# Brown, Kenneth Ray > Court of Appeals of Texas · March 6, 2015 URL: https://www.frixlaw.com/law-library/cases/4041782 ## Case - **Court:** Court of Appeals of Texas - **Decided:** March 6, 2015 - **Precedential status:** Published - **Opinion:** Opinion - **Cited by:** 0 later opinions in the Frix Law Library ## Citator (automated) - No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases. - Full citator and citing cases: https://www.frixlaw.com/law-library/cases/4041782 ## Opinion text '%93` 33£‘//" ¢MARCH 2, 2015 KENNETH _RAY BRowN #334618 JAMES v. ALLRED UNIT 2101 FM 369 N IowA PARK, TX 76367 cLERK oFFicE coURT 0F cRIMINAL APPEALS M©TU©N DEN"E£D P.o. Box 12308, cAPIToL sTATIoN ,[D)ATE: §Q ’Q' 48 AUSTIN, TEXAS 78711.Y: ?_C_ Re: EX PARTE KENNEIH RAY BRowN Irial Court Number:348455-F Writ Number: CLERK, lt has been close to a month since the above styled and trial court numbered has‘been sent _to this court of criminal appeals for filing of the 11.07,writ of habeas corpus application. rlherefore, enclosed with this letter is a MOT_ION for 4 the CLERK to file the writ and thereby issuing a writ number and presenting the writ to the court for consideration. . k PLEASE INFORM ME AS TO IHE WRIT BEING FILED_AND PRESENTED TO THE OOURT. IF THE WRIT HAS NOT BEEN SENT .TO THIS COURT,` PLEASE I_NFORM ME OF SUCH. l YOU, - KENNEJ_"H RAY BRowN )gl@io ‘@;§00§ u;@qv §LUZ 90 WN mv§ddwmmwo so mnoo CCFILED: n n ' n NE @§Ag§®§@ - 35,33@~1/ lN THE COURT OF CRIMINAL APPEALS __ § ` EX P WRIT NUMBER: § , K]ENNEIH RAY BROWN, § TRIAL COUNT NUMBER: 348455-F Movant. MoTIoN' FoR clERK 10 FILE AND.PRESENI11.07- HABEAS coRPus 10 THE coURT F0R coNSIDERAIION-PURSUANT 10 THE voID JUDGMENT ExcEPTIoN 10 THE GENERAL RULE This motion is to move and urge the Clerk of the Court of Criminal Appeals to file the above styled and trial court numbered in the Court. Thereby issuing a writ number, and presenting the 11.07 habeas corpus application to the Court for con-' sideration as a collateral writ pursuant to the VOID JUDGMENT EXCEPTION TO THE , GENERAL RULE. Movant would show the following for this motion request. I. According to the facts for this motion. On February 2, 2015 the Judge Presiding, 248th District Court Harris County, Texas ordered the Clerk to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by TEX.CRIM.PROC. code ANN. art. 11.07 (west 2013). See attached EXHIBIT Of the court Records. II. According to 11.071 Section 5 (3)(c) on receipt of the copies of documents from the Clerk, as to the stated documents in the exhibit on page 2. The court of criminal appeals shall determine whether the requirements of Subsection (a) has been satisfied. ' Also-See 11.07 § 4 (a) (WéSt 2013).~ However, from February 2, 2015, or around Feb, 6, 2015, date exhibit was sent to Brown, and court of criminal appeals. As of this r1 date March 2, 2015. Brown/Movant has not received any information as to his instant 11.07 writ received by the Clerk; filed and given a writ number, or whether the writ has been presented to the court for consideration. llll Therefore, this motion moves and urges the Court and Clerk to comply with the provisions of 11.071 § 5 (3)(c). However, as to the consideration thereof the provisions 11.071 § 5 (3)(c) and 11.07 § 4(a) that has been recommended by the v District Court to dismiss the instant 11.07 writ of.habeas corpus application. This` motion moves and urges this Court by law to extend its duty/responsibility for the sake of justice as to determining whether the instant 11.07 application submitted Pro Se by Brown/Movant meets the requirements of the VOID JUDGMENT EXCEPTION TO THE GENERAL RULE.purSuan; to the UNITED-siAIES CoNsTITUTIoN-sIXTH'AMENDMENT righc'to counsel and the UNITED STATES SUPREME'S precedent of GIDEON V. WAINWRIGHT,372 U.S. 335, 83 s.ct. 792, 9 L.Ed.zd 799(1963) and UNITED sTATEs v. cRoNIc,466 u.s. 684, 653, 104 S.Ct. 2039, 2043 80 L.Ed.2d 657(1984) thereof the UNEQUlVOCAL RULE of State and ` Federal