COURT OF CRIMINAL APPEALS OF TEXASAPPLICATION FOR A WRIT OF HABEAS CORPUS

SEEKING RELIEF FROM FINAL FELONY CONVICTION UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

INSTRUCTIONS

1. You must use the complete form, which begins on the following page, to file anapplication for a writ of habeas corpus seeking relief from a final felony convictionunder Article 11.07 of the Code of Criminal Procedure. (This form is not for death-penalty cases, probated sentences which have not been revoked, or misdemeanors.)

2. The clerk of the trial court in which you were convicted will make this form availableto you, on request, without charge.

3. You must file the entire writ application form, including those sections that do notapply to you. If any pages are missing from the form, or if the form has beendownloaded and the questions have been renumbered or omitted, your entireapplication will be returned as non-compliant. If your application is returned as non-compliant, the clerk of the trial court will write a note of the defect on your applicationand return the form to you without filing it.

4. You must make a separate application on a separate form for each judgment ofconviction you seek relief from. Even if the judgments were entered in the same courton the same day, you must make a separate application for each one.

5. Answer every item that applies to you on the form. You may use additional pages onlyif you need them for item 17, the facts supporting your ground for relief. Do not attachany additional pages for any other item.

6. You must include all grounds for relief on the application form as provided by theinstructions under item 17. You must also briefly summarize the facts of your claimon the application form as provided by the instructions under item 17.

7. Do not cite cases or other law in this application form. Do not make legal argumentsin this form. Legal citations and arguments may be made in a separate memorandum.

8. You must verify the application by signing either the Oath Before Notary Public or theInmate’s Declaration, which are at the end of this form on pages 11 and 12. You maybe prosecuted and convicted for aggravated perjury if you make any false statementof a material fact in this application.

9. When the application is fully completed, mail the original to the clerk of the convictingdistrict court. Keep a copy of the application for your records.

10. You must notify the clerk of the convicting district court of any change in address afteryou have filed your application.

Revised: September 1, 2011 1

Case No. _______________(The Clerk of the convicting court will fill this line in.)

IN THE COURT OF CRIMINAL APPEALS OF TEXAS

APPLICATION FOR A WRIT OF HABEAS CORPUSSEEKING OUT OF TIME HEARING ON MOTION FOR NEW TRIAL

UNDER CODE OF CRIMINAL PROCEDURE, ARTICLE 11.07

NAME: Elizabeth Ramirez

DATE OF BIRTH: July 12, 1974

PLACE OF CONFINEMENT: Hobby Unit, Marlin,Texas

TDCJ-CID NUMBER: 00829689 SID NUMBER: 05491976

(1) This application concerns (check all that apply):

G a conviction G parole

G a sentence G mandatory supervision

G time credit G out-of-time appeal or petition fordiscretionary review

(2) What district court entered the judgment of the conviction you want relief from?(Include the court number and county.)

227 Judicial District Court, Bexar Countyth

(3) What was the case number in the trial court?

Cause No. 95-CR-1256-B

(4) What was the name of the trial judge?

Judge Michael Machado

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(5) Were you represented by counsel? If yes, provide the attorney's name:

Freddie Ruiz

(6) What was the date that the judgment was entered?

February 11, 1997

(7) For what offense were you convicted and what was the sentence?

Aggravated sexual assault of a child, 37 and a half years; indecency with a child, 15 years

(8) If you were sentenced on more than one count of an indictment in the same court at thesame time, what counts were you convicted of and what was the sentence in each count?

Count I: Aggravated sexual assault of a child, 37 and a half years

Count II: Indecency with a child, 15 years

(9) What was the plea you entered? (Check one.)

G guilty-open plea G guilty-plea bargain G not guilty G nolo contendere/no contest

If you entered different pleas to counts in a multi-count indictment, please explain:

Not applicable

(10) What kind of trial did you have?

G no jury G jury for guilt and punishment

G jury for guilt, judge for punishment

(11) Did you testify at trial? If yes, at what phase of the trial did you testify?

Yes, at the guilt/innocence phase

(12) Did you appeal from the judgment of conviction?G yes G no

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If you did appeal, answer the following questions:

(A) What court of appeals did you appeal to? Fourth Court of Appeals

(B) What was the case number? No. 4-97-00144-CR

(C) Were you represented by counsel on appeal? If yes, provide the attorney'sname: James C. Oltersdorf

(D) What was the decision and the date of the decision? Affirmed, July 22, 1998

(13) Did you file a petition for discretionary review in the Court of Criminal Appeals?

G yes G no

If you did file a petition for discretionary review, answer the following questions:

(A) What was the case number? PD-1460-98

(B) What was the decision and the date of the decision? Refused, November 11, 1998

(14) Have you previously filed an application for a writ of habeas corpus under Article 11.07of the Texas Code of Criminal Procedure challenging this conviction?

