Opinion

Curlee, Darrell

Court
Court of Appeals of Texas
Filed
Nov 16, 2015
Status
Published
Cited by
0 cases
Authority
More cited than 3.1%

The opinion

JANE HALL

JANET McCONATHY COURT COORDINATOR

COURT REPORTER jhall@co.hill.tx.us

jmcconathy@co.hill.tx.us

IDA ALCALA

ASST. COURT COORDINATOR

ialcala@co.hill.tx.us

October 7, ~015

RECEiVED IN

Sharon Keller, Chief Justice COURT OF CRIMINAL APPEALS

Court of Criminal Appeals

P. 0. Box 12308 NOV 16 2015

Austin, TX 78711-2308

Re: No. WR. 83,797-01

In re: Darrell Curlee

Dear Judge Keller:

I am new to the process of responding personally to an Application for Writ of

Mandamus. One ofthe briefing attorneys that I spoke with at the Court of Criminal Appeals said

that I could do so in letter form.

I am a little confused over the filing of the Writ with your Court as the applicant entered

into a plea agreement and was sentenced on July 31, 2015. I am attaching certified copies of

each filing from Mr. Curlee's trial court file collectively as Exhibit A. I have also included a

letter that I received from Mr. Curlee complaining about his trial counsel just before I appointed

Mr. Lyle Gripp as additional and lead counsel. That letter is attached as Exhibit B. I have

included a copy of the Order Appointing Mr. Gripp as Exhibit C. As you can see, the

appointment does not remove Mr. Russell, it merely adds additional counsel.

I

This was done for two reasons. First,.Mr. Curlee complained. Second, at about the same

time as the appointment of Mr. Gripp, I learned of a troubling series of events that led me to

question Mr. Russell's fitness to practice law.

When I served as the Judge of the County Court at Law of Hill County, I was, from time

to time, assigned to sit as the Judge of the 66th District Court. One of those assignments was in

Cause No. 37228, State of Texas v. James Ryder. Terence Russell had been appointed to

represent Mr. Ryder by the Honorable F. B. McGregor, Jr., prior to my assignment to the case. I

set the case for a jury trial on August 27, 20 14; however, I fell ill and the Honorable Alan

Mayfield, Retired Judge ofthe 74th District Court of McLennan County, was assigned to preside

over the jury trial.

Mr. Ryder faced three felony counts. The first count had a range of punishment from 25

years to life, the second count was from two years to 20 years, and the third count was from two

years to 10 years. Ultimately, the juryfound Mr. Ryder guilty and sentenced Mr. Ryder to 99

years, 20 years, and 10 years, respectively. Although Mr. Ryder had been deemed indigent and

had counsel appointed to him, no Ake v. Oklahoma or similar motions were filed with the court

seeking funds for expert witnesses, investigators, or any other assistance.

Mr. Ryder has now hired the Honorable Kristin R. Brown of Dallas to represent him on

appeal. Ms. Brown filed a Motion for New Trial wherein she alleges that Mr. Russell required

Mr. Ryder to provide $1 ,500 so that an expert could be hired. That expert, Dr. Trent Terrell,

required a fee of only $1,000 for his testimony. Unfortunately, because of an alleged

miscommunication, Dr. Terrell never appeared at the trial. Dr. Terrell did return an uncashed

$1,000 check written from Mr. Russell's personal checking account. A $1,000 check was

subsequently written to Mr. Ryder or his fiance as a refund. That check was not written on an

IOLTA trust account but instead seems to come from Mr. Russell's and his wife's personal bank

account. To this day, Mr. Russell has failed to account for or return the other $500 that he

required the indigent defendant to tender to him.

I have attached as Exhibit D a copy of the Motion for New Trial, together with the

Affidavits of Dr. Terrell and Larenda Nichole Watkins (the fiance of Mr. Ryder who paid Mr.

Russell the $1 ,500), along with a copy of the check that refunded the money to Mr. Ryder, and

the receipt from Mr. Ryder when the money was deposited with Mr. Russell.

I have attached as Exhibit E the transcript of the hearing on the Motion to Rescind and

Second Motion for New Trial filed by Mr. Ryder wherein Mr. Russell testified that he did not

maintain a trust account, and that he used his personal account for his client trust account. Also

attached is the attorney fee voucher and proof of payment by Hill County to Mr. Russell for

representing Mr. Ryder.

Further, there is presently a case before your court styled In re Thomas Eric Lee, WR.

81,722-01. Mr. Russell represented Mr. Lee at the trial court and Mr. Lee has now alleged that

Mr. Russell coerced him into pleading no contest. Mr. Lee alleged that Mr. Russell told him

"that he was going to be elected district judge and Mr. Lee better hurry and plead to the charges

because counsel would throw the book at him once counsel took the bench."

Attached as Exhibit F is a copy of the transcript from the hearing conducted as a part of

the Order issued by the Court of Criminal Appeals. Mr. Russell testifies, but never

unequivocally denies telling Mr. Lee what he was alleged to have said.

I believe Mr. Lee's assertion to be true because in a previous case, another defendant,

Curtis Fields, made an allegation that "Russell emphasizes that he is utilizing political strategies

to win votes for the up-coming judge's position." Attached as Exhibit a'is a copy of Mr. Fields'

complaint. The above referenced allegation is made at the top of page 4.

Because my understanding is that I have a fiduciary duty to appoint competent counsel

for indigent defendants, and because of my growing concerns regarding Mr. Russell, I appointed

additional counsel to an indigent defendant. I have also complied with my duty to report \

misconduct to the State Bar of Texas as a result of the trust account issues referenced above.

Cc: Terence Russell (w/o attachments)

Mark Pratt (w/o attachments)

Lyle Gripp (w/o attachments)

EXHIBIT A . ·

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INDICTMENT

CAUSENO. 3Jt±58

THE STATE OF TEXAS VS. DARREL ALLEN CURLEE

CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON

AGGRAVATED ASSAULT THREAT-WITH A DEADLY WEAPON

-..

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

THE GRAND JURY, for the County of Hill, ·State of Texas, duly selected,

empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,

2012 of the 66th Judicial District Court for said County, upon their oaths present in and to

said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant, on or

about the 15TH DAY OF JUNE 2012 and before the presentment ofthis indictment, in the

County of HiJI and State aforesaid, did then and there unlawfully, intentionally or knowingly

or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,

and the defendant did use or exhibit a deadly weapon during the commission of the assault,

to-wit: a knife, that in the manner of its use-or intended use was capable of causing death or

serious bodily injury.

And it is further presented that prior to the commission of the primary offense by the said

Darrel Allen Curlee, to-wit: on the 25th day of February 1983, in the District Court of San

Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said

Darrel Allen Curlee, under the name of Darrerll Allen Curlee, was duly and legally convicted

in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then

legally pending in said last named Court and of which said Court had jurisdiction; and said

conviction was a final conviction and was a conviction for an offense committed by him, the

said Darrel Allen Curlee, prior to the commission of the primary offense.

A CERTIFIED COPY I

ATIEST g_ -,~

ANGELIAORR

.201£._

DISTRICT CLERK

HILL COUNTY. T

·~·

And it is further presented that before the commission of the primary offense and after the

conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed

the felony of Burglary and was convicted on the 91h day of May I 989 in the Seventh Judicial

District Court of San Juan County, Utah, in Cause No. 767.

And it is further presented that on or about the tsm DAY OF JUNE 2012 in the County of

Hill and State of Texas, the defendant, DARREL ALLEN CURLEE , did then and there

intentionally or knowingly threaten Jerry Wayne Vessells with imminent bodily injury by

attempting to cut and/or stab him with a knife and the defendant did use or exhibit a deadly

weapon during the commission of the assault, to-wit: a knife, that in the manner of its use or

intended use was capable of causing death or serious bodily injury.

And it is further presented that prior to the commission of the primary offense by the said

Darrel Allen Curlee, to-wit: on the 25th day of February I 983, in the District Court of San

Miguel County, New Mexico in Cause No. 81-73-CR on the docket of said Court, the said

Darrel Allen Curlee, under the name of Darrell Allen Curlee, was duly and legally convicted

in said last named Court of a felony, to-wit: Second Degree Murder upon an indictment then

legally pending in said last named Court and of which said Court had jurisdiction; and said

conviction was a final conviction and was a conviction for an offense committed by him, the

said Darrel Allen Curlee, prior to the commission of the primary offense.

And it is further presented that before the commission of the primary offense and after the

conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed

the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial

District Court of San Juan County, Utah, in Cause No. 767.

NO. 37,458

STATE OF TEXAS § IN THE DISTRICT COURT

§

vs. § 66th JUDICIAL DISTRICT

§

DARRELL ALLEN CURLEE § IDLL COUNTY, TEXAS

WAIVER OF ARRAIGNMENT

The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial

arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time

of trial, and enters a plea of not guilty.

The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen

Curlee and agrees that the cause be set for trial in the courtroom ofthe 66th Judicial District Court

ofHill County, Texas.

SIGNED on September 6, 2012.

Respectfully submitted,

Terence A. (Tiger) Russell

Attorney & Counselor at Law

PO Box 306

Hillsboro, TX 76645

245-396-3219

254-582-5593 (facsimle)

~~w/?.4

Terence A. Russel)

State Bar No. 17437070

,_,2f'L ~ Attorne~:~:~len Curlee ..- _ d L?

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Approved by~: ., J f) '

Signed on , /L~ / y ,)J( 2-c:::= .

(OPV

N0.37,458

STATK.OF TEXAS ·§ IN THE DISTRICT COURT

§

vs. § 66th JUDICIAL DISTRICT

§

DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS

: WAIVER OF ARRAIGNMENT

The undersigned Defendant, Darrell Allen Curlee, by counsel, waives formal pre-trial

arraignment and preparation time between arraignment and trial, and agrees to be arraigned at time

of trial, and enters a plea of not ~ilty.

The undersigned attorney hereby enters appearance as attorney of record for Darrell Allen

Curlee and agrees that the cause be set for trial in the courtroom of the 66th Judicial District Court

ofHill County, Texas.

SIGNED on September 6, 2012.

Respectfully submitted,

Terence A. (Tiger) Russell

Attorney & Counselor at: Law

POBox306

Hillsboro, TX 76645

·o 245-396-3219

254-582-5593 (facsimle)

~~uJ'?A

Terence A. Russell

State Bar No. 17437070

J1,j_ £.4 /e?r~ ~ J. ~yfor Darrell Allen Curlee

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Approved by . Court: ~- /'/

~~-- JUDGE P IDING

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A CERTIFIED

ATTEST l.. ~ I .20

ANGELIAORR

DISTRICT CLERK

HILL. COUNTY. T

BY

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CAUSE NO. 37,458

THE STATE OF TEXAS § IN THE 66'1'11 JUDICIAL

§ DISTRICT COURT OF

I HILL COUNTY, TEXAS

$E'tTJNG ORQEBS

THIS CASE IS ORDERED SJT FQR

1.. _XX_PRE-TRIAL MOTIONS IIEAlUNG

UNDERARTICLEl8.01CCPSETON-OCTOBER 18,2012 9:00A.M.

)

l._XX_FINALPRE-TRIALCON.FERENCE-NOVEl\tiBER 13,201.2 9:00 A.N.f..

3. _XX_JURYTRW.JSSETFOR--JANUARY 14,2013 9:00A.M.

4. _PIAAIS SBTFOR _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

No. Date and Time Destination Times Type Result Resolution/ECH

001 09/25/12 08: 14 Terence Russell o•oo·1r FAX OK 200xl00 Normal/On

[ QWGOXOB415 ]

l

CAUSE NO. 37,458

THE STATE OF TEXAS §

vs. §

DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS

ORDER APPOINTING A DISINTERESTED EXPERT

TO EXAMINE DEFENDANT

It is ORDERED that Dr. Veri 0. Childers, Jr. is hereby appointed to examine

DARRELL ALLEN CURLEE, Defendant in the above entitled and numbered cause, for the

purposes of determining whether Defendant is competent to stand trial and whether Defendant

is or was a person with mental illness at the time of the alleged offense or offenses.

The Defendant, DARRELL ALLEN CURLEE is in the Hill County Jail on charges of

Aggravated Assault with a Deadly Weapon and Aggravated Assault-Threat-with a Deadly

Weapon, felony indictments.

The meaning of competency to stand trial is whether the Defendant has sufficient

present ability to consult with defense counsel with a reasonable degree of rational

understanding and whether the Defendant has a rational as well as factual understanding of

the proceedings against him.

For the purpose of competency you should determine whether if at the time of the

conduct charged, Defendant, as a result of mental disease or defect, did not know that his

ORDER APPOINTING A DIS!NIERESTED

EXPERT TO EXAMINE DEFENDANT

1

conduct was wrong. The term "mental disease or defect" does not include abnormality

manifested only by repeated criminal or otherwise antisocial conduct. IT IS FURTHER

ORDERED that the examiner appointed herein submit a written report ofthe examination to

the Court within thirty (30) days of the date of this ORDER, including a description of the

procedures used in the examination, the examiner's observations and findings pertaining to the

Defendant's competency to stand trial, and the recommended treatment. If the examiner

concludes that the Defendant is incompetent to stand trial, the report must also state the

examiner's observations and findings and whether there is a substantial probability that the

Defendant will attain the competency to stand trial within the foreseeable future.

' report be submitted to the Court setting

IT IS FURTHER ORDERED that a separate

forth the examiner's observations and findings concerning:

1. Whether the Defendant is a person with mentally illness (and meets the criteria

for court-ordered inpatient mental health senrices under Subtitle C, Title 7, Health and Safety

Code.

2. Whether the Defendant is a person with mental retardation and meets the

criteria for commitment to a residential care facility under Subtitle D, Title 7, Health and

Safety Code.

