LITIGATION UPDATE

The 10th Court of Appeals continues to indicate that the original opinion rendered in my case is lost or destroyed.

On October 7, 2019, I personally went to Waco, Texas to obtain a copy of the original opinion rendered in my case and to which I appealed to the Texas Court of Criminal Appeals.  As you may recall, in 2015 and 2016, the court reported to me that the opinion had been lost or destroyed. They were unable to locate it and could not sell or give me a copy of the opinion rendered in my case. I spoke to the clerk of the court myself personally. She reported that they do not have the opinion. I filed a Writ of Mandamus with the Texas Court of Criminal Appeals this year requesting that they post the opinion rendered in my case and sell me a copy of that opinion. The Texas Court of Criminal Appeals denied my Writ without giving a reason. My opinion is not under seal and has not been posted since 2012.  They have an opinion posted of a Helen Mayfield but it is not the opinion rendered in my case. I was the trial and the appellate lawyer in my case. The case they have posted was not one that I filed in my behalf, participated in the trial or appealed from to the Texas Court of Criminal Appeals. In fact, the crime listed in the opinion they have posted is not one that I have ever seen a probable cause, complaint, indictment, answered the indictment in open court, been tried and convicted in any court by a jury.  I have never waived a jury trial. I did not particaipate in the trial posted nor did I file an appeal anywhere of this case. I believe these kind of secret trials are unconstitutional and should be stopped. They violate the Equal Protection and Due Process Clause of the 14th Amendment of the United States Constitution. The Texas Court of Criminal Appeals cannot justify their conduct in denying my Writ of Mandamus because it is indefensible. The opinion rendered in my case has never been archived. My pleadings filed at the Texas Court of Appeals were destroyed and new pleadindings were filed in my name by someone. This means active participation in the corruption by the Texas Court of Criminal Appeals. There is no record or  trial transcript of my case. There has never been a record complete enough for me to file an appeal on all of the issues that I raised and that could be raised. The date rendered on the appeal is the same as the original opinion rendered in my original opinion. The problem is when was I indicted for this new charge. Who and by whom was I ever served with the indictment? My conviction was in 2008.  I heard of this crime and saw an opinion with this crime for the first time in 2012. I have never been sent a copy of this opinion by the 10th Court of Appeals that they have posted on their website. I did not file a Petition for Discretionary Review to the Texas Court of Criminal Appeals from this opinion.  I had never seen or heard of this The 10th Court of Appeals denied my motion to have the record returned to the trial court to correct the discrepancies citing that the fact there were discrepancies was moot. They then modified the record themselves. I was not involved in the correction of the record by the court. I represented myself.

When I filed a complaint against the court reporters who refused to sell me a copy of my trial transcript. In sworn affidavit stated they did not record the pre and post trial hearings and the first two pages of the trial were not recorded. The exhibits were not included as promised. When I used a friend to purchase of the record, the court reporter Bailey sent us a bogus transcript with a new crime that was different from the crime in my case. The district clerk Marc Hamlin refused me access to the record and stated that he had taken the record of my case to the Court or Criminal Appeals. He did not state when he took my records to the court. There is an order in George Boyette’s old court which directs his court to send all records to his office. My records cannot be found on the Justice web. I have been there in person and my indictments have been destroyed or altered. I have not been able to obtaina a copy of them since 2010.  I check this regularly. No records from my original trial exist anywhere in any court in the state of Texas.

Now the 10th Court of Appeals appears to have destroyed all the records from my case. I purchased two trial transcripts from the court. They did not represent the records from my case. Strange stuff continues. If my case is an example of how things function in Texas. How can we continue to support executions in Texas with this much corruption?