Motion for Judicial Clemency-Sample

NOS 12,043; 12,044

STATE OF TEXAS IN THE DISTRICT COURT

VS. OF WASHINGTON COUNTY, TEXAS

RODNEY GLENN GRAY 21ST JUDICIAL DISTRICT

MOTION FOR JUDICIAL CLEMENCY

RODNEY GLENN GRAY, Defendant in the above-captioned cause of action, makes this, his Motion for judicial Clemency, and shows:

1. Facts.
On May 16, 1995, RODNEY GLENN GRAY was placed on probation for two (2) offenses resulting from the same set of facts. Defendant was placed on “Regualr Probation” in Cause No. 12, 044 for the State jail Felony of Delivery of Marijuana, and was placed on Deferred Adjudication Probation in Cause No. 12, 043 for the Second Degree Felony of Delivery of a Controlled Substance

2. Defendant Discharged From “Regular Probation” in Cause No. 12,044.
On July 22, 1997, RODNEY GLENN GRAY was released from “Regular Probation” in cause No. 12,044 after serving his entire two-year term of probation. A true and correct copy of the Order Discharging Defendant From Probation is attached hereto as Exhibit “A.”

3. Defendant Released From Disabilities in Cause No. 12,044
The Order Discharging Defendant From Probation in Cause No. 12,044 states, in relevant part:

It is therefore, ORDERED, ADJUCGED AND DECREED by the Court that the judgment of conviction heretofore rendered herein on the 16th day of May A.D., 1995assessing the punishment of Rodney Glenn Gray at confinement in the Texas Department of Corrections for a period of two (2) years, but with sentence thereon suspended, be and the same is hereby set aside; that the original sentence imposed is amended and modified to conform to the probationary period satisfactorily completed by the defendant; and the indictment against such defendant is hereby dismissed, and the defendant be, and defendant is released from all penalties and disabilities resulting from the crime of offense of which defendant has been convicted, except that proof of said conviction shall be known to the Court should the defendant again be convicted of any criminal offense.

4. Defendant Discharged From Deferred Adjudication Probation in Cause No. 12,043.
On November 4, 2003, the Court signed and Order Discharging Defendant from Probation (Deferred) (Early) that dismissed RODNEY GLENN GRAY from probation after his having served eight years and five months of his original ten-year probationary term. A true and correct copy of the Order Discharging Defendant From Probation (Deferred) (Early) is attached hereto as Exhibit “B.”

5. Defendant Released From Disabilities in Cause No. 12,043.
The Order Discharging Defendant From Probation in Cause No. 12,043 states, in relevant part:

It is therefore, ORDERED, ADJUDGED AND DECREED by the Court that the deferred proceedings and adjudication of Texas Code of Criminal Procedure Article 42.12 Section 3d(a) of 16th day of May 1995, assessing ten (10) years of probation is hereby set aside; that the original probation term imposed is amended and modified to conform to Texas Code of Criminal Procedure, Article 42.12, Section 3d(c); and the indictment against such defendant is hereby dismissed and the defendant be and is released from all penalties and disabilities resulting from the crime of offense of the defendant for which defendant was brought into court, except that proof of said probation period shall be known tot he Court should the defendant again be brought before the Court for any criminal offense.

6. Defendant Has Been Rehabilitated.
RODNEY GLENN GRAY would show the court that he has reformed, rehabilitated, and changed his life since committing the offenses that are the subject of the above-mentioned orders. In partial proof thereof, RODNEY GLENN GRAY attaches hereto Exhibits “C” through “U,” and includes them as though recited herein verbatim.

7. “Judicial Clemency” is an Established Concept of Texas Jurisprudence in Accordance With Cuellar v. State.
A. First Type of Discharge.
There are two types of discharge from probation. The first type of discharge from probation is that which is required after a person who has been placed on probation has completed his entire term of probation and satisfactorily fulfilled all of the conditions of probation. In this situation, the judge shall discharge the probationer. This is the case in Cause No. 12,044, above. In some cases, such as in Cause No. 12,043, above, the court may terminate Defendant’s probation early. In this first and most common type of discharge from probation, Defendant essentially “graduates” from probation. In this type of discharge, the Defendant has been convicted of a felony, even though he never went to prison, and even though for some purposes the conviction may not be “final.”

B. Second Type of Discharge.
The second, less-common type of discharge is one giving rise to the concept of Judicial Clemency. Judicial Clemency has been recognized by the Court of Criminal Appeals, Cuellar v. State, 70 S.W.3d 815 (Tex.Crim.App. 2002). this type of discharge is not a matter of right, but is a matter of “Judicial Clemency” within the trial court’s sole discretion. According to this theory, when a trial judge believes that a person on community supervision is completely rehabilitated and is ready to re-take his place as a law-abiding member of society, the trial judge may set aside the verdict or permit the defendant to withdraw his plea, and shall dismiss the accusation, complaint, information or indictment against the defendant, who shall thereafter be released from all penalties and disabilities resulting from the offense or crime of which he has been convicted or to which he has pled guilty. If a judge chooses to exercise his discretion to grant judicial Clemency, the defendant is free to walk away from the courtroom released from all penalties and disabilities resulting from the conviction. Although a person who successfully completes all the terms and conditions of community supervision must be discharged from community supervision, whether to dismiss the indictment and set aside the conviction is wholly within the discretion of the trial court.