3. Whether the Defendant was sane at the time of the alleged offense~.

IT IS FURTHER ORDERED if the examiner is a physician and concludes that the

defendant is a person with mental illness, the examiner shall complete and submit to the court

a Certificate of Medical Examination for Mental Illness. If the examiner is a physician or a

licensed psychologist and determines that the defendant is a person with mental retardation

and if the determination has been made in accordance with the standards established by

ORDER APPOINTING A DlSlNTERESTED

EXPERT TO EXAMINE DEFENDANT

2

' '

Section 593.005, Health and Safety Code, the examiner shall submit to the court an affidavit

setting forth the conclusions reached as a result of the examination.

SIGNED this the :2. fl day of *-r: '2012.

·~~7~

F. B. (Bob) McGregor, Jr., Judge

66th Judicial District Court

Hill County, Texas

ORDER APPOINTING A DISINTERESTED

EXPERT TO EXAMINE DEFENDANT

3

NO. 37,458

STATE OF TEXAS IN THE 66TH JUDICIAL

VS. DISTRICT COURT OF

DARRELL ALLEN CURLEE HILL COUNTY, TEXAS

230 S. Waco St. #108

Hillsboro, Tx 76645 ORDER

TO: DARRELL ALLEN CURLEE

You are hereby ORDERED to report to the Hill County Community

Supervision and Corrections Department at 126 South Covington

Street, on the North end of the Hill County Courthouse Annex,

Hillsboro, Texas, at 8:00A.M., TUESDAY, DECEMBER 11, 2012. You

are further ORDERED to provide the interviewing officer with true

answers to questions concerning your criminal history, social

history, work history, educational history and medical history.

All information obtained is for the purpose of a PRE-SENTENCE

INVESTIGATION required by Section 9, Article 42.12, Texas Code of

Criminal Procedure, and the report will be handled in accord with

said Section. ~""!:r:~

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:,:Ill

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SIGNED this 3rd day of October, 2012. ·... ;

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~--~--~=-~~~~~~---=----~

F. B. (Bob) McGREGOR, JR. a

PRESIDING DISTRICT JUDGE -a

ALLEGED OFFENSE: AGG ASSLT W/DEADLY WEAPON

AGG ASSLT W/DEADLY WEAPON

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A CER.TIFIED ~OPY

ATTEST .X - 3 /

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ANGELIAORR

DISTRICT CLERK

HILL COUNTY. TEXAS

BY

.,

Veri 0. Childers, Jr., Ph. D.

192HCR4319

Milford TX 76670

(817) 707-6010

Defendant: Curlee, Darrell A.

County: Hill

c:::.!;ause #: 37,45~

Date of Evaluation: 10/10/2012

Date of Report: 10/16/2012

. '

Specific Issues for Evaluation: Mr. Darrell A. Curlee is referred by the Honorable F. B.

McGregor, Jr., Judge of the 66th District Court for evaluation of his competency to stand trial.

The CoUrt requests information in regard to two questions: (1) does the defendant have a

rational and factual understanding of the nature of the proceedings againsthim; and (2) does the

defendant have sufficient present ability to consult with his attorney with a reasonable degree of

rational understanding. The Court also seeks information as to his sanity at the time of the

alleged offense and at present.

Disclosures: Prior to any evaluation procedures, Mr. Curlee was provided with the following

information and disclosure about the nature and purpose ·of this evaluation.

The Court has ordered an evaluation ofyour mental status and characteristics

with respect to the upcoming legal proceedings that you face. The information

obtained during the evaluation process will be used in legal hearings about the

charges pending against you, and I will be evaluating your competency to stand

trial as well as your sanity. As part of this evaluation, I will be asking you a

number ofquestions about your personal history as well as using standard

procedures and instruments to gather information. What we say and do during

the course of this evaluation is not privileged, private, or confidential. I am not

treating you in a doctor-patient relationship. Regardless ofhow you participate

or cooperate, I will write a report. The report will go to the Court, the

prosecutor, and your attorney. As a result of the evaluation, I may be called upon

by one of the attorneys to testify in the proceedings. Do you have any questions?

Pro<!edures, Techniques, and Information Reviewed:

Clinical interview and history

Mental status examination

Review of indictment and record of prior offenses

Telephone interview with defense attorney Terrence Russell

Interview with Mr. Freddie Bassinger, LMSW

Review of letters and notes written by Mr. Curlee

Competency interview

Carlson Psychological Inventory

Interview with Mr. Cory Cole and Ms. Stacy Beam of Citizens State B,ank-ltasca

Clinical Observations and Findings:

Behavioral observations. Mr. Curlee was seen at the Hill County Jail. He arrived

promptly when summoned by jail staff and was appropriately and neatly attired in jumpsuit. His

motor activity was smooth and coordinated, with no sign of any spasticity, tic, or other anomaly.

His fme motor activity was good as indicated by his writing ability, grip, and gait. His facial

expressions and social behaviour were appropriate. He showed no signs of any type of agitation

and was cooperative and agreeable during the evaluation process. Rapport was deemed as being

satisfactory.

Relevant background history. Mr. Curlee is presently injail with charges of aggravated

assault with a deadly weapon and aggravated assault-threat, with a deadly weapon. He was

arrested and detained in the jail in June 2012. His previous record includes the following items.

• 1964: conviction in Michigan for misdemeanour assault; fine of $11

• 1975: conviction in Michigan for assault with deadly weapon, 1-4 years confinement

• 1986: conviction in New Mexico for homicide; 6 years confmement, paroled to Hill

County Texas

• 1989: conviction in Utah for burglary; 5 years confinement

• 2010: conviction for criminal trespass in McLennan County, TX

Mr. Curlee reported dropping out of school in the 1Oth grade; he has no GED certificate or

further formal education. By trade, he has been a production machine operator. Presently he is

unemployed and receives monthly disability compensation. He reported being divorced once

pbefore and presently is in an informal marriage with a local woman. He said that together they

have two children and that he has several other children in the Michigan area. His mother is

alive and living in a local nursing home; his father died in 2006 from complications related to

Alzeheimer's disease. He has a sister living in Itasca, TX.

Mr. Curlee's health history has several significant items. He denied any difficulties with

alcohol, illicit drugs, seizures, or other physical difficulty. He reported a previous motorcycle

accident (date unknown) that resulted in a concussion; he recovered with no ill effects. He

admitted to being a patient at the local community mental health center since 1972, receiving

services for schizophrenia. In the past, he has taken antipsychotic medications (Prolixin,

Zyprexa, Abilify), but at present he is not on any antipsychotic medication. Interview with Mr.

Freddie Bassinger, the director of the Hillsboro office ofthe Heart ofTexas Region MHMR

Center, revealed that Mr. Curlee was diagnosed in 1992 with schizophrenia, paranoid type, and

that he was treated regularly until April2011, when his case was transferred to the Johnson

County MHMR Center because Mr. Curlee moved out of the Hillsboro area Mr. Curlee was

reliable and compliant with his treatment regimen and was considered well-controlled. During

his time in treatment with Mr. Bassinger, Mr. Curlee posed no major problem due to his mental

condition. Mr. Curlee reported-and Mr. Bassinbger verified-a history of auditory

hallucinations described as voices of unknown others, always behind or around him, talking

about him. He had no identification for the voices, simply referring to ''them." The voices do

not provide any directions or commands for him. The only other health concern for Mr. Curlee

is a non~insulin dependency diabetic condition, for which he is treated with Metformin and diet

management. Hill County Jail medical staff report that he is compliant with his treatment

regimen and that the condition is under control.

Mental status at time of evaluation. The mental status examination revealed a generally

cooperative and forthcoming demeanor on Mr. Curlee's part. His mood is best described as

being even and appropriate. His emotional expression was normal, with no indications of any

problematic communication style or behaviour. Perceptually, he admitted to hearing voices

(described above) but said that they were not very problematic for him. He exhibited no overt

behaviours that commonly accompany serious mental thought problems, and jail staff did not

report any such behaviours either. He denied any thought of suicide/homicide. His thinking

processes during the interview and evaluation process were logical, focused, and relevant. He

denied any problems with thought blocking, phobias, compulsions or obsessions. He was alert

and oriented to his current situation, his personal status, and his current location, but he was not

accurate in the date, thinking that it was November. His memory was intact for remote things

such as previous charges and convictions and his previous mental health treatment regimen, and

for recent things such as his current medication, date of arrest, and current charge pending. He

concentrated and attended to interview questions as well as instructions for questionnaires

without difficulty. His insight into his current situation was good. Cognitively, he used a

vocabulary that was good for his educational level. While no formal assessment of his

intelligence level was made, based upon his responses and former occupational level, he

functions within the broad limits of the average range of intelligence, above the range of mental

retardation. ,

Mr. Curlee stated the charge pending against him as aggravated assault and said that he

allegedly stabbed somebody with a knife, trying to kill the other person. He correctly identified

his attorney as Mr. Terrence Russell and said that they had not yet discussed the possible penalty

if he is convicted. This is consistent with the indictment returned against him and information

provided by Mr. Russell. When asked about the actors and participants in a criminal proceeding,

he gave the following information as to their roles.

• Defense attorney: to see that your rights are upheld and that I'm handled fairly by the

judge ·

Prosecutor: looking up evidence to use against you on the charge

Trial judge: know the whole case, see the problem fairly, and deal with both parties fairly

Jury: judge the case fairly. If they say you're guilty, you pay the penalty. The judge,

jury, and district attorney decide who is guilty

When questioned about essential things that are part of the criminal trial process, Mr. Curlee

gave the following answers.

• Right to remain silent: to protect yourself, say as little as possible. (Q: If the judra,e asks

you a question, do you have to answer it?) you don't have to, you can plead the 5 but it

makes you look guilty. I think it's best to answer questions.

• Concept of Not Guilty: I go back to normal living in my RV in Grandview. I owe back

rent of over $3000.

• Concept of Guilty: admitting to doing what they allege'

Probation: a period of observation, if you do as expected you get off on time; it keeps

you from going to jail or prison; you go to jail or prison if you violate'

• Consequences if found to be incompetent or insane: I don't know

The results of psychological testing provided the following information. Intellectually,

test results show that is functioning within the broad limits of the average range of intelligence,

above the range of mental retardation. Based upon interview information provided by Mr.

Bassinger, Mr. Cole, and Ms. Beam, Mr. Curlee's everyday adaptive behavior skills are adequate

enough to allow him to take care of his personal needs in the community.

Ll.AWl.J "~.:JU.l] U.lll..l.;:t unu V\.<llQ.Jlll UlQ.I. WCIC w uc i:liJH.!L Ul 111:5 u:::gat srrategy.

Capacity to consult with counsel. In spite of the ideas of reference that he harbors, Mr.

Curlee's answers to questions and his engagement in the evaluation process, both in

interview and testing, all suggest that he is able to consult with his attorney in a rational and

factual manner.

• Capacity to understand rationally the charges and potential consequences of the pending

proceedings. Based upon his answers to questions during interview, Mr. Curlee has an

accurate understanding of the charges pending against him and what they mean, but he is in

need of a formal discussion with his attorney regarding possible consequences if convicted.

The Carlson Psychological Survey is a personality screening instrument specifically

designed for use with offenders. On it, Mr. Curlee generated a valid profile. Of the four clinical

scales, Mr. Curlee's scores on the ones measuring chemical abuse, antisocial tendencies, and

self-degradation are all low, indicating no difficulties in those areas. On the one scale that

measures thought disturbance, his score surpasses 77% of those in the norm group, suggesting

the presence of perceptual distortion and hallucinations. This score is consistent with his long-

standing diagnosis of schizophrenia.

Diagnoses: The most likely DSM-IV diagnostic classification for Mr. Curlee is as follows.

• Axis l: schizophrenia, paranoid type (295.30)

• Axis II: none

• Axis III: diabetes, by history

• Axis IV: current stressors include problems related to arrest and detention, economic

difficulties (due to loss of disability income while incarcerated), housing stress related to

back rent, and removal of parent to nursing home care

• Axis V: current GAF = 55

Areas of Competency:

• Capacity to understand charges and potential consequences. Based upon his answers to

questions about the charges pending, Mr. Curlee has an accurate understanding of the

charges pending. He does not know possible consequences if convicted and needs to visit

with his attorney on that matter.

• Capacity to disclose pertinent material. Based upon his answers to questions during

interview and his recounting of personal history, Mr. Curlee has no difficulty in relating

relevant history concerning his background and current case. Hjs statements were

corroborated by outside information and were accurate.

• Capacity to engage in legal strategies. Mr. Curlee's previous experiences in the legal system

along with his current understanding of his situation, his way of thought patterns, and his

record of compliance in treatment, all suggest that he is able to work with his attorney in

developing a reasonable legal strategy

• Capacity to understand the adversarial nature of the proceedings. Based upon answers to

specific questions about the nature of a trial and the roles of the various participants, Mr.

Curlee has an accurate tinderstanding of the adversarial nature of a criminal trial and the risks

involved.

• Capacity to testify. Based upon his interpretation of his rights as a defendant and his

understanding of the nature of a trial, along with his former experiences, Mr. Curlee could

likely testify in his own behalf if that were to be a part of his legal strategy.

• Capacity to consult with counsel. In spite ofthe ideas of reference that he harbors, Mr.

Curlee's answers to questions and his engagement in the evaluation process, both in

interview and testing, all suggest that he is able to consult with his attorney in a rational and

factual manner.

• Capacity to understand rationally the charges and potential consequences of the pending

proceedings. Based upon his answers to questions during interview, Mr. Curlee has an

accurate understanding of the charges pending against him and what they mean, but he is in

need of a formal discussion with his attorney regarding possible consequences if convicted.

