Appeal Attempts
(Click on highlighted and underlined words for exhibited documents)
 

Larson v. State 890 S.W.2d. 200
Rule v. State 890 S.W.2d. 158
Rice v. State 893 S.W.2d 734
H.E. Rice v. State 96 S.W.3d. 643 (to prove violent)

1)
   A tape recorded and typewritten statement of co-defendant Rule was
heard and read by the jury.  He didn't testify and there was no
opportunity to cross-examine him, which violated Confrontation Clause. 
His statement was declared inadmissible against him at his appeal (see
above citing) and he was given a reversal of his case by Appeals Court
Judges.

2)
   When returning to Jefferson after arrest in Mexico, the townspeople
had put mocking banners across the street saying, "Welcome back Tim and
Lou". It was on all the local TV stations and in all the local
newspapers.  No change of venue was granted. 

3)
   The newspapers recorded the D.A. as requesting a higher bond for
Louanne, stating that she "controlled the flow of events...", before the
trial.  Pretrial opinions in the local paper are cause for change of
venue, which was requested by defense attorneys, but denied. 

Click here to read the article in the Longview News Journal.

4)   The prosecutor told the jury at voir dire, "When you prosecute the
devil, you have to go to hell for the witnesses." Improperly influencing
the jurors.

5)
   Ira Rankin, at voir dire stated he could not make an unbiased
decision.  Defense attorney requested he be stricken from the jury list,
but he ended up being the Jury Foreman.

6)
   The prosecutor held up a pair of mens 32"X32" jeans.  Experts had
testified that whoever had been wearing these jeans had been within 3
feet of the murders, determined by blood spatter on the lower pant
legs.  He told the jury they were found in my closet, though no chain of
custody was evident.  He told the jury I was wearing those jeans. 
Those were not my jeans, nor was I wearing them.  He also said miniscule
blood dots found in my office were the victims', but no DNA was done. 
Blood on the ceiling was there when I bought the club.  If a trace
evidence search was done on the inside waistband of the jeans for sweat
particles, skin particles, etc., it would prove I was not the killer, nor was I there in the room.

 

Louanne's request for DNA testing was denied, which she appealed.  Click on file below to read the reply.

7)
   The tape recording of my statement was altered by the Rangers.  An
expert audio analysis on the tape would prove it.  Nor was the Miranda
Rights read to me on the tape as required by law. 

8)
  The arrest warrant had no probable cause on it.  (See Exhibit A Below)
The Rangers had met with a D.A. in Titus County and were told that they
had no probable cause.  He told them that the best they could do was
obtain a Consent to Search of my apartment.  They knowingly went to
Marion County and intentionally acquired a warrant with no probable
cause.  At trial, the judge said the "good faith" rule applied, but it
shouldn't have, because they were aware that there was no probable
cause.

9)   When Governor Perry made the DNA testing on biological matter
located law in Texas, I filed a motion for DNA testing inside the
waistband of those jeans, but it was denied.  Before the jury came back
with the guilty verdict, they had sent a note to the court requesting to
see those jeans.  The jeans were a deciding factor in the verdict. My
DNA motion was denied.   

 

 See Files Below for Denial of Appeal, Jury Request For Jeans, Evidence, and Jury Verdict.

 

10)  My office ledger that was confiscated by Rangers proved that Eddie did
not owe me any money at all.  It was allowed in as evidence at the first
trial, but not at the second.  It should have been allowed in under the
Business Writings rule.  Evidence favorable to me was suppressed.

11)  The jury was told at the beginning of the trial that it was a murder
charge and there would be a sentencing hearing at the end of the trial
in which they would sentence me.  This is not true.  It was a capital
sentence with automatic 35 flat years on a life sentence.  There was NO
sentencing hearing.  In California, the Federal Courts have ruled that
Determinate Sentencing takes away the sentencing by a jury, and is
illegal.

 

 

Other attempts for legal assistance have also been denied. 

