Loud and Clear: My last appeal denial & what’s next   Recently updated !


Loud & Clear from Texas Death Row
By Clinton Lee Young
Date: Aug. 18 2015
Topic: My last appeal denial & what’s next.

 

Maybe it was a bit of wishful thinking on my part. Though I surely had high hopes that

1) The court would grant me a C.O.A., which is certificate of appealability. Basically permission to appeal, as the federal district court (lower court) denied me such a right.

2) Being that the gloves came back favorable to me. That the prosecutors in Midland would do the right thing. At last, they still were not responding to my lawyers.

The 5th circuit denied me & farther expressed the insanity that has plagued this case. Take my ballistic report by Richard Ernest. This report shows that I could not have been the shooter for the first two shots into the first victim. The claim by the state: Doyle was sitting in driver seat of his 2 door Pontiac Grand Am car. I was sitting in the passenger seat. (This I do not dispute in the filings.)

The state claims, by way of the co-defendants words, that I shot Doyle twice in the head. (This I SURELY dispute)

Doyle was then taken to another location, where his body was left & Mark fired a 3rd shot into Doyles head. Mark claimed that he was under duress & in fear of his life from me.

Now Doyle was shot in left, back & right sides of the head. The ballistics show that the gun the state ‘claims’ I used, was responsible for the shot to the left side & back of head, at a distance of greater than 3 feet. The gun Mark used was responsible for shot to the right side of head.

Now the forensic pathologist found all 3 shots, due to path taken ‘would be’ fatal. Though first two shots was 100% fatal. Okay. Mark says I held up gun about 6 inches away from Doyles head & shot him. (NOT supported by forensics!) Darnell McCoy who was in back seat also, said I held gun in my lap & angled up & shot Doyle. (NOT supported by forensics!) Matter of fact, the forensic pathologist at trial, said that way was not possible due to angle of bullets. Darnell said I had one kind of gun. Mark said I had another. How does two people, sitting right beside each other, not 3 feet away see a totally different version of events? Not just a little different. TOTALLY different. The only thing in common is the claim I shot the guy! Which both stories are not plausible forensically. As I, in passenger seat, could not shot driver in the left side of his head at a distance of over 3 feet. Okay. What the forensics are supportive of, is someone walking up to the car & shooting Doyle. Which that person would have to be standing outside of drivers side. The co-defendant David was.

Now the federal judge, when faced with the forensics, in an effort to explain them away. He said that Doyle could have been (or he said was) I will have to double check exact wording. Though the federal judge who did NOT “watch” the trial & was NOT present at the crime. With 100% no testimony supporting this. He claimed that Doyle was turned around in the seat, facing towards the back to allow David into the back seat.

Now what grown man that stands 5 feet 11 inches tall & weighs ‘over’ 230 pounds, turns around in the front seat of a small 2 door car, to the point his body is facing the back seat, just to allow a person in the back of the car?

A 16 year old hyper teenage girl, yeah! A big ass grown man that is also over 50 years old? Hell NO!

We appealed his revisionist history of the events. The 5th circuit, (all the ‘circuit courts’ are the 2nd most powerful courts in the U.S., with the US supreme court being number one).

They said it doesn’t matter, as the ballistics are meritless, due to the fact that the co-defendants said I done it. Which legally that is not the law. As co-defendants are to be deemed ‘corrupt’ witnesses. Not trusted & a jury can NOT convict unless their testimony is supported by cooperating evidence. Which in case of Doyle, another co-defendant in a different crime. Who was high on meth & expressed a desire to kill me. He said I told him I shot Doyle. (I did not tell him that!) Though again, he was a co-defendant in another case, high on meth & mad at me! Then the 5th went on to say that it still doesn’t matter due to law of parties. As I could be found responsible for Marks actions. Now. They also said Mark fired a shot into Douglas’s dead body. Key word there is ‘DEAD’ body. Okay. How can I be guilty of a crime that Mark is not even guilty of? As you CAN NOT murder a DEAD BODY!!!!

It should also be pointed out that Mark was indicted for Capital murder of Doyle when he testified, which was a manipulation tactic. The state argued the whole trial that I shot Doyle unexpectedly & held Mark hostage & threatened his life.

Okay, by way of the states very argument, Mark can NOT be guilty of capital murder. As he was under “duress & threat for his life”. As a result, following the states logic. Mark could NOT be guilty of my actions, by the states own reasoning. As if I killed Doyle unexpectedly & then threatened the others.

They are in NO WAY guilty of any crime. Everyone understand the basic of the law? No plan to kill & then taken hostage. Equals them to be under duress & thus excused under the law. Okay. So by the states words, Mark is innocent of any crime. Period! No ifs, and, or buts about it. There is no debate if the states position is to be deemed true.