Opinion on Competence to Stand Trial: Although Mr. Curlee has a long-standing diagnosis of

a psychiatric disorder, based upon available historical information, current test and interview

data, and interviews with collateral sources, he has sufficient present ability at this time to

consult with his attorney with a reasonable degree of rational understanding. Further, he has a

rational and factual understanding of the proceedings pending against him. It is my opinion that

he is competent to stand trial on the charges pending.

Treatment Recommendations: With his long-term, known history of schizophrenia, paranoid

type, Mr. Curlee is in need of psychiatric evaluation to determine his present need for

antipsychotic medication. 1bis can be done on an outpatient basis without need for inpatient

hospitalization. According to mental health practitioners that have treated him in the past, he

needs a maintenance dose of an antipsychotic medication to manage his mental disorder

adequately. He has now been off of his prescribed medication for over a year. The antipsychotic

medication is likely necessary for Mr. Curlee to maintain a functional mental status and to care

for himself adequately outside of a hospital setting as well as for the management of his

symptoms of hallucinations and delusions. In addition, he will need to maintain a stable status

with respect to his diabetes in order to preclude mental difficulties resulting from fluctuations in

his blood sugar level. This includes compliance with both his medication for diabetes and his

dietary treatment recommendations as well as routine medical oversight and monitoring of his

blood sugar level.

Verl 0. Childers, Jr., Ph. D.

Psychologist #221 03

Veri 0. Childers, Jr., Ph. D.

192 HCR4319 j

Milford TX .76670

(817) 707-6010

16 October 2012

Honorable F. B. McGregor, Jr., Judge

661h District Court

PO Box 284

Hillsboro TX 76645

RE: Curlee, Darrell A., Cause #37,458

Dear Judge McGregor:

Pursuant to order of the Court, I have seen and evaluated Mr. Darrell A. Curlee with

respect to his sanity for the upcoming activities in the above cause. As part of my evaluation, I

interviewed Mr. Curlee and, with his permission, Mr. Freddie Bassinger (Director of the Hill

County Office of Heart ofTexas Region MHMR Center and Mr. Curlee's former

psychotherapist), Mr. Cory Cole, and Ms. Stacy Beam, staff members ofthe Citizens State Bank

ofltasca. Mr. Cole and Ms. Beam had pertinent knowledge regarding an allegation made by Mr.

Curlee with respect to his personal checking account, which needed verification and assessment.

I administered a mental status examination, collected a personal history, and administered a

personality test to Mr. Curlee as part of the evaluation process.

Mr. Curlee has a long-standing mental health diagnosis of schizophrenia, paranoid type,

that has been treated successfully in the past with medication, allowing him to live in the

community and to care for his own needs. He has been off his medication since April of2011,

when his case was closed at the local community mental health center and transferred to the

community mental health center in Johnson County, TX. He related an accurate history, verified

by outside information obtained from the Hill County Sheriff's Office and from interviews with

the individuals named above. Mr. Curlee's statements included accurate information about his

past criminal activity as well as an allegation he made of recent fraudulent activity in his

personal checking account. Review of his criminal history verified his statements about that

aspect of his life. Interviews with Mr. Cole and Ms. Beam revealed that there has been activity

on his checking account after the date ofMr. Curlee's incarceration resulting from checks he had

written prior to his arrest. There is no indication to bank personnel of any fraudulent activity,

only activity that as of the date of my interview with Mr. Curlee had not been clarified for him.

Results of the testing suggested that Mr. Curlee has odd ideas that include hearing

nondescript and nearby voices talking about him. This thought pattern occurs without respect to

any particular location in which Mr. Curlee might be. When I asked him further about this, he

related that he hears the voices but that he does not give any great concern to them or that they

cause him any distress. The voices do not provide any commands or instructions to him, and he

does not act according to what he hears from them. He related only that "they talk about me."

These symptoms of thought difficulty have been treated successfully since 1992 with prescribed

medications.

During interview, Mr. Curlee accurately outlined the charges pending against him,

including a history of his alleged actions that led to the charges. He did dispute the allegation

that he stabbed anyone, saying that allegation was incorrect. When asked about the allegations,

he gave the following answers.

• What are you charged with? Assault with a deadly weapon, a knife

• What does that mean? They say I stabbed him, attempted to murder him, drew blood

• If someone does that, why is it wrong? You're not supposed to abuse someone. You can

protect yourself. I used a paring knife to scare him; he was a pro boxer.

Without any knowledge about the identity of the putative victim in this incident, I can neither

verify nor dispute Mr. Curlee's interpretation of the level of his personal risk, however he does

appear to have a clear and accurate understanding of his action and the resulting charges.

Given Mr. Curlee's expressed view about not abusing others yet being able to protect

himself, along with his statement of the lack of a sense of command or urgency he perceives

from the voices he hears, it is my opinion that his current mental disorder does not prevent him

from understanding that his conduct was wrong. Accordingly, it is my opinion that he is sane

with respect to the proceedings he now faces. While he may dispute with authorities the level of

personal risk that he perceived, his understanding of his alleged actions is not significantly

impaired as a result of his hallucinations and delusions. He does need to be evaluated by a

qualified psychiatrist to determine the need for re-instatement of antipsychotic medication and

regular psychotherapy. In my opinion, this can be accomplished on an outpatient basis and does

not require inpatient hospitalization.

i

Respectfully,

Veri 0. Childers, Jr., Ph. D.

Psychologist #22103

I'

Veri 0. Chffders, Jr., Ph. D. Statement

192 HCR 4319

Milford TX 76670

Bill To

Hill County

Hill County Treasurer

PO Box 671

Hillsboro TX 76645

Date Amount Due Enclosed

10116/12 $1,095.00

Date Description Amount Balance

09/16/12 Balance forward 0.00

Curlee eval-

10/10/12 645.00 645.00

lntetVi9'Ns--Cur1ee, Bassinger, Cole/Beam; testing

---Interview, 4.3@ $150.00 == 645.00

10/16/12 450.00 1,095.00

Written competency report Darrell Curlee, Cause #37,458

=

--- Report, 3 @ $150.00 450.00

I

Current 1-30 Days 31-60 Days 61-90 Days OVER 90 Days Amount Due

Past Due Past Due Past Due Past Due

$1,095.00 $0.00 $0.00 $0.00 $0.00 $1,095.00

Veri 0. Childers, Jr., Ph. D.

192 HCR4319

Milford TX 76670

(817) 707-6010 RECEIVED

OCT 1 6 2012

16 October 2012

DISTRICT JUDGE

Honorable F. B. McGregor, Jr., Judge

66th District Court

POBox 284

Hillsboro TX 76645

RE: Curlee, Darrell A., Cause #37,458

Dear Judge McGregor:

Enclosed are my reports on Mr. Darrell A. Curlee in the above-mentioned cause pending

in the District Court. Should you or any of the attorneys in the matter have any questions or need

clarification on any point, please contact me at your convenience.

Thank you for this referral and the opportunity to serve the Court in this matter.

Sincerely,

Verl 0. Childers, Jr., Ph. D.

Psychologist #221 03

Enclosures (3)

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Job No.: 034837 Total Time: 0"02'41" Page: 009

Complete

Document: doc034837201210161SS322

Verl 0. Childers, Jr., ;Fh. D.

192HCR4319

Milford TX 76610

(817) 70'7-6010

Defendant: Curlee. Dwll A.

Countv;H~

~use*; 174sC::::..

ate of EvaJ.uaUon2 10/10/2012.

Date ofReportz 10/16/2012

Specific lasues for Evaluation: Mr. Darrell A. Curlee is referred by the Honorable F. B.

McGregor, Jr., Judge of the 66th District Court for evaluation of his competency to stand trial.

The Court requests information in regard to two questio.lli: (1) does the defendant have a

rational and :factue1. unde:rstandhlg of the nature of the proceedings againstlrlm; and (2) does the

defendant have sufflclent present ability to consult with his attorney with a. reasonable degree of

rational undetstanding. Tho Court also seeks infonnation as to his sanity at the time of the

No. Date and Time Destination Times Type Result Resolutton/ECH

001 10/16/12 15:53 District Attorney 0"01'18" FAY. OK 200x100 Normal/On

002 10/16/12 15:56 Terence RusseU 0"01'23" FAY. OK 200x100 Normal/On

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, CAUSE NO JAIL IC..SS832

STATE OF TEXAS § 3 fr c_f'S] IN THE DISTRICT COURT OF

vs § HILL COUNTY, TEXAS

DARRELL ALLEN CURLEE § 66TH JUDICIAL DISTRICT

ORDER APPOINTING AN ATTORNEY

On the 13TH day of AUGUST, 2012, it was made known to the Court that the defendant Darrell Allen Curlee

was in need of an attorney, and it :mne:uin(T to the Court that the said Defendant should have an attorney, it is

ORDERED by the Court that \e..<'ro..~e ~u5.5t!. \\ a practicing attorney of this Court, be and is hereby appointed

to represent the Defendant in the above cause.

This defendant has been charged

., with: AGG ASSAULT WI DEADLY

WEAPON (2 COUNTS)

NEXT HEARING DATE: NO DATE AT TIDS TIME

Signed this 13TH day of AUGUST, 2012.

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IZ!Defendant is in the Hill County Jail

0 Defendant is not in' the Hill County Jail and can be reached as follows:

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RE: DARREU. ALLEN C'URl..EE

IN .JAILr 181ns C]No

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PAGES: INCLUDING COVER 1

DATE: 8fJYJZ

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COMMENTS:

TinS PAX CONTAINS CONFIDBNrw) INFORMA noN. IF YOU ARE NOT TilE INTENDED

RECIPIENT OF lli!S FAX, PLEAS.E CONTACT INDIGENT DEFENSI! OFFICE.

-·

.-

STATE OF TEXAS § IN THE DISTRICT COURT OF

vs § HILL COUNTY, TEXAS

66TH JUDICIAL DISTRICT

DARRELL ALLEN CURLEE

Dear Mr. Curlee, August 13,202012

After reviewing your application for Court-Appointed Attorney, the appointing

authority hereby appoints you MARK MORRIS, as your attorney, who can be

reached as follows:

2121 W. WACO DR

WACO, TX 76707

254-752-1254

NEXT COURT DATE: -NO DATE AT THIS TIME

THANK YOU,

IDA ALCALA

INDIGENT DEFENSE

COORDINATOR

/

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,---------------------------

'

NO. 37458

STATE OF TEXAS § IN THE DISTRICT COURT.-·' -:.·;~.

.... . . ....

§ ;.:::,

~.)

. ~~::.:;

vs. § 66th JUDICIAL DISTRICT

§

DARRELL ALLEN CURLEE § fiLL COUNTY, TEXAS --

MOTION FOR CONTINUANCE -':?. ~-

.,:..-~

\,•)

if

TO THE HONORABLE JUDGE OF SAID COURT:

. Now comes Darrell Allen Curlee, Defendant, and files this Motion for Continuance of

this cause from its present setting of February 25, 2013 and shows the following:

1. This motion is filed in accordance with Article 29.03 of the Texas Code of

Criminal Procedure.

2. Counsel for Defendant is involved in a OWl with Child Passenger trial on

February 25, 2013, State vs. Vicki Sanchez, cause number CR11916 in the 355th Judicial

District Court of Hood County, Texas. This is the 41h trial setting of this case.

3. This motion is not made for purposes of delay but that justice may be done.

WHEREFORE, PREMISES CONSIDERED, Defendant ptays that the Court enter its

order continuing this cause until some future date, or, in the alternative, sets this motion for

hearing.

Respectfully submitted,

Terence A. (Tiger) Russell

Attorney & Counselor at Law

PO Box 306

Hillsboro, TX 76645

245-396-3219

254·582-5593 (facsimle)

A CERTIFIED~OPY }

ATIEST l_ -l .20.1.1.

ANGELIAORR

DISTRICT CLERK

HILL COUNT TEX

BY

·~ .

~.

Terence A. Russell

State Bar No. 17437070

Attorney for Darrell Allen Curlee

VERIFICATION

STATE OF TEXAS §

§

COUNTY OF HILL §

ON THIS DAY personally appeared Terence A. Russell, who, after being placed under

oath, stated the following:

"My name is Terence A. Russell and I am the attorney of record for Darrell Allen Curlee

and have been so at all material times relevant to this proceeding.

"I have read the Motion for Continuance and every statement is within my personal

.___1~4~

knowledge and is true and correct."

Terence A. Russell

Sworn to and subscribed before me on --=-:h~f.L""':r-t.u'=:--=-=-=~~;.r;::---'--(~-2<-J---'1......:3;;;__--:--::..---

~~

NOTARY PUBLIC

SUSAN M. RUSSEll

UY COMMISSION EXP1AES

January 21, Z015

This is to certify that on February 14 2013, a true and correct copy of the above and

foregoing document was served on the District Attorney's Office, Hill County, 3rd Floor, Hill

County Courthouse, by hand delivery.

Terence A. Russell

• ••

NO. 37458

STATE OF TEXAS § IN THE DISTRICT COURT

§

vs. § 66th JUDICIAL DISTRICT

§

DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS

NOTICE TO CLERK OF COURT:

~

This motion is to be considered .EX PARTE and Is filed for purposes of the record. Th~

motion is required to be SEALED, by law, and disclosure shall be made ONLY to the

TRIAL COURT and COUNSEL FOR DEFENDANT.

MOTION TO PROCEED EX PARTE AND

MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE

THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS

INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and

through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with

regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth

Amendments to the United States Constitution, Article I, Sections 3, 3a, 10, 13 and 19 ofthe Texas

Constitution, and Article 26.05(d) of the Texas Code of Criminal Procedure, to appoint an expert

in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for

good cause shows the following:

Factual Matters which establish Need for Expert Assistance

The charged offense of aggravated assault with a deadly weapon occurred at a time when

Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with

schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations

regarding the character of the actors and his involvement in the event.