8. Defendant Requests Judicial Clemency.
Since being released from probation, RODNEY GLENN GRAY has had difficulty overcoming the record of conviction reported in such sources as “backgroundchecks.com,” a true and correct copy of which is attached hereto as Exhibit “V.” Additionally, although RODNEY GLENN GRAY has obtained a Bachelor of Science degree from Texas A & M University at Kingsville in the subject of Kinesiology Education, he has had difficulty in obtaining a job as a result of his criminal record. specifically, and without limitation, RODNEY GLENN GRAY has obtained a job as a teacher, but was fired because of his criminal record; has obtained a job at Academy, but was fired after two weeks because of his criminal record; has applied for jobs with the Houston, Katy, Klein, and Alief Independant Scholl Districts, but was turned down because of his record; and has applied for, but been unable to secure, jobs with at least fifty (50) employers. The grant of Judicial Clemency from the court would enable RODNEY GLENN GRAY to obtain and maintain employment.

9. Prayer.
Wherefore, RODNEY GLENN GRAY requests the Court grant him judicial Clemency with respect tot he above-listed offenses. RODNEY GLENN GRAY prays for general relief.

Respectfully submitted,

CONRAD DAY
Attorney-at-law
18 W. Main
Bellville, Texas 77418-1440
Tel: (979) 865-9103
Fax: (979) 865-9104

By: _______________________________________
CONRAD DAY
State Bar No. 05607550
Attorney for RODNEY GLENN GRAY

Notice of Hearing

Notice is hereby given that a hearing will be held on the above and foregoing Motion for Judicial Clemency on the 20th day of February, 2007, at 9:00 A.M.

CERTIFICATE OF SERVICE

This is to certify that on February 16, 2007, a true and correct copy of the above and foregoing document was served on the District Attorney’s Office, Washington County, Texas, by hand delivery.

___________________________________________
CONRAD DAY

NOS 12,043; 12,044

STATE OF TEXAS IN THE DISTRICT COURT

VS. OF WASHINGTON COUNTY, TEXAS

RODNEY GLENN GRAY 21ST JUDICIAL DISTRICT

ORDER GRANTING JUDICIAL CLEMENCY

On this 20th day of February, 2007, this Court considered the Motion for Judicial Clemency of Defendant, RODNEY GLENN GRAY. After having considered the evidence and argument of counsel, the Court is of the opinion that said Motion is good, and should be GRANTED.
The Court finds that RODNEY GLENN GRAY is completely rehabilitated and is ready to re-take his place as a law-abiding member of society. The Court further finds that RODNEY GLENN GRAY is entitled to an Order of Judicial Clemency in Cause No. 12,043 and in Cause No. 12,044. The Court further finds that such an order is in the best interest of society and in the best interest of RODNEY GLENN GRAY.

IT IS, THEREFORE, ORDERED, ADJUDGED, AND DECREED that the judgment in Cause No. 12,043 be, and it is hereby , SET ASIDE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the judgment in Cause No. 12,044 be, and it is hereby, SET ASIDE. IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the plea of guilty in Cause No. 12,043 be, and it is hereby, SET ASIDE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that the plea of guilty in Cause No. 12,044 be, and it is hereby, SET ASIDE.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all charges, accusations, complaints, and indictments in Cause No. 12,043 be, and they are, hereby DISMISSED.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that all charges, accusations, complaints, and indictments in Cause No. 12,044 be, and they are, hereby DISMISSED.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, hereafter RELEASED FROM ALL PENALTIES AND DISABILITES RESULTING FROM THE OFFENSES OR CRIMES OF WHICH HE HAS BEEN CONVICTED OR WHICH HE HAS PLED GUILTY IN CAUSE NO. 12,043.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, hereafter RELEASED FROM ALL PENALTIES AND DISABILITES RESULTING FROM THE OFFENSES OR CRIMES OF WHICH HE HAS BEEN CONVICTED OR TO WHICH HE HAS PLED GUILTY IN CAUSE NO. 12,044.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, GRANTED JUDICIAL CLEMENCY IN CAUSE NO. 12,043.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, GRANTED JUDICIAL CLEMENCY IN CAUSE NO. 12,044.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, FREE TO WALK AWAY FROM THE COURTROOM FRLEASED FROM ALL PENALTIES AND DISABILITIES RESULTING FROM THE CONVICTION IN CAUSE NO. 12,043.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that RODNEY GLENN GRAY be, and he is hereby, FREE TO WALK AWAY FROM THE COURTROOM RELEASED FROM ALL PENALTIES AND DISABILITES RESULTING FROM THE CONVICTION IN CAUSE NO. 12,044.

IT IS FURTHER ORDERED, ADJUDGED, AND DECREED that any and all public or private criminal record reporting services, including, without limitation, backgroundchecks.com, be, and they are hereby, ORDERED to remove any and all indication that RODNEY GLENN GRAY has been convicted or, or suffers any disabilities from, having been arrested, charged, indicted for, or otherwise accused of the offenses underlying Washington County Cause No. 12, 043; The State of Texas vs. Rodney Glenn Gray; In the District Court of Washington County, Texas, 21st Judicial District; and/ or Cause No. 12,044; The State of Texas vs. Rodney Glenn Gray; In the District Court of Washington County, Texas, 21st Judicial District.

Signed on February _______, 2007

____________________________________________
JUDGE PRESIDING

David Finn