G yes G no

If you answered yes, answer the following questions:

(A) What was the Court of Criminal Appeals’ writ number? Not Applicable

(B) What was the decision and the date of the decision? Not Applicable

(C) Please identify the reason that the current claims were not presented and couldnot have been presented on your previous application.

(15) Do you currently have any petition or appeal pending in any other state or federal court?

G yes G no

If you answered yes, please provide the name of the court and the case number:

(16) If you are presenting a claim for time credit, have you exhausted your administrativeremedies by presenting your claim to the time credit resolution system of the Texas

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Department of Criminal Justice? (This requirement applies to any final felony conviction,including state jail felonies)

G yes G no

If you answered yes, answer the following questions:

(A) What date did you present the claim? Not applicable

(B) Did you receive a decision and, if yes, what was the date of the decision?

Not applicable

If you answered no, please explain why you have not submitted your claim:

Not applicable

(17) Beginning on page 6, state concisely every legal ground for your claim that you are beingunlawfully restrained, and then briefly summarize the facts supporting each ground. Youmust present each ground on the form application and a brief summary of the facts. Ifyour grounds and brief summary of the facts have not been presented on the formapplication, the Court will not consider your grounds.

If you have more than four grounds, use page 10 of the form, which you may copy asmany times as needed to give you a separate page for each ground, with each groundnumbered in sequence.

You may attach a memorandum of law to the form application if you want to presentlegal authorities, but the Court will not consider grounds for relief in a memorandum oflaw that were not stated on the form application. If you are challenging the validity ofyour conviction, please include a summary of the facts pertaining to your offense and trialin your memorandum.

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GROUND ONE: EVIDENCE NOT PRESENTED AT TRIAL ESTABLISHES THAT ELIZABETHRAMIREZ IS INNOCENT.

FACTS SUPPORTING GROUND ONE: Since her 1997 trial, a variety of new evidence hasestablished Applicant’s innocence. The inaccuracy of Dr. Kellogg’s testimony is now known andverified by new science. Vanessa’s 1998 trial testimony is no substantially in contradiction with her1997 trial testimony that she has effectively established her own incredibility. Vanessa’s sister whoVanessa had claimed was abused with her, confirms that Vanessa was untruthful and the abuse neverhappened. A recent psychological examination reveals Applicant possesses no trait consistent with apedophile. The other accused women assert Applicant’s innocence. Finally, all four women havepassed polygraphs - a circumstance so unusual that it compels as a matter of statistics alone that theymust all be innocent.

GROUND TWO: INACCURATE EXPERT TESTIMONY DEPRIVED ELIZABETH RAMIREZOF HER RIGHT TO DUE PROCESS.

FACTS SUPPORTING GROUND TWO: Applicant was indicted for sexually assaulting 9-year-old Vanessa Limon on or about July 24, 1994. The only physical evidence was Dr. Kellogg’s testimonythat Vanessa suffered a tear to her hymen which had healed, leaving a visible scar. Today, Dr. Kelloggaffirms that her testimony was inaccurate, and that if she had known what she knows today, she wouldnot have testified that her examination of Vanessa revealed anything indicate of trauma to the hymen.

GROUND THREE: PREVIOUSLY UNAVAILABLE SCIENTIFIC EVIDENCE IS CURRENTLYAVAILABLE WHICH WOULD HAVE PREVENTED ELIZABETH RAMIREZ’S CONVICTIONAT THE TIME OF HER TRIAL.

FACTS SUPPORTING GROUND THREE: In 2007, the American Academy of Pediatricspublished a study which concludes that injured hymens do not leave scars as a matter of biological fact.This evidence contradicts Dr. Kellogg’s trial testimony (now withdrawn) that she observed a scar onVanessa’s hymen.

GROUND FOUR: ELIZABETH RAMIREZ WAS DENIED DUE PROCESS BECAUSE THEPOLICE INVESTIGATION DID NOT UNDERTAKE TO DETERMINE WHETHER THEALLEGATIONS HAD ANY BASIS IN TRUTH.

FACTS SUPPORTING GROUND FOUR: Vanessa’s allegation was that Applicant, together withthree other women, sexually abused her at the same time in Applicant’s apartment on two days.Homicide Detective Matjeka investigated the case, but never sought to establish the date or time of thealleged offenses. He did nothing to establish the whereabouts of any of the accused women at anyparticular time or date for the week of the alleged abuse (July 24, 1994). Had the detective undertakento determine when all four women could have been in the apartment at the same time, he would havediscovered, through their work records alone, that they could not have committed the crime.