Need for Expert Assistance

Defendant has timely filed his intent to assert his insanity defense. Without expert assistance,

MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page I

I

evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee

Curlee's sanity at the time of the offense.

3. IfDarreU Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will

be deprived of due process, due course, and equal protection of the laws, the effeetive assistance of

counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present

evidence on behalf of the defense, and the right to explain or deny evidence presented against the

defense in the punishment phase, in violation of the Sixth ruid Fourteenth Amendments to the United

States Constitution and Article I, Sections 3, 3a, 10, 13 and 19 of the Texas Constitution.

WHEREFORE, PREMISES (;ONSIDERED, Darrell Lee Curlee requests that this Court

consider this motion and order that sufficient funds be provided to the Defense to have a competent

psychiatric or psychological expert assist in the investigation, evaluation, preparation and

presentation of the defense.

Respectfully submitted,

Terence A. (Tiger) Russell

Attorney & Counselor at Law

P0Box306

· Hillsboro, Texas 76645

Tel: (254) 396-3219

Fax: (254) 582-5593

)ly., £Autle ~

Terence A. Russell

State Bar No. 17437070

Attorney for Darrell Lee Curlee

BEFORE ME, the undersigned authority, on this day personally appeared Terence A.

Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.

/

Sworn to and subscribed before me on 1-~ /3) 2 0 f-3 ·

NOfii~fl~

MOTION TO PROCEED EX PARTE AND MOTI N FOR APPOINTMENT OF EXPERT ASSISTANCE Page 3

·~

NO. 37458

STATE OF TEXAS § IN THE DISTRICT COURT

§ ~

1 ~

vs. § 66 JUDICIAL DISTRICT

h

§

DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS

NOTICE TO CLERK OF COURT: -..

vJ

This motion is to be considered EX PARTE and Is filed for purposes of the record. Tht?

motion Is required to be SEALED, by law, and disclosure shall be made ONLY to the

TRIAL COURT and COUNSEL FOR DEFENDANT.

MOTION TO PROCEED EX PARTE AND

MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE

THE FOLLOWING IS WORK PRODUCT OF THE UNDERSIGNED ATTORNEY AND IS

INTENDED FOR DISCLOSURE TO THE TRIAL COURT ONLY.

TO THE HONORABLE JUDGE OF SAID COURT:

Now comes Darrell Allen Curlee, Defendant in the above entitled and numbered case, by and

through the undersigned counsel, and to proceed ex parte, in camera, and on a sealed record with

regard to applications for expert fees, and moves this Court pursuant to the Sixth and Fourteenth

Amendments to the United States Constitution, Article I, Sections 3, 3a, I 0, 13 and 19 of the Texas

Constitution, and Article 26. 05(d) of the Texas Code of Criminal Procedure, to appoint an expert

in police procedures to assist in the evaluation, preparation, and presentation of a defense, and for

good cause shows the following:

Factual Matters which establish Need for Expert Assistance

The charged offense of aggravated assault with a deadly weapon occurred at a time when

Defendant is believed to be insane. Defendant has been a MHMR patient since 1993, diagnosed with

schizophrenia. Defendant's recollection of events relevant to this charge contain hallucinations

regarding the character of the actors and his involvement in the event.

Need for Expert Assistance

Defendant has timely filed his intent to assert his insanity defense. Without e~pert assistance,

MOTION TO PROCEED EX PARTE ANO MOTION FOR AI'POINTMENT OF EXPERT ASSISTANCE Page I

• f

counsel cannot effectively present this defense to the jury and additionally is without the necessary

knowledge to understand the nature of Defendants mental condition as far as mitigation evidence

in the punishment phase of this case, provided he is found guilty.

Legal Basis for Expert Assistance

The United States Supreme Court held that an indigent defendant has a constitutional right

to the assistance of a competent, independent expert. See Ake v. Oklahoml!, 4 70 U.S. 68 (1985). The

purpose of this holding is to ensure that indigent defendants are given the same due process as .

wealthier defendants, including, and perhaps especially, the right to the effective assistance of

counsel. ld

Appointing an expert whose purpose is to assist the court and whose findings are made public

necessarily renders such an expert incapable of an undivided loyalty to the Defendant. Appointing

any expert other than one whose findings are privileged and whose efforts and advice are rendered

exclusively in the Defendant's best interests, is not an expert rendering assistance to Defendant or

the defense, and therefore the due process requirements of Ake are not met. See Rey v. State, 897

S.W.2d 333 (Tex.Crim.App.l995).

When an indigent accused makes a clear showing to the trial judge that an expert's assistance

is essential to assist in his defense, the judge has a clear duty upon request to appoint an expert to

assist.

Application for Fees

1. In the past, Counsel has spoken with Dr. Steve Karten, a competent and qualified

specialist in the field of forensic psychology or psychiatry. At the time, this expert charged

$2,000.00 to review mental health records; conduct an interview; and perform a psychological and

social history examination and evaluation, including but not limited to a determination whether the

Defendant was insane at the time of the alleged offense; and possibly testify at trial.

2. The services of a psychologist are necessary to enabie Darrell Lee Curlee to prepare

effectively for trial, present favorable evidence and to cross-examine the state's witnesses. The

MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISTANCE Page:Z

• i

evidence which will be the subject of expert opinion is critical to a determination of Darrell Lee

Curlee's sanity at the time of the offense.

3. lf Darrell Lee Curlee is not provided with expert assistance, Darrell Lee Curlee will

be deprived of due process, due course, and equal protection of the laws, the effective assistance of

counsel, the right to confront witnesses, the right to a fair and impartial trial, the right to present

evidence on behalf of the defense, and the right to explain or deny evidence presented against the

defense in the punishment phase, in violation of the Sixth and Fourteenth Amendments to the United

States Constitution and Article I, Sections 3, 3a. 10, 13 and 19 of the Texas Constitution.

WHEREFORE, PREMISES CONSIDERED, Darrell Lee Curlee requests that this Court

consider this motion and order that sufficient funds be provided to the Defense to have a competent

psychiatric or psychological expert assist in the investigation, evaluation, preparation and

presentation of the defense.

Respectfully submitted,

Terence A. (Tiger) Russell

Attorney & Counselor at Law

PO Box 306

Hillsboro, Texas 76645

Tel: (254) 396-3219

Fax: (254) 582-5593

Jauk~

Terence A. Russell

State Bar No. 17437070

Attorney for Darrell Lee Curlee

BEFORE ME, the undersigned authority, on this day personally appeared Terence A. .

Russell, who, after being duly sworn, stated upon oath that the foregoing was true and correct.

Sworn to and subscribed before me on 1- ~ I3 J 2 a /..3

.

ti~s·"f\\

}"~

" . ...,.g,·

m:.~-

SUSAN M. RUSSEU

MY COMMISSION EXPIRES

January 21, 2015

NO~~fl~

MOTION TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF E~PERT ASSISl'ANCE PageJ

, 1 I

N0.37458

STATE OF TEXAS § IN THE DISTRICT COURT

§

vs. § 66 1h JUDICIAL DISTRICT

§

DARRELL ALLEN CURLEE § IDLLCOUNTY, TEXAS

ORDER

On _ _ _ _ _ _ _ _ _ , 20 ll, came on to be considered Darrell Lee Curlee's Motion

to Proceed Ex Parte and Motion for Appointment of Expert Assistance, and said motion is hereby

(Granted) (Denied)

JUDGE PRESIDING

MOTlON TO PROCEED EX PARTE AND MOTION FOR APPOINTMENT OF EXPERT ASSISl"ANCE Page4

- - - - - - - - - - - - - - - · - - --- - - -

---------------~----------------------------------------------------------------

HILL COUNTY SHERIFF'S OFFICEL A W EN F 0 R CEMENT 06 MAR 2

TSG, INC. Inmate Incident History PAGE 1

·--------------------------------------------------------------------------------

Jail Id: 55832

Name: CURLEE, DARRELL ALLEN

31, t+SC6 Race: W Sex: M DOB: 10/30/1946

SO #: 23860 DL#: TX-04173584 SS#: XXX-XX-XXXX Date Booked: 06/16/2012

Date ...... Time ... Location . . . . . . . . . . . . . . . . . . . . . . Reported By ..•.•.............

03/06/2013 10:11am F-8 · CAPT.· CASTRO

Type: JI (JAIL INCIDENT)

Victim: MEDICAL

Witnesses:

Rpt Officer: 240 (CASTRO, A (SGT))

Supervisor: 1000 (MICHAEL COX, SH::miFF}

Narrative: ON 6/15/2012 SUBJECT CURLEE.DARRELL ALLEN WAS BOOKED INTO THE HILL

COUNTY JAIL. SUBJECT •:JAS PLACED IN HOLDING AFTER HE WAS BOOKED

INTO THE JAIL. AFTER SUBJECT WAS ARRAIGNED HE WAS ALOWED TO MAKE

HIS PHONE CALLS AND WAS CLASSIFIED TO SEPERATION FOR MEDICAL

REASON. SUBJECT HAD SEVERAL INJURIES TO HIS FACE FROM AN INCIDENT

PRIOR TO HIS ARREST. ON 8-09-2012 AFTER SUBJECT HAD BEEN RELEASE

FROM MEDICAL SUBJECTNAS RECLASSIFIED TO POPULATION IN B-1 DORM.

ON 08-16-2012 INMATES IN B-1 ASK TO SPEAK WITH ME ABOUT INMATE

CURLEE. INMATES STATED CURLEE WAS JUMPING UP OUT OF HIS SLEEP~

WOULD YELL OUT THAT SOMEONE WAS IN THE CELL TRYING TO GET TO HIM

AND HURT HIM. INMATES STATED SUBJECT WOULD YELL IN THE DIRECTION

OF THE SHOWER IN THE CELL AND MADE THE STATEMENT THERE WERE

PERSONS COMING THRUOGH THE SHOW AND COMING FOR HIM. I ASKED CURLEE

TO STEP OUT OF THE CELL AND SPEAK WITH ME ABOUT THIS MATTER.

SUBJECT MADE THE STATEMENT HE COULDN'T BE IN THE CELL BECAUSE

THERE WERE PEOPLE TRYIBG TO GET TO HIM. WHEN I ASKED CURLEE IF HE

WAS TALKING ABOUT THE INMATE IN THE CELL WITH HIM CURLEE STATED

NO. I~S THE ONES COMING OUT OF THE SHOWER I KNOW THEY ARE TRYING

TO GET TO ME AND HURT ME. SUBJECT WAS THEN REMOVED FROM THE CELL

AND PLACE IN SEPERATIQN FOR HIS SAFETY AND THE SAFETY OF THE OTHER

INMATES. WHILE MAKING ROUNDS IN SEPERATION I CAPT.CASTRO AND OTHER

FLOOR OFFICERS HAVE WITNESS CURLEE TALKING TO THE WALL IN HIS CELL

OR IN THE DIRECTION OF HIS SHOWER. WHEN ASKED IF HE WAS DOING OK?

CURLEE HAS MADE THE STATEMENT THESE PEOPLE ARE STILL AFTER ME AND

BEGAN TO CURSE AT THE~.WALL OR IN THE DIRECTION OF THE SHOWER.END

OF REPORT. \

~

-----------~--------------------~-~--------------------------------------------

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Job No. : 044342 Total Time: o•ot·ss· Page: 012

Complete

Document: doc04434220130306162730

,,.

Cause No. 37,458

lHESTATE OF TEXAS )( IN THE 66TH DISTRICT

vs )( COURT OF

DARREU ALLEN CURLEE . )( HILL COUNTY, TEXAS

JUQGMfNT OF COMM!IMENJi MENTAL INCOMPETENCE

Date of Hearing: MAROI 6, 2013

Attorney for State: Nicole Cl'aln,Asslstant Dlstrld Attorney

Attorney for Defendant: Terence A. R~ll

Data af Birth: 10-~0..46 Raca:White

TRN NO· , 14316336X A001and

No. Date and Time Destination Times Type Result Resolut1on/ECH

001 03/06113 16:28 Jail 0"01"55"" FAX OK 200xl00 Normal/On

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[ QWGOX08415 ]

I

Cause No. 37,458

THE STATE OF TEXAS )( IN THE 66TH DISTRICT

vs }( COURT OF

DARRELL ALLEN CURLEE )( HILL COUNTY, TEXAS

JUDGMENT OF COMMITMENT: MENTAL INCOMPETENCE

Date of Hearing: MARCH 6, 2013

Attorney for State: Nicole Crain,Assistant District Attorney

Attorney for Defendant: Terence A. Russell ~

-

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Date of Birth: 10-30-46 Race: White ; .b'j}

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TRN NO: 914316336X AOOl and a- r-o-

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TRN NO: 914316336X A002 Allen Reg. No: N/A ~

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Cause No: 37,458 Offense: Count One (1) Agg. Assault W/l:iJeaJJfi

Weapon and Count Two (2) Agg. Assault Threat

W/A Deadly Weapon With prior felonies alleged

following each count.

The Defendant was charged by indictment for the offenses shown above In the above

numbered and entitled cause. The Court called the cause for trial on the issue of competency.

The State appeared by her Assistant District Attorney. As charged above, Defendant was

presented by counsel. In advance of the trial on the merits, it came to the attention of the

Court that a suggestion had been raised by the Defendant's attorney that the Defendant is

incompetent to stand trial.

