TO GRANT SUCH RIGHT, AND WITH THE OTHER HAND... [TAKE] IT AWAY IN AN ARBITRARY FASHION) ... ' THE COURT HAS THE DUTY UNDER VERNONS ANNOTED TEXAS GOVERNMENT CODE'S 552.203 AND 552.223, TO DUTIFULLY ACT UPON AN APPLICATION ... -FOR P-UBLI-C - RECORDS THE - GOUR4L---0F-~G-RI-MI-NA-L~A-PP-E-A-LrS-WA-RR-A'NTED"", "IT IS A DIRECT VIOLATION OF AN INDIGENT DEFENDANT'S RIGHTS AS AFFORDED BY THIS STATE'S LAW OF CONSTITUTION, AND THE UNITED STATES CONSTITUTION, TO [WITHHOLD] THE TRIAL TRANSCRIPTS AND THE STATEMENT OF FACTS, WHEREIN A PRISONER HAS DUTIFULLY SHOWN HIS INDIGENCY TO THE COURTS." SEE. WHITE V. STATE, 828 S.W.2d 15, 17 (TEX.APP. EL PASO 1990)(RELYING ON BRITTON V. NORTH CARO LINA, 404 U.S. 226, 92 S.CT. 430-31, L.Ed.2d 4.00 (1971). IN MCBEE V. STATE, 711 S.W.2d at 257 (TEX.CRIM.APP. 1986), THE COURT OF CRIMINAL APPEALS STATES: "...THE LANGUAGE IS [MAND ATORY, IF THE DEFENDANT IS FOUND TO BE INDIGENT, THE TRIAL COURT IS BOUND TO "FURNISH" SAID RECORDS WITHOUT COST..." (CITING BRITTON), AND THAT... "IT IS A STATE AND FEDERAL PROGENCY, AND IT IS ASSSUMED THAT THE .RECORDS [WILL] BE MADE AVAILABLE TO THE DEFENDANT. . .AND. . .THE STATE BEARS THE [BURDEN] OF [DISPROV ING THE VALUE... OR ANY OTHER ALTERNATIVES ='= = " SEE, UNITED STATES V. LOGING, 601 F.2d 2055 (1979); RUSH V. U.5, 5559 F.2d 455 (1977). • P-ETTTTONER--HAS"• A""VESTED-HIGHT "A'RD~A""'TIB'ERTY-TNTElTES"T~ITrTrHTS~ ~ CAUSE. IT IS A "MINISTERIAL"; ACT AND DUTY OF THE COURT [MUST] RECOGNIZE ITS DUTY TO ACT ACCORDINGLY.
WADE V. MAYS, 689 S.W.2d 893 (1985); BARONOWSKI -V. TEDFORD,. C. A. NO H-90-330, HOUSTON (1994); BRADY V. MARYLAND, 373 U.S. 83 (1963). • _
PETITIONER, IS AN INDIGENT PRISONER OF THE STATE OF TEXAS. HE
WAS FOUND TO BE INDIGENT BY THIS COURT IN CAUSE NO. fcJ/V^-^^ft}) , AND PETITIONER'S INDIGENT STATUS HAS NOT CHANGED. SEE PETI
TIONER'S DECLARATION OF . INABILITY TO PAY COST HERETO ATTACHED
TO MOTION AND TEXAS DEPARTMENT OF CRIMINAL JUSTICE IN-FORMA
PAUPERIS DATA REGARDING PETITIONERS, TRUST FUND ACCOUNT.
THE STATE AND FEDERAL LAWS ARE UNEQUIVOCALLY CLEAR THAT THE
PETITIONER IN THIS CAUSE IS ENTITLED TO TRIAL TRANSCRIPTS AND
REQUESTED RECORDS. THEREFORE, WITH RESPECT TO THE FOREGOING,
AND THE FOLLOWING, PETITIONER WILL RESPECTFULLY SHOW THIS HONOR
ABLE COURT WHICH RECORDS ARE ESSENTIAL IN ORDER FOR HIM TO ADE QUATELY CONSTRUCT A MEANINGFUL. MOTION FOR NEWLY DISCOVERED EVI-
-DE-NeE - I-N-^-tJ-IT - FOR - H-I-S - L-I-B-ERTY - TN - TH1"S - CA--US-E^ - - I '
t d -n LIST OF REQUESTED DOCUMENTS
.UffilCIMENia.
2. GRAND JURY MINUTES
3. DOCKET SHEETS
4. ALL SEARCH WARRANTS IN THIS CAUSE
5.. -TRIAL TRANSCRIPTS
6. STATEMENT OF FACTS
7. CLERKS RECORDS
8. ALL ARREST RECORDS
9. ALL APPLICATIONS FOR SUBPOENAS
10. JURY VOIR DIRE
11. NAMES OF ALL WITNESSES 12. ALL WITNESS STATEMENTS
13. ALL POLICE REPORTS USED AT ANY STAGE OF PROCEEDING HOWEVER TENTATIVE
14. ALL EXCULPATORY EVIDENCE IN THIS CAUSE 15. ALL STATES EXHIBITS USED IN THIS CAUSE 16. ALL DEFENSE EXHIBITS USED IN THIS CAUSE JJ7_. ORDERS APPOTNTTNG COUNSELS AND DATE THSR-SOg ; 18. ANY MEDICAL TESTING OR OPINIONS OF THE- DEFENDANT IN THIS CAUSE
19. ALL MOTIONS FILED BY THE STATE IN THIS