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GROUND FIVE: ELIZABETH RAMIREZ WAS DENIED THE EFFECTIVE ASSISTANCE OFCOUNSEL GUARANTEED HER UNDER THE SIXTH AND FOURTEENTH AMENDMENTSTO THE CONSTITUTION OF THE UNITED STATES AND ARTICLE I §§10 AND 19 OF THETEXAS CONSTITUTION.

FACTS SUPPORTING GROUND FIVE: Trial counsel failed to investigate Applicant’s timerecords or the locations of the co-defendants at the time and date of the alleged offense. Had he doneso, he would have discovered the alibi defense he failed to present. Trial counsel also had no objectionto the “truth” testimony of the detective and the pediatrician. The detective vouched for Vanessa’scredibility. He told the jury, “I believe everything the girls [here he is including Vanessa’s youngersister, Stephanie] told me.” The pediatrician remarked on Vanessa’s truthfulness, describing her as“spontaneous ... detailed ... guileless.” They were the only experts at trial.

GROUND SIX: ELIZABETH RAMIREZ WAS DENIED DUE PROCESS BECAUSE THEPROSECUTION COMMITTED ACTS OF MISCONDUCT THROUGHOUT TRIAL.

FACTS SUPPORTING GROUND SIX: Prosecutor Phillip Kazen had in his possessionApplicant’s work records, and therefore knew throughout his cross-examination of Applicant that shewas telling the truth about when she was at work. Nevertheless, he left the false impression to the jurythat she was being untruthful. He later falsely suggested Applicant had been convicted of theft inHouston. When Applicant denied her guilt, the prosecutor remarked, “So says O.J., ma’am,” a side-barthe appellate court found to be “inappropriate” but “not clearly calculated to inflame the minds of thejury.” Finally, the prosecutor through cross-examination and final argument confused sexual orientationwith promiscuity, focusing on the sexual relationships among the adult women, and suggesting theyall had sex with each other.

GROUND SEVEN: VANESSA LIMON’S FALSE TESTIMONY THAT ELIZABETH RAMIREZHELD A GUN TO HER HEAD DEPRIVED APPLICANT OF A FAIR PUNISHMENT TRIAL.

FACTS SUPPORTING GROUND SEVEN: Vanessa first said she was threatened with a knife, thenwith two guns. At trial she testified that Applicant held a gun to her head. The jury sentencedApplicant to 38 ½ years’ imprisonment. A year later, Vanessa claimed it was another woman, AnnaVasquez, who had done it, not Applicant.

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WHEREFORE, APPLICANT PRAYS THAT THE COURT GRANT APPLICANTRELIEF TO WHICH HE MAY BE ENTITLED IN THIS PROCEEDING.

VERIFICATION

This application must be verified or it will be dismissed for non-compliance. For verificationpurposes, an applicant is a person filing the application on his or her own behalf. A petitioner is aperson filing the application on behalf of an applicant, for example, an applicant’s attorney. An inmateis a person who is in custody.

The inmate applicant must sign either the “Oath Before a Notary Public” before a notary publicor the “Inmate’s Declaration” without a notary public. If the inmate is represented by a licensedattorney, the attorney 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 public unless he is represented by a licensed attorney, in which case the attorney maysign the verification as petitioner.

A non-inmate non-attorney petitioner must sign the “Oath Before a Notary Public” before anotary public and must also complete “Petitioner’s Information.” An inmate petitioner must sign eitherthe “Oath Before a Notary Public” before a notary public or the “Inmate’s Declaration” without a notarypublic and must also complete the appropriate “Petitioner’s Information.”

OATH BEFORE A NOTARY PUBLIC

STATE OF TEXAS

COUNTY OF TRAVIS

Keith S. Hampton, being duly sworn, under oath says: “I am the petitioner in this action and

I 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.”

_________________________________Signature of Petitioner

SUBSCRIBED AND SWORN TO BEFORE ME THIS _____ DAY OF OCTOBER, 2013.

_________________________________Signature of Notary Public

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PETITIONER’S INFORMATION

Petitioner’s printed name: Keith S. HamptonState bar number, if applicable: 08873230Address: 1103 Nueces Street, Austin Texas 78701Telephone: 512-476-8484(office); 512-762-6170(mobile)Fax: 512-477-3580

INMATE’S DECLARATION

I, _______________________________, am the applicant / petitioner (circle one) andbeing presently incarcerated in _______________________________, declare under penalty ofperjury that, according to my belief, the facts stated in the above application are true and correct.

Signed on ____________________, 20_____.

_______________________________________Signature of Applicant / Petitioner (circle one)

PETITIONER’S INFORMATION

Petitioner’s printed name: Keith S.HamptonAddress: 1103 Nueces Street Austin, Texas 78701Telephone: 512-476-8484Fax: 512-477-3580

Signed on , 2013

_______________________________________Signature of Petitioner