After an Inquiry, the Court found there Is some evidence that the Defendant may be

Incompetent to stand trial, and the Court is not required to hold a jury hearing to determine

Defendant's Incompetent to stand trial because 1) neither party requests a jury on the issue

of competence: 2) neither party opposes a finding of incompetency; and 3) the Court does

not find that a jury hearing is necessary to determine incompetency.

A CERTIFIED COPY

ATTEST j ·- "\ f

ANGEUA ORR . - 20./.Q_

DISTRICT CLERK

Hill COUNTY, TEX S

BY

. ' .

The Court heard the evidence submitted by the parties with Defendant and Defendant's

counsel present. The Court then rendered its verdict and enters same upon the minutes of

the Court as follows:

The Court FINDS the Defendant Is INCOMPETENT to stand trial on this date. The Court finds

defendant unable to effectively communicate with counsel at present, per representation of

defense counsel, as an officer of the Court.

The Court FINDS the Defendant is a person with MENTAL ILLNESS and requires obser~ation

and/or treatment in a mental health facility, for his own welfare and protection or for the

protection of others.

The Court FINDS the Defendant's conduct does involve an act, attempt, or threat of a

violent offense as defined in TEX.CODE CRIM.PROC. Art.17.032(a), and the indictment does

allege a deadly weapon under Section 3g(a){2), Article 42.12.

Accordingly, pursuant to Chapter 468 of the Texas Code of Criminal procedure, the Court

ORDERS Defendant committed to and confined at the appropriate catchment facility within

the state mental health system or the North Texas State hospital, Vernon, Texas, or other

Mental Facility operated by the State of Texas as appropriate. The Court further ORDERS the

Sheriff of Hill County, Texas to take the Defendant to North Texas State hospital, Vernon,

Texas or other facility, as appropriate.

The Court ORDERS that the Defendant is to be held for a period not to exceed one hundred

twenty (120) days.

The Court ORDERS the Clerk of this Court to send a certified copy of this judgment and any

of the following documents available to the Court during the competency hearing:

1. The report of each expert;

2. Psychiatric, psychological, or sodal work reports that relate to the mental condition of

the Defendant, including Court's Exhibit "A";

3. Documents provided by the attorney representing the State or the attorney

representing the Defendant that relate to the Defendant's current or past mental

condition;

4. Copies of the indictment or Information and any supporting documents used to

establish probable cause in the case;

S. The Defendant's criminal history record; and

6. The addresses of the attorney representing the State and the attorney representing the

Defendant; and

7. The Court reporter's record herein.

...

..

A copy of this order is to be' delivered to the Sheriff of Hill County, Texas and that such

documents above referenced accompany the Defendant to the North Texas State Hospital

Vernon, Texas, or other facility as appropriate.

IT IS ORDERED that DARRELL ALLEN CURLEE be remanded into the custody of the Sheriff of

Hill County, Texas for lawful execution of this Judgment of commitment.

Signed this the 6th day of March, 2013.

F.B. (Bob) McGregor, Jr.,Judge Presiding

10-22-2014 1/6

2 54 582 7521 Jail

10/2112014 10:36 P.003J003

FiU:_G

lD/~ OCT 2? Milt: t 2

!!NAL PRE..TRIAL CONFERENCE SUMMARY

~ CASE STATUS REAQINESS REPRESENTATIOri TO THE COURI

CAUSE No.:J'/,4~~

s

STATEOFTEXAS § IN THE "m DISTRicr

~~~ dar /~t •I

COVRTOF'

Hll.L COU'N'IY. T'£V,S

pEFINSit lt.EJECJ;ION OF FINAL SET'l'LEMltNT Oli'Fitlg

'l'll.e l'roseeutol"tll\lllll Settlem.eD.t Otter of:

fL:IkiJ- /)uJ.XZ..

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S.teute"'

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Otber (Speelfy)

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Is avaUable WltO the Flll.al Pre-Trial Coarertu.ee II eotteludecl J a~tderstlUlcl tkat 110 .etdemeat oUen

T.;;~~~The ~db_,..~~

'tj~ROSECVTORS CEllTlFICATION OF TkiAL READJNESi

Tbe merit• o( the ease have bee11 thoroqhly l'C\'Iewed. Pntrlalsetftetllalt n9tlatlou lave beea

•llsuceessflltal4 tbe we l1i ready for trial. t'\ ~ ('_

\.o(e:\~H!. ~~~ ,

·I

Tb PI'O$.Cator •nd De!easc Couuel het"eby •&ree to the fGIIowktf ltlpulatloae:

J

----

J;yS'i

CHIEF JUSTICE

NATHAN l. HECHT

•

'Otbe ~upreme QCourt of 'CEexa5

201 Westl4thStreCI PostOfficeBox 12248 AI.ISiinTX78711

Telephone:- 5121463·1 J 12 Facsimile: S121463-1365

CLERK

BLAKE A. HAWTHORNE

JUSTICES GENEFML COUNSEL

PAUL W. GREEN NINA HESS HSU

PHIL JOHNSON

DON R. WILLETT ADMINISTRATIVE ASSISTANT

EVA M. GUZMAN NADINE SCHNEIDER

DEBRA H. LEHRMANN

JEFFREYS. BOYD PUBLIC INFORMATION OFFICER

JOHN P. DEVINE May 14,2015 OSLER McCARTHY

JEFFREY V. BROWN

Hon. Ralph T. Strother via regular and electronic mail

19'h District Court

McLennan County Courthouse

501 Washington Ave., Suite 303

RECEIVED

Waco, Texas 76701

MAY 1 4. 2015

RE: Case No. 10~15-00157-CR: In re Darrell Curlee COURT OF APPEALS

WACO, TEXAS

Dear Judge Strother:

Pursuant to the request of the Honorable Tom Gray, Chief Justice of the Tenth Court of

Appeals District, and to the authority vested in me by Texas Government Code § 74.003(h), you are

hereby assigned to service as a Justice of the Tenth Court of Appeals, Waco, Texas, for adjudication

of the above-referenced case.

This assignment will continue for such period of time as may be necessary to complete

consideration of this cause and to pass on any motions for rehearing.

·Sincerely,

~gp-

Nathan L. Hecht

Chief Justice

cc: Hon. Tom Gray, Chief Justice, Tenth Court of Appeals via electronic mail

Hon. Sharri Roessler, Clerk, Tenth Court of Appeals via electronic mail

Ms. Nita Whitener, Deputy Clerk, Tenth Court of Appea(s via electronic mail

Comptroller's Office, Judiciary Section via electronic mail

A CERTIFIED COPY

ATTEST E..-\ 1 . 20j;{_

ANGELIAORR

DISTRICT CLERK

HILL COUNTY. TEXA

BY

TENTH COURT OF APPEALS

Chief Justice McLennan County Courthouse

Tom Gray 501 Washington Avenue, Rm. 415

Clerk

Justices Waco, Texas 76701-1373 Sharri Roessler

Rex D. Davis Phone: (254) 757-5200 Fax: (254) 757-2822

AI Scoggins

May 15, 2015

Mark F. Pratt Terence A. Russell

Hill County District Attorney Attorney at Law

P.O. Box 400 1040 E. Elm St.

Hillsboro, TX 76645 Hillsboro, TX 76645

* DELIVERED VIA E-MAIL * * DELIVERED VIA E-MAIL *

RE: Court of Appeals Number: 10-15-00157-CR

Trial Court Case Number: 37,458

STYLE: In re Darrell Curlee

Enclosed is a copy of a letter from the Texas Supreme Court assigning the Honorable Ralph T.

Strother to sit with Justice Davis and Justice Scoggins in the above referenced proceeding.

Sincerely,

SHARRI ROESSLER, CLERK

By: GA/i:b,_W~

Nita Whitener, Deputy Clerk

CC: Hon. A. Lee Harris (DELIVERED VIA E-MAIL)

LT. Butch" Bradt (DELIVERED VIA E-MAIL)

Lyle Vincent Gripp (DELIVERED VIA E-MAIL)

A .~I;RTIFI~P COPY .

~ffi;§T -~ ~ '> ( .2oj£_

~NGELIAORR

C!ISTRICT CLERK

lbl, OOUNTY, TEXAS

IN THE

TENTH COURT OF APPEALS

No. 10-15-00157-CR

IN RE DARRELL CURLEE

Original Proceeding

MEMORANDUM OPINION

Relator's petition for writs of mandamus and prohibition are denied.

ALSCOGGINS

Justice

Before Justice Davis,

Justice Scoggins, and

Judge Strothert

Petition denied

Opinion delivered and filed June 11,2015

(OT06)

1Ralph T. Strother, Judge of the 19th District Court of McLennan County, sitting by assignment of

the Chief Justice of the Texas Supreme Court pursuant to Section 74.003(h) of the Texas Government Code.

See TEx. Gov'r ~~~~~~~~~-'LU.~

1·1Lt:: CUJJY

2015 Jm: 15 Mi IO: 32

I

TENTH COURT OF APPEALS

Chief Justice I

McLennan County Courthouse

Tom Gray 501 W ashirlgton A venue, Rm. 415

I

Clerk

Justices Waco, !Texas 76701-1373 Sharri Roessler

Rex D. Davis Phone: (254) 757-5200· Fax: (254) 757-2822

AI Scoggins

June 11,2015

Mark F. Pratt Terence A Russell

Hill County District Attorney Attorney at Law

P.O. Box400 1040 E. Elm St.

Hillsboro, TX 76645 Hillsboro, TX 76645

* DELIVERED VIA E-MAIL * *DELIVERED VIA E-MAIL*

RE: Court of Appeals Number: 10-15-00157-CR

Trial Court Case Number: 37,~58

STYLE: In re Darrell Curlee

The Court this day issued an opinion and judgment in the above referenced cause. TEx.

R. APP. P. 48.

Sincerely,

SHARRI ROESSLER, CLERK

CC: Hon. A Lee Harris (DELIVERED VjiA E-MAIL)

L. T. Butch" Bradt (DELIVERED VIA

I

E-MAIL)

Lyle Vincent Gripp (DELIVERED VIA E-MAIL)

A cERTIFIED coP:; / j

ATIEST ~ ,- .;> , 20Jr_

ANGELIAORR

rex

"oiSTRICT c4ERK

.HILL COUNTY.

BY

.· .

··-----·--·------

BE IT REMEMBERED:

THAT at the term of the Honorable Court of Appeals for the Tenth District of the State of

Texas, begun and holden at Waco on the 1st day ofJanuary, 2015, present Justices REX D. DAVIS

and AL SCOGGINS and Judge RALPH STROTHER

In the cause

No. 10-15-00157-CR

IN RE DARRELL CURLEE

Original Proceeding

the following Judgment was entered on the 11th day of June, 2015:

"Came on to be heard the original Petition for Writ of Mandamus filed in this Court on May

5, 2015, by Relator Darrell Curlee, and the same having been considered, because it is the opinion of

the Court that the Petition for Writ ofMandamus should be denied; it is therefore ordered, adjudged

and decreed that the Petition for Writ of Mandamus be, and hereby is, denied. It is further ordered

that the Relator Darrell Curlee, pay all costs in this behalf expended and incurred in this Court."

I, SHARRI ROESSLER, Clerk ofthe Court of Appeals for the Tenth District ofTexas, at the

City of Waco, hereby certify that the foregoing is a true copy of the Judgment entered herein by this

Court in the above entitled and numbered cause as appears of record in Minute Book 13, Page 519.

IN WITNESS WHEREOF, I hereunto set my hand

and affix the seal of said Court at Waco, this 11th day

of A.D. June 2015.

Sharri Roessler, Clerk

By: di:J::L w~

Nita Whitener, Deputy Clerk

··"

.- - .. ·-·- . ---------------------

.... ... ~ .... ~-"

·c~)

'I -·

CAUSE NO. -sJ ~58

THE STATE OF TEXAS VS. DARREL ALLEN CURLEE

CHARGE: AGGRAVATED ASSAULT WITH A DEADLY WEAPON

b~SAJJLLTHREALW!I!!A PEADIY WEArPN

IN THE NAME AND BY AUTHORITY OF THE STATE OF TEXAS:

·'

THE GRAND JURY, for the County of Hill, State of Texas, duly selected,

empaneled, sworn, charged and organized as such at the JULY/DECEMBER term, A.D.,

2012 of the 66th Judicial District Court for said County, upon their oaths present in and to

said court at said term that DARREL ALLEN CURLEE hereinafter styled Defendant. on or

about the 15TH DAY OF JUNE 2012 and before the presentment of this indictment, in the

County of Hill and State aforesaid, did then and there unlawfully, intentionally or knowingly

or recklessly cause bodily injury to Christopher Jordan Wally by cutting him with a knife,

and the defendant did use or exhibit a deadly weapon during the commission of the assault,

to-wit: a knife, that in the manner of its use or intended use was capable of causing death or

serious bodily injury.

And it is further presented that ior to the commission of the primary offense by the said

Darrel Allen Curlee, to-wit: on th 25th day of February 1983, in the District Court of San

Miguel County, New Mexico inCa e No. 81-73-CR on the docket of said Court, the said

Darrel Allen Curlee, under the name o Darrerll Allen Curlee, was duly and legally convicted

in said last named Court of a felony, to it: Second Degree Murder upon an indictment then

legally pending in said last named Court nd of which said Court had jurisdiction; and said

conviction was a final conviction and was conviction for an offense committed by him, the

said Darrel Allen Curlee, prior to the commis ion of the primary offense.

'

•

•

And it is further presented that before the commission of the primary offense and after the

1

conviction in Cause No. 81-73-CR was final, the defendant, Darrel Allen Curlee, committed

the felony of B glary and was convicted on the 9th day of May I989 in the Seventh Judicial

District Court of an Juan County, Utah, in Cause No. 767.

And it is further pre nted that on or about the 15m DAY OF JUNE 2012 in the County of

Hill and State of Tex , the defendant, DARREL ALLEN CURLEE, did then and there

intentionally or knowin ly threaten Jerry Wayne Vessells with imminent bodily injury by

attempting to cut and/or b him with a knife and the defendant did use or exhibit a deadly

weapon during the comm is ·on of the assault, to-wit: a knife, that in the manner of its use or

intended use was capable of c using death or seriotis bodily injury.

And it is further presented that p ·or to the commission of the primary offense by the said

Darrel Allen Curlee, to-wit: on the 5th day of February 1983, in the District Court of San

Miguel County, New Mexico in Cau e No. 81-73-CR on the docket of said Court, the said

Darrel Allen Curlee, under the name o Darrell Allen Curlee, was duly and legally convicted

in said last named Court of a felony, to- it: Second Degree Murder upon an indictment then

legally pending in said last named Court d of which said Court had jurisdiction; and said

conviction was a final conviction and was a onviction for an offense committed by him, the

said Darrel Allen Curlee, prior to the commiss n of the primary offense.

And it is further presented that before the com 'ssion of the primary offense and after the

conviction in Cause No. 81-73-CR was final, the endant, Darrel Allen Curlee, committed

the felony of Burglary and was convicted on the 9th day of May 1989 in the Seventh Judicial

District Court of San Juan County, Utah, in Cause No. 767.

Certification of Defendant's Rigbt of Appeal

No. :JJ 1'-\S!

The State ofTexas In the \ \~ Court

v. of

Ci,.c- c~\ \ (~,\-!(~ ~ ~, ~ \

~~--"-'--~'------County, Texas

Defendant

TRIAL COURT'S CERTIFICATION OF DEFENDANT'S RIGHT OF APPEAL•

I, judge of the trial court, certify this criminal case:

Dis not a plea-bargain ease, and the defendant has the right of appeal. [or l

Di• a plea-bargain case, but matters were raised by written motion filed and ruled on before trial and not withdrawn

or waived, and the defendant has the right of appeal. [or]

Dis a plea-bargain case, but the trial eoun has given permission to appeal, and the defendant has the right of appeal.

[or]

" i ; ] i s a piea·barxain ca , nd the defendant his N 0 right of appeal. [or]

I have received a copy of this cenification. I have also been infonned of my rights concerning any appeal of this

criminal case, including any right tO file a prose petition for discretionary review pursuant to Rule 68 of the Texas

Rules of Appellate Procedure. I have been admoni5hed that my attorney must mail a copy of the court of appeals's

judgment and opinion to my last known address and that I have only 30 days in which to file a prose petition for

discretionary review in the Coun of Criminal Appeals. TEX. R. APP. P. 68.2 I acknowledge that,!{[ wish to appeal

chis case and if l am entitled to do so, it is my duty to inform my appellate attorney, by written communication, of

any cb&nge in the addres5 at which I am currently living or any change in my current prison unit. I understand tbat,

because of appellate deadlines, if I fail to timely inform my appeUate attorney of an change in my address, 1 may

l the opportu · fil{;pro "/)tition for discretionary review.