law that requires State Court to appoint Counsel for the indigent defendant/- appellant at all critical stages of the criminal proceedings. Therefore, in order for the Court to determine as complying with 11.071 § 5(3)(@) AND THE ABOVE STAIED RULE concerning the Sixth Amendment. The Clerk must filed and present Brown's 11.07 ~ habeas corpus to the Court. This motion is to bring the Court's attention to this urgent matter in order to provide Brown's instant 11.07 writ the opportunity to be presented for consideration pursuant to the VOID JUDGMENT EXCEPTION 10 THE GENERAL RULE. Respe¢tfuily Submicted, Kn§;;;s RAY_BRO§§-i-PRO ss JAMES V. ALLRED UNIT‘ CCFILED: 1 v 2101 FM 369 N ` ’ IOWA PARK, TX 76367 arran' Chris Daniel District Clerk JAN 2 9 2015 No. 348455-F mm Harr|s CounW By " ' m Deputy EX PARTE § IN THE 248TH DISTRICT CoURT § oF KENNETH RAY BRoWN, Appiicant _ § HARRIS CouNTY, TEXAs STATE’S PROPOSED FINDINGS OF FACT, CONCLUSIONS OF LAW. AND ORDER ` The Court has considered the application for writ of habeas corpus, the State’s answer and official court records in the above-captioned cause. The Court finds that there are no controverted,' previously unresolved facts material to the legality of the applicant's confinement which require an evidentiary hearing and recommends that the instant writ, cause number 348455-F, be dismissed because the applicant has failed to include sufficient specific facts establishing that the current claims could not have been presented previously because the factual or legal basis for the claim was unavailable; or that, by a preponderance of the evidence, but for a violation of the United States Constitution, no rational juror could have found the applicant guilty beyond a reasonable doubt. TEX. CRIM. PROC. CODE ANN. art.v 11.07 § 4(a) (We512013). 106 gm mr THE CLERK IS ORDERED to prepare a transcript and transmit same to the Court of Criminal Appeals as provided by TEX. CRlM. PROC. CODE ANN. art. 11.07 (West 2013). The transcript shall include certified copies of the following documents: 1. The application for writ of habeas corpus; 2. The State's answer; 3. The Court's order; 4. The indictment, judgment and sentence, and docket sheets in cause number 348455; ' 5. The Court’s F indings of Fact and Conclusions of Law; and 6. The State’s and Applic_ant's Proposed Findings of Fact and Conclusions of Law (if any). THE CLERK is further ORDERED to send a copy of this order to the applicant, Kenneth Ray Brown, # 334618 - James V. Allred Unit, 2101 FM 369 North, lowa Park, Texas 76367; and to counsel for the State, Linda Garcia, 1201 Franklin, Suite 600, Houston, Te)ras 77002. t y By the following signature, the Court adopts The State’s Proposed Findings of Fact, Conclusions of Law and Order in cause no. 348455-F. f \/' \~s'lGNEDthis - day Of `_‘_f.`.EB--l)§._.?.,?n_z; ,2015. JuDGE PRESID§\PQ’ __ ?'ZHS'THLEiSrRIE;-‘ CoURr s =coUNTY, TEX/is-’ H`HLEE)B Chris Daniel UEstrict C|erk JAN 29 2015 NO. 348455-F Time: Harr|s Coun , T By W Deputy EX PARTE ' § IN THE 248TH DISTRICT CoURT § OF KENNETH RAY BROWN, y Applicant § HARRIS COUNTY, TE)US CERTIFICATE OF SERVICE The undersigned counsel certifies that I have served a copy of the State's Proposed Fz`ndings of Fact, Conclusions of Law, and Order in cause number 348455-F to the applicant on January 29, 2015, by mail as follows: Kenneth Ray Brown #334618 - J ames V. Allred Unit 2101 FM 369 North lowa Park, Texas 763 67 Linda Garcia Assistant District Attorney _ Harris County,'Texas 1201 Franklin, Suite 600 ‘ Houston, Texas 77002 (713) 755-6657 v n . . .4 4(7:_13) 7_55j5240 _ `» rt ._ ‘ .,::"-j'* viean Bar_I.D. #00787163 Prepared by: fJoshua Redelman - Intern z ar sTATE oF T' :\O_ ........ -..,ff?AP/@ COUNTYQF S t '-._;A 01 ;hChr|a Danle|, ill . ' trip edmund la la a true aildco ~r d~snd ln my office a§%;! :: t:¢ili)aamor€th!agiig,mm' c h "" ' l . »-" --- Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/4041782. Public record. Not legal advice.