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Case No. 13-1367-K26A (The Clerk of the ‘convicting court will fill this line in.) IN THE COURT OF CRIMINAL APPEALS OF TEXAS SECOND AMENDED APPLICATION FOR A WRIT OF HABEAS CORPUS SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07 NAME: GREGORY RAYMOND KELLEY. DATE OF BIRTH: ————May 22,1995 PLACE OF CONFINEMENT: Wynne Unit, 810 FM 2821, Huntsville, Texas 7749 _—__— 'TDCJ-CID NUMBER: -1946974______ STD NUMBER: ___50332153____—— a) @) 8 @) Effective: January 1, 2014 it ‘This application concerns (check all that apply): Z aconvietion Ds parole O asentence (mandatory supervision OQ time credit 0 —ont-of-time appeal or petition for discretionary review ‘What district court entered the judgment of the conviction you want relief from? (Include the coust number and county.) sth Judicial Distris lliamson Count s ‘What was the case number in the trial court? 13.1367-K26. ‘What was the name of the trial judge? Honorable Billy Bay Stubblstield —————p47-pepry——— at :20_o'clock-P_M sy WG 28 2017 Distriet Clerk, Witiamean C9 . TH eo © a 8) @) Were you represented by counsel? If yes, provide the attorney's name: _Patricia Cummings and Marjory Bachman ———_____—__—_—-— ‘What was the date that the judgment was entered? Tuly 22.2014 For what offense were you convicted and what was the sentence? Ifyou were sentenced on more than one count of an indictment in the same court at the same time, what counts were you convicted of and what was the sentence in each count? Count 1; 25 years imprisonment without parole ______________— Connt2: 25 : i ‘What was the plea you entered? (Check one.) © guilty-open plea 0 guilty-ples bargain BY not guilty 1D nolo contendereino contest If you entered different pleas to counts in a multi-count indictment, please explain: (10) What kind of trial did you have? G no jury C. jury for guilt and punishment & jury for guilt, judge for punishment (11) Did you testify at trial? Ityes, at what phase of the trial did you testify? ‘Yes, Applicant testified at the guilt/innocence phase of tri (12) Did you appeal from the judgment of conviction? yes 0 no Ifyou did appeal, answer the following questions: (A) What court of appeals did you appeal to? Thi Court of Appeals —___—— (B) What was the case number? 14-1 if (©) Were you represented by counsel on appeal? If yes, provide the attorney's name: Keith S, Hampton (D) What was the decision and the date of the decision? -Eebruary 11.2016 ___ (43) Did you file a petition for discretionary review in the Court of Criminal Appeals? oF yes Ono Ifyou did file a petition for discretionary review, answer the following questions: (A) What was the case number? —PD<0167-16 ——________________ (B) What was the decision and the date of the decision? —May22,2016 ____ (14) Have you previously filed an application for a writ of habeas corpus under Article 11.07 of the Texas Code of Criminal Procedure challenging this conviction? O yes no Ifyou answered yes, answer the following questions: (A) What was the Court of Criminal Appeals’ writ number? as 6) (B) What was the decision and the date of the decision? (C) Please identify the reason that the current claims were not presented and could not have been presented on your previous application. SEES EPC een eps EeePC EEL CC Stet AEE epee ees EEE CEeREEL CELE Seeger ee Do you currently have any petition or appeal pending in any other state or federal court? OD yes no Ifyou answered yes, please provide the name of the court and the case number: Ifyou are presenting a claim for time eredit, have you exhausted your administrative remedies by presenting your claim to the time credit resolution system of the Texas Department of Criminal Justice? (This requirement applies to any final felony conviction, including state jail felonies) Gl yes Ono Ifyou answered yes, answer the following questions: (A) What date did you present the claim? (B) Did you receive a decision and, if yes, what was the date of the decision? Ifyou answered no, please explain why you have not submitted your claim: ay EEE EEH Ee eeb SEES ESE eeEeg ene ELE See cee eee Cee Beginning on page 6, state concisely every legal ground for your elaim that you are being unlawfully restrained, and then briefty summarize the facts supporting each ground. You must present each ground on the form application and a brief summary of the facts. [f your grounds and brief summary of the facts have not been presented on the form application, the Court will not consider your grounds, If you have more than four grounds, use pages 14 and 15 of the form, which you may copy as many times as needed to give you a separate page for each ground, with each ground numbered in sequence. The recitation of the facts supporting each ground must be no longer than the two pages provided for the ground in the form. ‘You may include with the form a