~~~~A~.~ .

e ndant e ndant's Counsel ~\-e.G~; q~

Mailing Address~~ \ Sta~e. Bar ofTexas ID numbe_r (')~ ~ O<:;::J(,

Telephone number: MaJhng Address: \OO N"':' \j. +(\\<J''.

Fax number (if any) Telephone number: ~ , _

~ '::> '-~- \\ \ (

1

Fax number (if any):

• u A defendant in a criminal case has the right of appeal under these rules. The trial coun shall enter a

certification of the defendant's right to appeal in every case in which it enters a judgment of guilt or other

appealable order. In a plea bargain case-· that is, a ca!IC in which a defendant's plea was guilty or nolo

contend~:~r~:~ and the punishment did not exceed the punishment recommended by the prosecutor and agreed

to by the defendant·· a defendant may appeal only: (A) those matters that were raise:d by written motion

filed &lid ruled on before trial, or (B) after getting the trial court's permission to appeal." TEXAS Ruu: Of

APPELLATE PROCEOURF. 25.2(a){2)

STATEMENT OF FACTS FOR.c\1

TO: Q[RECTOR, BUREAU OF CLASSIFICATO:.I

TEXAS DEPARTME~T OF CORRECTIONS

BOX99

HUNTSVILLE, TEXAS

FROM: NICOLE CR.AlN, PROSECUTfNG ATTOR.i'IEY

HILL COUNTY, TEXAS

Cause No.: 3¥£5: <g

Name of Inmate: }) i.cz.u\\ l)Je,fe. .-e

Date of Sentence: :) t~ \\ot6 lz:5 Penal Code: _ _..~~:::..::..'-->00""-'~=--

1. Statement of offense or offenses (including time, date, place, manner in vvhich

committed, mitigating or aggravating circumstances).

!~N~~J:~!'~~~n "tit~~

2. 0:ame of co-defend ts, disposition of their cases

.J. Name and addresses of injured party, value of property stolen or the amount of

loss sustained by injured paftiJ. Was stolen property returned to owner without

loss?~~~~ ?Ja~

4. Other cases again -r det~ndant, dismissed or pending:

Prosecuting Attorney

Hill County, Texas

Incident Report #2012181816

HILL COUNTY SHERIFFS OFFICE

SHERIFF JEFFREY T. LYON

406 HALL STREET

HILLSBORO, TX

TEL 254-582-5313

FAX. 254·582-3848

sheriff@co.hill.tx.us

/Event Info

Date Reported Time Reported J'_hne ·Pispatched · time Arttved Time Completed

06/15/2012 21:09 21:09 21:11 22:10

Addr. Of Occ. City' District Grid Shift

322 CR 3108 HILLSBORO H 8

How Reported Dispatch. Disposition

911 OR

Synopsis ·· ..

CALL TYPE: ASSAULT

Dispatch Notes

CURLEE IN CUSTODY 6/15/2012 9:14:02 PM

HEMS ENR TO SCENE 6/15/2012 9:16:26 PM

109 HAS RECOVERED WEAPON, IS SECURED IN HIS VEHICLE FOR EVIDENCE 6/15/2012 9:30:31 PM

Agency1 Event StatUs/Dis po E~tStatus/Dlsp Initial Investigator

HCSO CLEARED ADULT 06/1512012 BARNES, HUNTER

ARREST

§ssificatlon

------------~----------~

Classification Info COMPLETED

Class S.ubclass.

ASSAULT AGGRAVATED ASSAULT, NONFAMIL Y, KNIFE/CUT INSTR

EventMO

Hate/Bias Motivation Domestic VIolence Premise Auto Weapon Indicator

NONE N OTHER LOCATION N

Type WeapJForce S1.4spectad Using

KNIFE/CUTTING INSTRUMENT NOT APPLICABLE

[ Arrested._P_e_rs_o_n_.& - - - - - - - - - - - - - - - · - - - - - - - - - -.. ---·--·--·--·-]

Arrestee Information

Name Type ~~me

ARRESTEE CURLEE, DARREL ALLEN

Address City Stat& DLNo OLStata

804 S. 3RD ST, LOT #6 GRANDVIEW lX 04173584 lX

DOB ~EX RACE EO HT WT

10/30/1946 M WHITE NON-HISPANIC 600 200

HAIR EYES

Incident Report • Page 116

GRY BLU

Arrestee Details

Charge Code Charge D~crl~ion Charge Dispo

22.02(A)(2) AGG ASSAULT W/DEADL Y WEAPON ARRESTED

22.02(A)(2) AGG ASSAULT W/DEADLY WEAPON ARRESTED

Ref Date ArrTime Arrf3y ArrAgency Arrest Location

06/15/2012 10:00 BARNESH HCSO HCR 3108 AND HCR

3121

Type Arrest Anne,dWitf1

ON-VIEW ARREST LETHAL CUTTING

INSTRUMENT

[suap~cts . ·---------~­ --------------------------1

I

suspect Information

Name Type Name

SUSPECT CURLEE, DARREL ALLEN

Relationships

ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT INSTR

Address City State DLNo DLState

804 S. 3RD ST, LOT #6 GRANDVIEW 1X 04173584 1X

DOB sex RACE EO HT WT

10/30/1946 M WHITE NON-HISPANIC 600 200

HAIR EYES

GRY BLU

Suspect Information

Name. Type Name

SUSPECT CURLEE, DARREL ALLEN

Relationships

\ ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT INSTR

Addre$& City. State DLNo DL State

804 S. 3RD ST, LOT #6 GRANDVIEW lX 04173584 lX

COB· s~ ~­ EO HT WT

10130/1946 M INHITE NON-HISPANIC 600 200

HAIR EYES

GRY BLU

~i_m_s____________________________________ _____ j

Victim Information

Name Type Name

VICTIM WALLY, CHRI~TOPHER JORDAN

Relationships

ASSAULT/AGGRAVATED ASSAULT, NONFAMIL Y, KNIFE/CUT INSTR

Address City State Zip COB

164 REAGON RD WHITNEY lX 76692 03/13/1994

SEX- RACE EO HT WT HAIR

Incident Report - Page 2/6

-------~------··

' M WHITE NON-HISPANIC 604 185 BRN

Res Phone

(254)479-1296

Victim Details

Type VIctim Aggravated Assault/Homicide Circumstances

INDIVIDUAL OTHER CIRCUMSTANCES

Type InJury

APPARENT MINOR INJURY

Victim Information

Name Type ~arne

VICTIM VESSELS, JERRY WAYNE

Relationships

ASSAULT/AGGRAVATED ASSAULT, NONFAMILY, KNIFE/CUT lNSTR

Address City State Zip SSN

322 HCR 3108 HILLSBORO lX 76645 XXX-XX-XXXX

MlsciDNo DLNo OLState 008 SEX RACE

7035 lX-16098630 lX 01/03/1977 M WHITE

EO tfT WT HAIR EVES Res Phone

NON-HISPANIC 600 170 BRO BRO 254-266-0133

Occupat,ron "ar(~J $jatus R.!lsld Status POB

CONSTUCTION MARRIED RESIDENT UGOTE, TX

Victim Details

Type Victim Aggravated Assault/Homicide Circumstances

INDIVIDUAL OTHER CIRCUMSTANCES

Type Injury

NONE

~_a_rt~y-·__________________________________________________,___________

RPTG PARTY Information

NameTy.pe Name

RPTG PARTY VESSELS, SHEILA

Address City State Res Phone

322 CR 3108 HILLSBORO lX (254) 266-0487

IProperty ~

L _ .- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · - - - - - - - - - - _j

EVIDENCE

Date Reported Status Evidence Item No. Property Type Color

06/1512012 EVIDENCE IN 2012181816-1 WEAPON, NON BLK/ Sll

CUSTODY FIREARM

Brah.d Property Quantity

EMIRIL 1

[~ehlcle

l

__ .I

Record Type - IMPOUNDED

Incident Repor1 - Page 3/6

'

'

Date Reported Status

e UCPiateNo State Vehicle 10 No

06/16/2012 POLICE TOW 207XPM 1X 1G4HP54K214208555

Year Make Model Style Color

2001 BUIC 4-DOOR PC TAN/fAN

Comments

BIG DADDYS WRECKER SERVICE

lr'~

JaJOra. -

t_ ive

--· - - - - - - - · - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - · . .1

I

Written By:

BARNES, HUNTER

On 06/15/2012 at approximately 9:09P.M. SGT.Bames and Deputy Sanchez were dispatched to HCR

31 08 in reference to an Aggravated Assault. Dispatch stated that the suspect had possibly stabbed two

victims with a knife, and that the suspect was in the roadway. Dispatch al.so stated that the suspect who was

an older man was driving a Gold Buick passenger car. Dispatch stated that the caller advsied that the suspect

was trying to get her 16 year old daughter.

Deputies arrived on location and observed a Gold in color Buick four door passenger vehicle in parked with

the driver side door that was open, and a white male who was later identified as Darrel Allen Curlee (W!M

10/30/46) sitting in the driver seat. SGT. Barnes observed that as he activated his overhead red and blue

lights, the brake lamps carne on the vehicle. With the information that was provided from the caller and that

it was unkown if Curlee was still armed, SGT. Barnes via his patrol units P.A. system was able to get Curlee

out of the vehicle and on the grotmd where he was safely detained.

Deputy Sanchez remained on location with Curlee who appeared to have an injury to his right eye until

Hillsboro Fire and EMS arrived to treat Curlee who later refused transport.

SGT. Barnes went back to the complainants residence located at 322 HCR 3108 and made contact with the

caller who was identified as Shiela Vessels (W/F 0 l/28/77). Sheila stated that her 16 year old daughter

Megan Vessels (W!F 06114196) was walking with some friends down the road, and that an older white male

(later ID as Curlee) attemtped to get Megan and possibly try to rape her. Shiela stated that Megan called her

and was crying as she was telling her what happened. SGT. Barnes asked Megan if Curlee ever touched her or

grabbed her, she stated no he didn't, he only was making comments towards her and repeatedly kept saying

"hey girl". Megan stated that the man (Curlee) then got out ofthe car and started towards h_er and attempted

to grab her, at which point (Jordan) also known as Christopher Jordan Wally (W/M 03/13/94) stepped

between her and Curlee and told him to quit. Megan stated that Curlee then pulled a knife out on Jordan, who

in return hit Curlee and she took off running and called her mother. Mega~ stated that her dad was able to get

the knife away from Curlee.

