER STATES THIS ARGUMENT(SEE APPLICATIQN,PAGE 18 LLNES 10- 14) (ALSO SEE_SUPRA PAGE 20 LINES 1-5).
FOURTH,THE coURT cLAIMS THE APPLICANT FA:L TO INCLUDE SUFFICIENT FACTS THAT' CLAIM OF ACTUAL INNOCENCE cOULD N0T HAVE BEEN RAISED IN PREVIOUS HABEAS APPLICATION STATES DRAPER DUHON wAS'cOERSE BY THE STATE AND HAD JUST NOW COME FORTH (SEE APPLICATION PAGE 16 LINES 1-8 OF AGRUMENT).
LASTLY,THE ERRORS RAISED ARE FUNDAMENTAL ERRORS AND IN THE STATE OF TEXAS UNDER LOPEZ v STATE 708 &.S.w. 2d 446,~50,FUNDAMENTAL ERRORS MAY BE RAISED FOR FIRST TIME,TO ANY,STATE COURT,ALTHOUGH THEY ARE UNASSIGNED,THIS IS A STATE PROCEDURAL EXCEPTION RULE,AS SUCH,THE BAR OF FAILURE TO RAISE CLAIMS ON PREVIOUS HABEAS APPLICAT" IONS IS'NOT BASED oN cONSISTANTLY PRACTICES STATE RULE,FOR_FUNDAMENTAL UNASSIGNED ERRORS.TEXAS DOES NOT CONSISTANTLY PRACTICE TO BAR§ING
OF ACTUAL INNOCENCE AND FUNDAMENTAL ERROR CLAIMS IN HABEAS SUBSEQUENT APPLICATIONS AND IS IT,S SELF BARRED FROM BARRING SUCH CLAIMS
UNDER LOPEZ/SUPRA.I OBJECT` TO THE BAR OF EACH CLAIM IN THIS HABEAS APPLICATION AS WELL AS, ALL THE ABOVE MENTION THRUOUT THIS OBJECTION,INCLUDING THE VIOLATION OF DUE PROCESS OF LAW FOR l)FAILING TO 'HOLD EVIDENTIARY HEARING 2)FAILING TO ISSUE ANY NOTICE TO APPLICANT FOR FILING OF HIS OBJECTION TO THE COURT'S
F.C.R.;AND 3)FAILURE TO HEAR FUNDAMENTAL HEARINGS.PLUS AS STATED ALL ABOVE ARGUMENT FOR OBJECTIONS.
(2)
CONCLUSION
APPLICANT REQUEST EVIDENTIARY HEARING BE HELD/AND OBJECTION BE FILED/AS HEREBY ENTERED.APPLICANT,REOUEST THE COURT OF CRIMINAL APPEALS TO HEAR THE CAUSE DE NOVO/AND GRANT RELIEF OF HABEAS CORPUS,AS REQUESTED IN APPLICATION.
é -"AWY'%W¢L- 3_ go/s' .'LENNIS J. DUHON"'**%am<,`#\ 76367
RESPECTFULLY SUBMITTED