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Hello Paul. As stated yesterday, each juror was allowed to decide offense they thought I was guilty of committing. However caselaw dicates otherwise (see XXXXX X XXXX , XX XXXX XXXX (XXXXX XXXXX); XXXXX v XXXX , XXXX XXXXX XXXX (XXXX 2005XXXX to name a couple of cases). In a writ o prohibition to the CCA Feb. of 2012, I alleged I was denied a fair and impartial trial and denied right jury unanimity as to what offense the jury found me guilty of committing. The state argue that due to XXXX X XXXXX , XXXX XXXX XXXX (1999) (Which did not deal with my issues) that I should have been put on notice of my unanimity issue. The state argued that my claims should be dismissed as abuse of writ. The CCA dismissed my claim w/o written order. I then appealed to USDC seeking declaratory judgment and injunctive relief securing right to a proper review of my claims within both my habeas application #4 and writ of prohibition. These claims were denied with prejudice as argued y the CCA. Paul I know that I have a claim and do not believe that my right to a fair and impartial trial and unanimous jury verdict cannot be forfeit. Any advice you can supply as to how I should develop my forthcoming brief to the 5th Circuit would be greatly appreciated. And No, I cannot afford an attorney to file this appeal. I am 72 and live of SS. For the record, I have maintained my innocence since 1991. I await any feedback you may provide, Respectfully, ***** ***** .
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