SGT. Barnes then spoke with Christopher Jordan Wally (W/M 03/13/94) (victim #1) who stated that they

were walking down the roadway throwing rocks and running, when they passed the Gold vehicle, they turned

back around to head back home and that there was a man standing outside of the car at this point. Wally stated ,

at this point the man (Curlee) went after Megan and tried to grab her, in which he couldn't allow to happen so

he attempted to stop him, when Curlee pulled a knife on him and said " you pussy's want some". Christopher

stated that the man (Curlee) then cut him with the knife so he in self defense hit Curlee twice and pushed him

to the ground at which point he left to go back to the house.

SGT. Barnes observed a small minor cut on the left shoulder and left chest of Christopher where he advised

Incident Report - Page 4/6

..

· that he was cut by Curlee. SGT. Barnes captured digital images of the injury.

SGT. Barnes then spoke with Megan1s Father, who was identified as Jerry Vessels (W/M 01103/77)

(victim#2). Jerry stated that Megan called his wife saying that there was a man that was trying to attack her

-and was saying nasty things to her and Jordan. Jerry stated that Megan advised that Jordan Wally was trying

to keep the man (Curlee) from getting Megan. Jerry stated that he then left his residence at 322 HCR 3108

and ran as fast as he could to stop things from getting worse.

Jerry stated he got there and asked what was going on, and the man that was on the ground pulled a knife and

came towards him trying to cut him. Jerry stated that he at this point did strike the man and was able to get

the knife away from him and returned to his residence and waited on Deputies to arrive.

SGT. Barnes took possession of one Black handle with metal blade knife and captured digital images. SGT.

Barnes later secured the knife that was used in the offense into the evidence lockers at the Hill County

Sheriffs Office.

Hillsboro Fire and EMS checked all subjects involved in which all including Curlee advised they didn't want

to be transported to the hospital.

an

Both Jerry Vessels and Christopher Jordan Wally were provided affidavit of complaining witness form in

which they both showed the desire to prosecute Curlee for Agg. Assault with Deadly Weapon(knife). SGT.

Barnes also obtained voluntary statements from Wally, Jerry Vessels, and Megan Vessels as to the events in

which they happened.

SGT. Barnes asked Curlee to provide his side of the story, at which point he stated he never had a knife, then

said he did have a knife in which he did pull out but doesn't remember trying to stab anyone with it. Curlee

stated that he thought he pulled the knife because he thought that the kids were going to hurt him.

With the evidence that was gathered on location and witness statements gathered, it was determined that

Curlee did then and there while being located in Hill County, Texas commit two seperate offenses against

two seperate victims of Aggravated Assault with a Deadly Weapon. Curlee was hit by the victims in self

defense to prevent Cudee from stabbing them.

Curlee was then transported to the HCLEC without further incident

[supplem~ntal Narrative

------~

Date.Written: Wrttten·.By:

06/16/2012 SANCHEZ, ALBERTO

On 06-15-2012 at approximately 9:09pm I, Deputy Albert Sanchez along with Sgt.H.Barnes were

dispatched to 322 HCR 3108 in reference to an Aggravated Assault. HCSO dispatch advised that a male

subject had possibly stabbed two victims, advised that he was out by the roadway.

Deputies observed a W/M later identified as one CURLEE, DARREL ALLEN (WIM 10-30-1946) sitting

in his Gold Buick 4 door passenger vehicle bearing Texas LIP 207 -XPM just past HCR 3121 right before

the Hill College Rodeo grounds.

CURLEE was detained until the incident could be investigated. I observed CURLEE to have dried blood on

Incident Report· Page 5/6

j ... 0

'his right eye and some on his body. CURLEE was not wearing a shirt, had jeans on and boots. CURLEE

appeared to have an injury to his right eye. ·

CURLEE advised that he had stopped on HCR 3108 and was fixing himself a sandwich and was drinking

water. He advised that before he knew it that he had been jumped by some people down the road. He advised

that he did not know why he got jumped and assaulted. I remained on scene with CURLEE while Sgt.H.Bames

went back to 322 HCR 3 I 08 to speak with the complainants and get written statements in reference to the

incident.

Paramedics arrived on scene and attended to CURLEE. He later refused transport to the hospital.

Sgt.H.Bames was provided with written statements in reference to the assault by two separate victims.

Sgt.H.Barnes placed CURLEE under arrest for aggravated assault with a deadly weapon times two. CURLEE

was transported to HCSO jail where he was booked in. End of report.

A.S.

IGraphics

IAttachment List

Attacltment TIUe. eate Entel'&d Entered By · FileName

2012181816 CURLEE 06/1612012 BARNESH 2012181816lMPOUND SHEET CURLEE.POF

2012181816 CURLEE 06/1612012 BARNESH 20121818162012181816 CURLEE.PDF

ICase Manag~ment _j

~.----~----~--------------------------------

Initial Investigator EventStatusJDispo Event Status/Dispo Date Report Status

BARNES, HUNTER CLEARED ADULT ARREST 06/1512012 APPROVED

Approved By Solvability PercE!otage

BARNES, HUNTER 0.00%

Incident Report - Page6/6

vs.

Q

,,

\.

C'l c (S' ' \

c (\ .

~}...' \~'Z

O£STRICl'COURTOF

HILL COUNn'. TEXAS

..

WAIVER OFTIUAL BY JURY AND OTHER MA1TE8S

. Cameaowfttedefeada~~ ()o..(' (e_\\ c'-'- ( \0 -£ ,OQ I l "?:1\ .~o \~

the above styled and a umbered cause 1a opea. Court a ad before havi~gpled to the indidatent herdu., ann.ouoces

Ia.

that deCeadant will piad guilty to said charge a ad herebyreque$ts the coasen.t aCJ,d approval o(the Caul-t a ad or

~ actoraey for dle State that defendant may mive the right to trial by jury herein and 'd~ upon the co nseot or

1

the Coun aud State s A«orueyy waive trial by Jury and eater hlslher plea of guilty; and defendant aad hlslher

auoraey waive the 10 day waltlag period for trial aftet appointment of counsel; u11der Article l1.1B Ca the

dd'eudaa.t aad the aUorney l"epr'e$elltlng the state ao.d the attorney representing the defeadaat file this their

writtea. coueat tO the use or d.Gsed clrcutt video taecoafecucla.g, iC applkabfe, aad stipulate aUprerequ lsltes o(

!r::rr;~

Defeudaot

.~

AUomey for lh.e Defeadant

. · Befoce file sald de!eadaac a.tea hlsJher- plea hereln, the .above m.atten aa.d requeSts o( tbe defend.aat

herei11. are her6Jy coaseated to; and approved by me. the .attorney r-epresea.tln~e State herein..

\(\l~. ~

D~iney, Hili County, Texas

Th~ aboveud foreg<~iag applicatioa oft.&.ede~daat and approval of the districtat~y h~ having

dul co by the Cocut and It appeario.g to the court that the defe~daa.t is hereia charged witb a

-"--.-.~=:oo~"--.;....,~---.J that the defeodant is repceseuted by eoullSel, and that ~c attorney

ela hu given the coa.seet and approval to same, that deCeudant aad his attorney have

period Cor erial after appolatmea.t o( counsel, eCore consent aod approval o( the

aad aU ot.&.cc .utters aa appUcabl re •P·Dr!CWC.O:

AGREEMENT TO STIPULATE TESTlMONY

Said defendant, defendant's counsel, and the State's Attorney do hereby eater into aa. agreement that the

deCendaat waives the appear-a nee, coafron.tation, and cross es:aminatlon o( witnesses i.o. the above entitted and

nurub«ed cause and agrees that tb.e testiro.ony oC said ~tnes:ses. may be stipulated into the record by the State's

Attorney, such testimony being the same as testifying under cath :~utd the defendant farther consents to the

iD.troductloll or testlmoay by affidavit, written statements or witnesses, :and all other documcn.t.ary evidence tha(

may be introduced by the Stale, snd w.aiV'es the filing o .alhucb. testimony~ affidaV'its and statements alllong th~

~CkP~

EFENDANT .

0

BY

e

Cause No. ~'1. ,'-\~~

THE STATE OF TEXAS §

vs. §

Oc, r \5L_ \ \ chl-, \~~ § HILL COUNTY, TEXAS

WAIVER OF TX C.C.P., ART. 39.14 ADDITIONAL DISCLOSURES,

Comes now the defendant and hereby waives any additional right to inspection or copying of discoverable items

in the State's possession as pennitted by Texas Code of Criminal Procedure article 39.14, other than to the State's

continuing duty under article 39.14(k), as well as under the United States and Texas Constitutions, to provide

exculpatory, impeachment. or. mitigation evidence tending to negate the defendant's guilt or tending to reduce his

punishment for the charged offense. My attorney has fully and completely explained to me my right to further discovery

pursuant to article 39.14, and I understand that right. I am freely, knowingly, and voluntarily waiving that right after

my attorney has fully infonned me of the consequences oftbis waiver. I am waiving the right to additional discovery in

order to accept the State's recommended punishment. I am choosing to agree to the State's recommendation of my own

volition because l believe it is in my best interests to accept the agreement after receiving the full advice of counsel and

explanation of ?I' righ~ n

1,1.aAJ.Yf!.C~

efendant

1.h\

Date

\ll

Defense A orne (print)

~

Date

This document was executed by the defendant, defendant's attorney, and then fl.}ed with the papers of the case.

The defendant came before me and I approved the above waiver along with the defendant's plea of guilty or no contest.

After I admonished the defendant of the consequences of his waiver, I ascertained that defendant entered it knowingly

and voluntarily after discussing it with defendant's attorney. It appears that the defendant is mentally competent to

waive any additional discovery, and is doing so freely and voluntarily. 1 find that the defendant's attorney adequately

informed defendant of his article 39.14 ri ts a the effects of this waiver.

Signed this __j_ day of , ·LA/ )~

STATE OF TEXAS § IN THE 66TH DISTRICI'

vs. § COURT OF

Do- \ '{>___ \ \ C.v- (' \£_~ § BILL COUNTY, TEXAS

WAIVER OF PRE-SENTENCE INVESTIGATION

Now comes Q

G ( c.o \\ G 5 r l1-E.'R , Defendant and waives a pre-

sentence lnvesdgadon in the above captioned cause, Code of Criminal Procedure

42.12, Section 9.

Signed this_ day o( · 20_.

~~A.~

Defendant

\

A CERTIFIErOP~

ATTEST . ,. I .20_}_;f_

ANGELIAORR

DISTRICT CLERK

f'\1illl COUNTY. TEXAS

BY I \.

·'

'

SI'ATE OF TEXAS § lN mE 66nl JUDICIAL

vs. J DISTRICT COURT OF

~\<;"(2 \\ § HILL COUNTY, TEXAS

CQURT'S APMQmSHftiENJ' TO DEf'ENDANT

11ae Co11rt, prior tG acceptlaj the ~e IWDtCl Defcadaat'r plea Ia. this cause. admocablaes uicf Def'eaclaat,

. . \_ . (l) ~ raJIIt . or paltlaaeat .. · for tile otreaH of A ~ A~S:;,._ u_ \-J.

U ) '"" \\ o..do~\, l'<QoJ;;)f'•sECOND DEGREE, wbkb b all'ELONY, alleged Ia. dais cause lshable by .

can.c.-.t la O.e doul ioa. ofdae Departtaeat ofCrlmlaal.JIIfdce for a t.ena o(aot IIUIR daaa. Cftllty (20) yean

or lesl Uaaa two (l) yean; ha additioa tG lmpriloa.eat, aalacliYidldl.Sjaclgedpllty ofa feloDy of file MCOild clecne may be

paalsfled by a fiae aot to o:c:eed SlO,I;)OO.

(l) A.Jty n:eommeadatloa of the prosect~dq attoney u eo paais.haaeat b caot bla.dlaa oa tl&e Court. ud tbe Court

1111.y set pcsaiskmeat wWIIa tile I'UI' recited above; ·

(J) Uyoo 1111d JUUr a~raey ltave reached a plea barpln with tfte proseeuda.gattorMy1die Court will lalorat you tr

It .cceptJ or rejects 111ch agriemea.t Wore aay fiadlag oa your plea. [{ the Court rejects the plea bupia. you wiU be

permitted to withdraw yoar plea or pllty or nofo c:onteedere;

(4) A plea of.aolo coatendcrc (or "ao eoate$t") has the ume legal efl'ect Ia this uiminal case as a plea of guilty;

(5) (f the paa1shateRt assessed does aot a:ceo4 the pua.lsbmeat reeommeaded by Che ptoSeWtlag attorney aad agreed

to by yea aad your actontey, tb.is Court must give its permissioa to you before you may prosecute an appeal to a ltigfler court

ott any auttcl' ill this case except for Chose matten ratted by written motioat filed prior to trial;

(6) [(you are 11ot a dtizea of the United Stata of America. k Is presumptlvcly mandatory arul vlrta.ally eertaiu nQder

federal law Chat a plea of guiUy 0(' aolo coa(CIId~e tor this otreue wtU resalt io deportatioa, the c:xdiUioa &o.n ad miss lou to

ttlil eocaat.ry, or tbe deo.lal of aaturallmtioa uader federal law. CoaQCI for defenclaa.t certifies tllst proper legal advice about

the adverse COIISCqueaccs of such a plea lw beea provided to tiN defeaclant prior to the plea h.erein.

(7) Uyoa are coavic:ted of a a o((eu.se lovolving violeac:c: whece you are or were a spouse, intimate partaer, pareat, or

guard faa of~e vktha or are or wa-e iovolved in aoothu, similar relatioosblp with the victim, or aala'Wfidly po:rse:su fit'earm,

• felotly, it wocdd be uobwful for you to possess or purchase a firear~no lndudlog a handgun or loag guo. or ammunition,

pursuaaUo f~f law aader 18 U.S. C. SecCloo 922(gl{91 or Sectioa46.04(bJ, Teus Penal Code. ({you ban aay questions

wllether these or other applicable laws make it illegal for you to possess or purchase a tlreann, you should coasult an attoruey.

