WRIT NO. TRIAL CAUSE NO.

A-08-5080-4CR

EX PARTE IN THE DISTRICT COURT

Chadrick B. Pate 36TH JUDICIAL DISTRICT

TDCJ ID 01563340 ARANSAS COUNTY, TEXAS

APPLICANT'S SUPPLEMENTAL MEMORANDUM IN SUPPORT OF

APPLICATION FOR WRIT OF HABEAS CORPUS SEEKING RELIEF FROM A
FINAL FELONY CONVICTION UNDER TEXAS CODE OF CRIMINAL
PROCEDURE ARTICLE 11.07 OR FOR ORDER TO VACATE JUDGMENT OF
CONVICTION

TO THE HONORABLE JUDGES OF SAID COURT:

NOW COMES, Applicant Chadrick Pate ,by and through the undersigned Nema

Bardin Petitioner pro se on behalf of Applicant Chadrick Pate in the above titled and

numbered cause and respectfully submits this SUPPLEMENTAL Memorandum In

Support of his Application for Writ of Habeas Corpus as to GROUND ONE.

SUPPLEMENTAL ARGUMENT AND AUTHORITIES GROUND ONE

The state provided no evidence that applicant committed the offense of Murder as

alleged in the Indictment Ex #1 CR pgs. 4 -5 and for which the Jury found him Guilty

Ex #1 CR page 72-73 Jury Verdict Form. Applicant is Actually Innocent both legally

and factually.

1.
The Jury Charge Ex #1 CR pages 60 -71 given to the jury was not authorized by the

indictment. Malik v. State 953 S W 2d 234, 240 Tex Crim. Appeal 1997. The court of

criminal appeals has made clear that under Malik, the indictment is the basis for the

allegations which must be proved and that the hypothetically correct jury charge for the

case must be authorized by the indictment. Gollihar v. State 46 S W 3d 243 , 254

(Tex. Crim. App. 2001) (citing Planter v. State 9 S W 3d 156, 159 n. 5 & 6 (Tex.

Crim. App. 1999).

When a statute lists more than one method of committing an offense and the indictment

alleges some but not all of the statutorily listed methods, the State is limited to the

methods alleged Fuller v. State 73 SW 3d 250, 252 (Tex. Crim. App. 2002)

The statutory elements of Texas Penal Code 7.02 were not plead (alleged) in the

Applicant's indictment. Curry v. State 30 S W 3d 394 404-05 Tex/ Crim. Appeals

2000, A sufficiency of the evidence review are limited to the elements that have been

alleged. Ex #1 CR pgs 4 & 5 The indictment alleged the statutory elements of Texas

Penal Code 19.02(b)(1)&(b)(2) but not 19.02 (b)(3). Further, the indictment omits any

mention of any other potential offenses of or described under Texas Penal Code 7.02

with intent to promote or assist in the offense of murder he solicited, directed,

encouraged aided or intended to aid another person in the offense of murder or had an

agreement to commit murder (conspiracy).

Under Jackson v. Virginia, 443 U. S. 307 ,319.99 S. Ct. 2781, 61 L.Ed. 2d 560

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(1979) the State must prove the statutory elements that it has chosen to allege, not some

other alternative statutory elements that it did not allege. Planter v. State 9 S W 3d

156,159 Tex. Crim. App 1999 (State plead only one of two statutory alternatives for

proving murder for remuneration). Sufficiency of the evidence was measured only by

the alternative that was plead.

It is clear from the face of the trial court's own records that the offense alleged in the

indictment does not authorize the abstract portion of the Jury Charge pursuant to Texas

Penal Code 7.02 given to the Jury and clear from the record that The State did not prove

the elements of Murder alleged in the indictment, and that the Jury Verdict of Guilty is

Unconstitutional, and applicant has suffered a complete miscarriage of justice. It is also

clear that the jury charge instruction pursuant to Texas Penal Code 7.02 was designed

to influence the jury toward an illegal finding of guilt and illegal conviction.

SUPPLEMENTAL PRAYER

Wherefore, Applicant prays for an Immediate Order of Acquittal and Release from

Illegal Confinement and Dismissal of the Indictment with Prejudice

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 CERTIFICATE OF SERVICE

I, Nema Bardin , hereby certify and swear under penalty of perjury that the foregoing

Application for Writ of Habeas Corpus and Memorandum In Support was mailed to The

Aransas County District Clerk's Office at 301 North Live Oak Street, Rockport, Texas 78382

on this ___ day of March 2017.

__________________________
Nema Bardin Petitioner Pro Se

State of Texas
County of Travis

Subscribed and Sworn to me on the _____day of March, 2017.

_________________
Notary of Public

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 CERTIFICATE OF COMPLIANCE

I Nema Bardin Petitioner of the foregoing Supplemental Memorandum in support of

Application for Writ of Habeas Corpus as to Ground One do certify that according to this
computer generated document in Open Office, the word count excluding: appendices, exhibits,
cover page table of contents table of authorities and certificate of compliance and is 632 words
and the total word count with the initial Memorandum word count of 14,352 is 14,984 words.

______________________

Nema Bardin
Petitioner
1801 Westlake Dr.
#112
Austin Texas 78746
512-487-0197

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 INDEX

INDEX .........................................................................................................................i

INDEX OF AUTHORITIES..........................................................................................ii

MEMORANDUM IN SUPPORT OF APPLICATION FOR WRIT

OF HABEAS CORPUS 11.07..................................................................................... 1-3

CERTIFICATE OF SERVICE......................................................................................4

CERTIFICATE OF COMPLIANCE............................................................................5

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 INDEX OF AUTHORITES

Curry v. State 30 S W 3d 394 404-05 Tex/ Crim. Appeals 2000, ..........................2

Fuller v. State 73 SW 3d 250, 252 (Tex. Crim. App. 2002).........................................2

Gollihar v. State 46 S W 3d 243 , 254 (Tex. Crim. App. 2001)..................................2

Jackson v. Virginia, 443 U. S. 307, 319.99 S. Ct. 2781, 61 L.Ed. 2d 560...................2

Malik v. State 953 S W 2d 234, 240 Tex Crim. Appeal 1997.....................................2

Planter v. State 9 S W 3d 156,159 Tex. Crim. App 1999 .......................................2,3

Texas Penal Code 19.02(b)(1)&(b)(2) 19.02 (b)(3)........................................................2

Texas Penal Code 7.02...................................................................................................2,3

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