Now lets present it this way. They lied & David shot Doyle. Which forensics supports.

No plan for this. That means no one can be guilty of ‘his act’. If Mark then shoots Doyles DEAD body. He can ‘not’ be charged with murder. Thus I can not be a party to his actions. As he did not commit a crime. Also it should be noted that Mark was not sent to prison for murder. He was sent for non aggravated kidnapping of Doyle. Which again. Doyle was not kidnapped!! No one said he was in any way! They just had to find something to charge him with, to keep him in prison for a while & Mark foolishly plead guilty. He has said no, he would have walked! Period! As I refused to talk to the police & the others statements helped him.

Really his lawyer let him get messed over. As Mark surely did not properly know the law. Most do not, as it is all so complex. Bottom line. Forensics clear me. 5th said it doesn’t matter as I can be charged as party to murder, for a guy shooting a dead body. So it is official! You can kill a dead body now! I can not help but laugh. As this shit is so insane! Now the 5th, in regards to a previous appeal issue about the gloves testing. Which the federal judge denied me permission to do. (though later Midland prosecutors agreed for me to do it.)

They said it would be procedurally barred. Not so! As

1) The prosecutors allowed me to test it

2) Under Texas Senate Bill 344 & Code of criminal procedure 11.073 allows for advanced testing to be done. That was not previously available at the time of trial.

This is bolstered by a case known as the Robbins case, which is a Texas court case ruling. The testing was new & advanced & also showed what I claimed to be true.

So it is good to go & still other matters being done. These I cannot get into yet & will not until my lawyers are completed with it & it is before the courts.

So on that front, it is not the end of the road for me. However, it is by no means easy sailing. It is an uphill battle! Harder than before.

Now what is next: my lawyers filed a request for the entire panel of the 5th circuit to review my case. As they expressed that the 3 judge  panel rules in a way that ‘conflicts’ with clearly established law & previous 5th circuit rulings.

The state did not oppose me to have an extra 14 days to file the en blanc request. (en blanc is Latin for like the whole or something I think. It means the whole panel.)

As before the extra 14 days was granted, I only had 14 days. Being that the state did not oppose us on the extra 2 weeks, the primary judge granted it. (Thank you! I’ll take an extra 2 weeks of life.) So at the end of August, the REQUEST for the en blanc hearing will be filed. Again this is a ‘request’ for a hearing. First the request has to be granted. Then be heard & attempt to get them to overturn the ruling. Then turn around & IF it is overturned, then have to file something else. See, complicated!

If the request is denied, I have 90 days to file with the US supreme court. The state will, after so many days, respond to what we file. Then after so many days we respond to that. Then we wait on the USSC. It takes 4 justices to hear a claim. 5 to win. US Supreme court officials, they are not called judges. Their title is justices. If you call them judge they get upset.

There is some key bits I could mention that would strengthen my claims. I mean mention here & point out with paperwork & images. Though this is not the time not the place for that.

The gloves testing came back as I said it would. The report will be posted very soon. There is a very valid reason for the delay in my posting it. Believe me, I am EAGER to post it, to show I again was telling the truth.

Every time I made a claim & it was looked into & the testing done. It has came back as I said it would.

Too bad the prosecutors at the trial, never once bothered to communicate with my lawyers to get my side of the story!  They only did the bare minimum work needed to bolster the co-defendants claims. Which after a bit of light was shined on it all. It has started to crumble!

It is my hope that after I post the report on the gloves. That those reading this will believe in me, be it for the first time or even more, & feel a desire to become more active. That you will believe it is a struggle worthy of your time, effort & OR if able, donations as you feel comfortable with it. I have always asked, that I just be given the chance to show I am telling the truth.

Claims I have made over the years in my blogs & before the court in filings I had to make myself.  When able to prove it. They have shown me to have told the truth!

I have been open, about the not so good choices I have made in my life. I have never sought pity or to be seen as some white dove to be freed from the cage.

What I have asked for is help in the pursuit of truth & justice. To help me get what the law of the land, the U.S constitution, & international law allows & even mandates. That is a fair trial. A trial without backroom deals & coached false testimony. A trial on equal footing of funding. I am stuck in a box. I can not get out & fight for myself. I need help.

I can win & every person reading this can help me in ‘some way’. I hope that you are willing to join the team.

Until next time.
Veni Vidi Vici
I remain,

In solidarity,

Clinton Young #99447
Polunsky Unit
3872 FM 350 S
Livingston,TX 77351

www.saveaninnocentlife.com
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