-' {8) You may not be compdC«< to give evidence or testify agaiost yoarself. You have the right to remain siteat and not

kStify. Kowever.lf you. elect to waive these rights and testify, anything you say can and will be used as eviden(e against you.

sgcoND OBGRH£ ::f'Q.n. c:;tO 15 Page 1

'

(9) Wilen Deterred Adjudicatlod Probation ill pated. and ICtlaere Is a later violation of a eoadltioa ofprobatioa.

you lll.lf be arrested aad detained. You d thea be entitled to a hearlag Utnited to the determination ~J' Ur.e Court of'Wfl«her

lt proteedt .ur. aa adJudkatloa of guUt 00 the original ehargr.. No appeal mar be taka~ fn~m thls detennlnatioll. After Ill

adJudicatloa. of pl11y, all proeeeclia:gs., llldudlag IISielllllet\t ofpullftb~t, proa.oanteoleilts ofseatence, graa.dng ofprobafioa,

ud your appeal; if any, eoatfnue u lfefle adjudication of &uift llad ut been defernd, ud the range of pua.isbmca t: for tile

orilfna( charge could then be coaaldeced by the Court and latpOteel on you.

{lD} Uaw HB 1106 oUIIe 26llltg&f.atlvuealoa. you are adcnollirhd, betorebdag pl.ued oa deferred ad}ndJcatica

coauaualty aupen'llloa.lf applicable, ot,Yoar right to petldoa tbe Court far aa order ofllondbdosure. ullless you are lnellglble

to pul'llle ctlat rfP.t becatUC oC: (A) the nature of the oft'eose Cor wbkh you wo~ald be placed oa deferred adjqdicatlon

eommaiiJty supervbloa; or (B) yoar ulmlUJ IJJJtoey.

(11) U'(fait proeeed(q ta(ca place oa or after January 1, 2014, aacf the allqed otrease wu comml((ecf Ott or after

Jacuaary 1, 2014 and before the Court ac:tepCS a plea or guilty or aolo cooteadere. or before trial, each party ackaowledges by

tills wriCing, or oa the record, in open court. that disclosure. mdpt, aa.d a I~ of all documents, lteuu and infon11ation a

reqfdred afldao S81611, 2013 hgislatlve ICI:floa, uaeodlag A.rtldeJ9.l~ CCP,Iw bee4 prO'I'ided die deleadant.

.lO~

APPROVED A.S

JUDICIAL

T OF lULL COUNTY, TEXAS

On tlds the ~ day of ~· lO_, I. (b_f rg_ \ \ .\. \..\ C \s.~ , Defclldallt herein, aad

ll \~ (;-\ p (' , Counsd for the Defeadan.t, hereby cerdty that we flaw receMd. read &lld

uadCI1Uad the foregoing Court'aadmollltloas, are fully aware of the consequeaces of the Defcadaat's plea ill tills case, waive

the Defeadaat'a right to reanaift silent, and ex

SECOND DEGREE :fl:\f.\.~\.S Page2

I

l •.

Caus~ ~o.- 3J \\.\£] ':i

STATE OF TEXAS §

vs.. § DISTRICf COURT OF

Cbs t€...\\ Cu r. \~ ~ § HILL COUNTY, TEXAS

STfPULATION OF EVIDENC~

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW, The State ofTexas, by and through her District Attorney, an.d the

Defea.dant, ( ) u_ \ C' s... \\ C~ ( \9 :±: , in person aa.d by and tht-ough

bis/her attorney, b._,\ \-s G\ \ q ~) ,in open Court stipulates t:o the

fo((owiag facts: ·

At the trial of this ~use the State could and would produce witnesses who would testify

aad establis~ beyond a reasonable doubt, the truth of all of the matedal allegations in the

indictment and/or information and charging instrum.ent herein, (including eo.haacelUent

eharges} and such anegations are in fact tr11e.

SIGNED AND STIPULATED IN OPE~ COURT this ~y of_!lo!:-;z:---"~::....~..J.--

21l}f {

~~

Mark F. Pratt, District Attorney

i1.d2/) ~

Defendant

Nicole Cram., Assistant Distdct Attorney

Attorney for Defendant (if applicable)

. •ri. . . ~~;,.':::f. r),; ·~ r

THE STATE OF TEXAS § IN THE DISTRICT COURT

vs. .§ OF

Q_(\~ \\ Cu <\~--s;_ § HILL COUNTY. TEXAS

ARTICLE 39.14 DISCOVERY DISCLOSURE FORM

The State of Texas and the Defendant in the above styled and nuinbered cause hereby

acknowledge, prior to the Court's acceptance of the Defendant's plea or before trial, the disclosure,

receipt and a list of all documents, items, and information required to be made available by the State

to the Defense.

Said documents, items and information made available to the Defendant include those items set forth

in Exhibit A attached hereto.

SIGNATURES AND ACKNOWLEDGEMENTS

Defendant Represented by Attorney

:::,. I. the Defendant herein, acknowledge that my attorney has explained to me, and provided

me the opportunity to review the above referenced items.

Pro-Se Defendant

I, the Defendant herein, acknowledge that the State has provided me an opportunity to

review the above referenced items.

Defendant's PrinteCi Name

1

..

_

-- · - - ----------------------

.' '

Pursuant to CCP 39.14, by my signature below, I certify, as counsel for the Defendant

that the documents, items, and infonnation set forth above have been made available to

Qle. I understand that non-public information received pursuant to 1J.l4 is not subject to disclosure

· without a Court order. I further understand that I cannot allow the Defendant, witnesses, or

prospective witnesses to have copies of this information other than a copy of the witness's own

statement and before showing this infonnation to' a defendant, I must redact it as set forth in the

statute. I approve and agree to all waivers, statements, and agreements ofthe defendant herein and

ask the Court to accept them and the defendant's plea.

Date

As attorney for the State, I represent that the above referenced materials have been available as set forth

above.

Date MARK F. PRATI, District Attorney, Hill County

By:~

Nl ~SSISTANT D.A., Hill County

The Court accepts these documents as compliance with Art. 39.14 of the Texas Code of Criminal

Procedure.

:r4

/

Signed this 31 day of

2

-------------- -

-------,---------------

I

"·

!-

._I -

DISTRICT ATTORNEY

MARKFPRAIT

66rn JUDICIAL DISTRICT

HILL COUNTY, TEXAS

DEFENDANT'S NAME: DARREL ALLEN CURLEE

CAUSE NO: 37,458

ATTORNEY: LYLE GRIPP

DATE: 3-16-15

REQUEST FOR DISCOVERY

INCLUDED IN DISCOVERY IS THE FOLLOWING

REPORTS AND/OR VIDEO IF APPLICABLE:

1. INDICTMENT- CAUSE NO. 37,458

2. STATE'S ANNOUNCEMENT OF READY -CAUSE NO. 37,458

3. COMPLAINT

4. (10) SETTING ORDERS

5. HILL COUNTY SllERIFF'S OFFICE (HCSO) INCIDENT REPORT #2012181816

6. VEHICLE IMPOUND SHEET .

7. HILL COUNTY ARREST REPORT

8. AFFIDAVIT FOR WARRANTLESS ARREST

9. VOLUNTARY STATEMENT- MEGAN VESSELS

10. AFFIDAVIT OF COMPLAINING WITNESS- JERRY W. VESSELS

11. VOLUNTARY STATEMENT-JERRY VESSELS

12. AFFIDAVIT OF COMPLAINING WITNESS- CHRISTOPHER WALLY

13. VOLUNTARY STATEMENT- CHRISTOPHER WALLY

i 14. HCSO PROPERTY DISPOSITION REPORT

15. LETTER & ENVELOPE FROM DARREL CURLEE TO DAN DENT

16. STATE OF NEW MEXICO CORRECTIONS DEPARTMENT COVER LETTER

17. CERTIFICATION BY THE RECORDS MANAGER, STATE OF NEW MEXICO

18. STATE OF NEW MEXICO JUDGMENT AND SENTENCE

19. (5) BOOKING PHOTOS FROM NEW MEXICO

20. (2) COPIES OF FINGERPRINT CARDS FROM NEW MEXICO PENITENTIARY

21. FINDINGS, JUDMENT AND COMMITMENT FROM STATE OF UTAH

22. COPY OF FINGERPRINT CARD FROM UTAH STATE PRISON

23. CERTIFICATE OF RECARDS AUTHENTICITY, UTAH STATE PRISON

24. BOOKING PHOTO FROM UTAH STATE PRISON

25. LETTER & ENVELOPE FROM DARREL CURLEE TO JUDGE LEE HARRIS

26. LETTER FROM TEXAS DEPARTMENT OF STATE HEALTH SERVICES

27. TRIAL COMPETENCY EXAMINATION

28. EVALUATION BY DR. OLUMUYIWA ABDUL, NORTH TEXAS STATE HOSPITAL

29. LETTER FROM NORTH TEXAS STATE HOSPITAL

30. WAIVER OF APPEARANCE/JURY TRIAL

31. PHYSICIAN'S CERIFICATE OF MEDICAL EXAM FOR MENTAL ILLNESS

32. COMPETENCY EVALUATION

JJ. EVALUATION BY DR. VERL CHILDERS

34. DR. VERL CHILDERS INVOICE

35. LETTER FROM DR. VERL CHILDERS TO JUDGE BOB MCGREGOR

36. LETTER FROM DARREL CURLEE TO JUDGE BOB MCGREGOR'

37. RESPONSE LETTER FROM JUDGE BOB MCGREGOR TO DARREL CURLEE

38. INMATE SICK CALL SLIP

39. LETTER FROM JUDGE BOB MCGREGOR REGARDING MEDICAL EVALUATION

40. ORDER APPOINTING A DISINTERESTED EXPERT TO EXAMINE DEFENDANT

41. INDICTMENT- CAUSE NO. 37,458

42. FAX FROM NICOLE CRAIN TO TERRENCE RUSSEL

43. STATE'S POTENTIAL WITNESS LIST

.f. -· ---

44. STATE'S NOTICE OF INTENT TO OFFER EXTRANEOUS OFFENSES

45. HCSO TRANSPORTATiON MILEAGE REPORT INVOICE

46. COMPENTENCY REPORT FROM NORTH TEXAS STATE HOSPITAL

47. COMPENTENCY EVALUATION

SIGNATURE~

RETAINE~ \

. '.;;

.... J

THE STATE OF TEXAS §

§

v. §

§

DARRELL ALLEN CURLEE § HILL COUNTY, TEXAS

§

STATE ID No.: TX027l7859 §

JUDGMENT OF CONVICTION BY COURT-WAIVER OF JURY TRIAL

Date Judgment

Judge Presiding: HoN. LEE HARRIS Entered: 7/31/2015

Attorney for

Attorney for State: NICOLE CRAIN Defendant: LYLE GRIPP

Offense for which Defendant Convicted:

AGGRAVATED ASSAJLT WITH A DEADLY WEAPON

Charging Instrument; Statute for Offense:

INDICTMENT 22.02 Penal Code

Date ofOffense:

6/15/2012

Degree of Offense: P~ea to Offense: Findings on Deadly Weapon:

2ND DEGREE FELONY GUILTY YES - A KNIFE

Terms of Plea Bargain:

SIX YEARS INSTITUTIONAL DIVISION, TDCJ

Plea to !•1 Enhancement Plea to 2nd Enhancement/Habitual

Paragraph: N/A Paragraph; NIA

Findings on 1st Enhancement Findings on znd

Paragraph: N/A Enhancement/Habitual Paragraph: NIA

Date Sentence Imposed: 7/31/201. Date Sentence to Commence: 7/31/2015

Punishment and Place

of Confinement: SIX YEARS INSTITUTIONAL DIVISION, TDCJ

THIS SENTENCE SHALL RUN CONCURRENTLY.

0 SENTENCE OF CONFINEMENT SUSPENDED, DEFENDANT PLACED ON COMMUNITY SUPERVISION FOR N/A

Fine: Court Costs: Restitution: Restitution Payable to:

$NIA $ 316 $NIA .oo

0 VICTIM (see below) 0 AGENCY/AGENT (see below)

Attachment A. Order to Withdraw Funds, is incorporated into this udgment and made a art hereof.

Sex Offender Registration Requirements do not apply to the Defendant. TEX. CODE CRL\1. PRoc. chapter 62

The age of the victim at the time of the offense was N/A .

lf Defendant is to serve sentence in TDCJ. enter incarceration periods in chronological order.

From to From to From to

Time From to From to From to

Credited:

If Defendant is to serve sentence in county jail or i!l given credit toward fine and cost§, enter days credited below.

1143 DAYS

DAYS NOTES: NIA

All pertinent information, names and assessments indicated above are incorporated into the language of the judgment below by Nference.

This cause was called for trial in Hill County, Texas. The State appeared by her District Attorney.

Counsel/ Waiver of Counsel (select one)

18] Defendant appeared in person with Counsel.

0 Defendant knowingly, intelligently, and voluntarily waived the right to representation by counsel in writing in open court.

Both parties announced ready for trial. Defendant waived the right of trial by jury and entered the plea indicated above.

The Court then admonished Defendant as required by law. It appeared to the Court that Defendant was mentally competent to

stand trial, made the plea freely and voluntarily, and was aware of the consequences of this plea. The Court received the plea and

entered it of record. Ravin heard the evidence submitted, the Court found Defendant guilty of the offense indicated above. In the

presence of Defen ~lllrti'"@?lfl'tol}ounce sen e gainst Defendant.

ATTEST __.K_ - w I .20Jr._

ANGELIAORR

. DISTRICT Qb.SQI(.jdg

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