Please see files below right for:

 

UT Law School Letter

Innocence Project Letter

Innocence Project of Texas Letter

 

requestfordnatestingparti.doc
Request For DNA Testing Part I
utlawschoolletter.doc
UT Law School Letter
requestfordnatestingpartii.doc
Request For DNA Testing Part II
innocenceprojectletter.doc
Innocence Project Letter
movantsreplytodenialofdnatesting.doc
Denial For DNA Testing
innocenceprojectcaseclosingletter.doc
Innocent Project Case Closing Letter
exhibita.pdf
Exhibit A
denialforappeal.doc
Denial For Appeal
jurynoterequestingjeansevidence.doc
Jury Request For Jeans, Pictures
juryverdict.doc
Jury Verdict

 Attorney History

    At conviction, my trial lawyer got himself appointed as appellant attorney.  He had  two points of error, which were denied by the Appeals Court.  My family paid Walter Reaves, Jr. $8,000.00 to represent me.  He was hired and paid in full in September 1995.  We didn't hear from him.  Repeatedly we wrote and he told my family he was working on death penalty cases,

but that he would get to
it.  In 1996 the Anti-terrorism Death Penalty Act went into effect. 
Everyone with a capital crime had one

year to file their appeals in Federal Court. 

   Reaves still hadn't filed my appeal in Federal Court, and was still putting off my family's request to file the paperwork.  I ended up time-barred from Federal Court because he filed an 11.07 State Writ April 25, 1997; one year and one day late. 

The AEDPA tolling had begun when my direct appeal was denied by COA in 1995.  Mr. Reaves not only did this to me, but to several more women on this unit.  My family lost their hard-earned money to him and he got me time-barred from Federal Court. 

See below for the following files:

 (Exhibit B), (Exhibit C Part I), (Exhibit C Part II), Letters to Louanne from Walter Reaves, Jr.

 


 

Other Attorney Correspondence

Ebb B. Mobley, Attorney At Law, Longview Texas

 See below for the following files:

DNA Appeal Letter

Extension to File Brief Letter

Evidence

    In trying to locate the trial evidence, I wrote to the

State Crime Lab that had been in charge of the

evidence and asked what they still had.

 

See (Exhibit D Part I) and (Exhibit D Part II) below.

 The D.A. refused to tell me where the evidence is and told the District Clerk in Marion County, "Just stick it in a folder somewhere," when I filed a motion searching for it.

    My mother sent the $15.00 fee to the State Bar of Texas to get James Finstrom's State Bar Disciplinary Report for the time prior to my trial.  He had been a lawyer in Dallas that had suddenly appeared in Marion County and desperately wanted to be elected as D.A. 

He was appointed for my trial
only.  If he got a lot of convictions, he would be elected when the time came for the Marion County citizens to vote.  He lied to the jurors, to the appeals court judges in his briefs, and still to this day fights my attempts for DNA testing.  Twelve pages of State Bar disciplinary guilty findings were sent to me.

 

                      See (Exhibit E Part I) and (Exhibit E Part II) below.

               He took people's money, then didn't represent them.
 

Evidence was sent to the following people/places and I haven't been able to get a response on the evidence location now: 

 

Joseph M. Guilellardo, M.D. Medical Examiner, Institute of Forensic Sciences Medical Examiners Office

5230 Medical Center Drive

Dallas, Texas 75202

214-920-5900

www.dallascounty.org/department/forensics

Evidence was sent here because the small town of Jefferson, TX, has no medical examiner's, forensic doctors, or lab

 

The Texas Department of Public Safety

Crime Laboratory Services

MSC 0460

P.O. Box 4143

Austin, TX  78765-4143

 

They have latent fingerprints and records, plus a plastic bag and other evidence.  They said in 2008 I needed a court order to discover what all is there and it's location:

Evidence # L-221902. 

When I wrote Marion County for a court order, Jim Finstrom told the District Clerk Janie McCay to take my motion and "stick it in a folder somewhere".

 

Evidence at Marion County includes guns, jeans (two pair), sheetrock piece, and other evidence the crime lab in Austin returned to the Sheriff's Office.

 

When I try to find out where/what is at these places, they ignore my letters- even ignoring motions to the Court.

 

 See Letter to further request evidence for DNA testing below.

exhibitb.pdf
Exhibit B
exhibitdparti.pdf
Exhibit D Part I
exhibitcparti.pdf
Exhibit C Part I
exhibitdpartii.pdf
Exhibit D Part II
exhibitcpartii.pdf
Exhibit C Part II
exhibiteparti.pdf
Exhibit E Part I
letterfromwalterreavesjr..doc
Letter From Walter Reaves, Jr.
exhibitepartii.pdf
Exhibit E Part II
dnaappealletter.doc
DNA Appeal Letter
lettertofurtherrequestevidencefordnatesting.doc
Letter To Further Request Evidence For DNA Testing
extensiontofilebriefletter.doc
Extension To File Brief Letter