memorandum of law if you want to present legal ‘authorities, but the Court will not consider grounds for relief set out in a memorandum of law that were not raised on the form. The citations and argument must be in a memorandum that complies with Texas Rule of Appellate Procedure 73 and does not exceed 15,000 words if computer-generated or $0 pages if not. If you are challenging the validity of your conviction, please include a summary of the facts pertaining to your offense and trial in your memorandum, GROUND ONE: 4 acquit hi f 7 FACTS SUPPORTING GROUND ONE: Shama McCauty offered a daycare service ather home, Applicant, who was finishing out his senior A reasonable jury would acguit Applicant in light of the following new evidence: tI ld (wl because at the time, they had very similar facial features. that he borrowed Johnathan’s “a couple times, | remember, when I had nothing else and everything elsewias dirty,” at night after the children had gone. McCarty. on the other hand, falsely denied he GROUND TWO: faterial sce favorable to Applicant h: discovered rial entitling him to a new trial. FACTS SUPPORTING GROUND TWO: id w first ground for a fof Applicant's tial. ‘That evidence is material and favorable to Greg Kelley. _—_ GROUND THREE: i fi h E t states C : : FACTS SUPPORTING GROUND THREE: lice made no im ion of Greg Kelley. lice made no investigation of Joh the least reliahle evidence, the inconsistent recollections af a4 year old SEE rege eeeE CHE ERC 10 ul ‘GROUND FOUR: ‘Applicant was denied the effective assistance of caunsel under the Sixth and Fourteenth Amendments tothe Constitution of the United States FACTS SUPPORTING GROUND FOUR: Ba a ; ¢ 2 GROUND FIVE: Applicant was deprived of due process under the Sth and 14th Amendments under the Constitution of the United States because the State suppressed favorable evidence. FACTS SUPPORTING GROUND: ‘The prosecution learned from the child that his assailant wore SpongeBob pajamas on March 18, 2014. 14 15 GROUND SIX: icant ied di I nt ndmes 2. Constitution of the United States because he was denied a hearing on his motion for new trial, FACTS SUPPORTING GROUND: jotion for new trial. Ay was entitle caring and was improperly denied the benefit ‘ Cf pee 14 WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANT RELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING. VERIFICATION “This application must be verified or it will be dismissed for non-compliance, For verification purposes, an applicant is a person filing the application on his or her own behalf. A petitioner is a person filing the application on behalf of an applicant, for example, an applicant's attomey. An inmate is a person who is in custody. “The inmate applicant must sign either the “Osth Before a Notary Public” before a notary public or the “Inmate's Declaration” without a notary public. Ifthe inmate is represented bya licensed attomey, the attomey may sign the “Oath Before a Notary Public” as petitioner and then complete “Petitioner's Information.” A non-inmate applicant must sign the “Oath Before a Notary Public” before a notary publie unless he is represented by a licensed attorney. in which case the attomey may sign the verification as petitioner. ‘A non-inmate non-attomney petitioner must sign the “Oath Before a Notary Public” before a notary public and must also complete “Petitioner's Information.” An inmate petitioner ‘must sign either the “Oath Before a Notary Public” before a notary public or the “Inmate's Declaration” without a notary public and must also complete the appropriate “Petitioner's Information.” OATH BEFORE A NOTARY PUBLIC STATE OF TEXAS COUNTY OF — Williamson being duly sworn, under oath says: “Iam —Keith S. Hampton ______» the applicant/ petitioner (circle one) in this action and know the contents of the above application for a writ of habeas corpus and, according to my belief, the facts stated in the application are true.” im DE SAD Signature of Applicant (Pptionpr (circle one) SUBSCRIBED AND SWORN TO BEFORE ME THE 22ND DAY OF AUGUST, 2017 ire of Notary Pub) 16 PETITIONER'S INFORMATION Petitioner's printed name:__ Keith S, Hampton State bar number, if applicable: __ 08873230 Address: 103 Nueces Street é Austin Texas 79701 ___— BEEP EEE eee eee eee eeeseeeeeeeereeeeeeeeeeeeeey Telephone:_512-476-8484(0}: 512-762-6170 (c) Fax: 512-477-3580 INMATE’S DECLARATION L , am the applicant / petitioner (cirele one) and being presently incarcerated in declare under penalty of perjury that, according to my belief, the facts stated in the above application are true and correct. Signed on 220, Signature of Applicant / Petitioner (circle one) 7 PETITIONER’S INFORMATION Petitioner's printed name: —Keith S. Hampton Address: ________1103 Nueces Street —______— EEA Pee eee eee Eee ‘Telephone: 512-476-8484 Fax: 512-477-3580 Signedon “Arye 22,2017. 4 Signature of Petitioner 18