Transcript
No. ____________ EX PARTE
§ § § § §
JEAN VALJEAN, PETITIONER
IN THE DISTRICT COURT OF HARRIS COUNTY, TEXAS 999th JUDICIAL DISTRICT
APPLICATION FOR WRIT OF HABEAS CORPUS TO THE HONORABLE JUDGE OF SAID COURT: Now comes JEAN VALJEAN, Petitioner, and files his application for writ of habeas corpus pursuant to Article V, Section 8, Texas Constitution, and Chapter 11, and specifically Articles 11.01 and 11.05, Texas Code of Criminal Procedure, and in support thereof, would show unto the Court the following: 1.
Petitioner is illegally confined and restrained in the Harris County Jail by the
Respondent, Tommy Thomas, Sheriff of Harris County, Texas. 2.
Petitioner is charged by indictment with the offense of Corruption of the Youth of
Clutch City in Cause No. 000000 now pending in the 999th District Court of Harris County, Texas. A certified copy of said indictment is attached hereto as Exhibit A and incorporated herein. Petitioner was arrested on December 15, 2002. More than seven days have elapsed since Petitioner's arrest, and the State has made no motion to deny bond nor has the court held a hearing or entered an order denying bond, as contemplated by Art. I, Sec. 11a, Texas Constitution. 3.
Petitioner remains in jail as a result of his bail being set at "no bond."
4.
Such no bond setting is in contravention of Art. I, Sec. 11a of the Texas
Constitution and Art. 1.07, Code of Criminal Procedure. Petitioner has made no attempt to post bond because no bail has been set.
5.
Petitioner has been rendered indigent by his incarceration, he is estranged
from his family, and any assets which were acquired by Petitioner have been wasted by his incarceration and Petitioner has only the income he can generate from his efforts to make bail, support himself and his family, and retain counsel to prepare a defense. 6.
Petitioner has the assets to enable him to post a bond in the amount of
$2,000.00 through a bail bondsman. If Petitioner could post such bond in such amount, it would adequately secure his presence in court. 7.
No previous application for writ of habeas corpus has been made seeking
the relief requested herein. WHEREFORE, Petitioner prays that the court cause the writ of habeas corpus to issue, and that the court conduct a hearing thereon, and the Applicant be discharged from illegal restraint, and that bail be set in the amount of $2,000.00. Respectfully submitted,
_______________________ Your Name Here Attorney for Defendant SBN Address Phone Number FAX # CERTIFICATE OF SERVICE This is to certify that a true and correct copy of the above and foregoing was hand-delivered to the Districtr Attorney’s Office on this the _____ day of __________________. 2003.
___________________________ Your Name Here
OATH
THE STATE OF TEXAS COUNTY OF HARRIS
) ) )
“I, Jean Valjean, Petitioner in the foregoing Application for Writ of Habeas Corpus, inmate No. 24601, being presently confined in the Harris County Jail, do declare under penalty of perjury that all of the facts set out in the above Application are true and correct according to the belief of Petitioner. Executed on the ______ day of ____________________, 2003.
__________________________ Jean Valjean, Applicant
