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Stanley, Terry Andrew
PD-0709-15
| Tex. App. | Sep 16, 2015
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Background

  • Defendant Stanley, Terry Andrew, acting pro se, filed a Motion To Order the Chief Clerk to send all copies of his court records and exhibits to him.
  • Jurisidiction lies in District Court No. 195th, Dallas County, Texas, presided by Judge Fred Tinsley, to order production of records.
  • Defendant was convicted January 17, 2014 in the same district court and sentenced to 30 years.
  • Defendant filed a series of motions/designations seeking court records (October 2014, December 2014, January 2015) with no responses from the court.
  • Defendant sent letters (June 2015) to appellate counsel and court staff requesting records; a 60-day extension to file related post-conviction motions was granted but records were not provided.
  • Defendant contends lack of records prejudices his ability to prepare motions for rehearing, discretionary review, and state habeas corpus relief.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Entitlement to court records Defendant argues good cause and prejudice from lack of records Court has not supplied requested records Not decided in the provided text
Impact on post-conviction remedies Lack of records hinders ability to file PDR and state habeas relief Records are necessary to prepare timely post-conviction motions Not decided in the provided text
Authority to compel production of records Court should order the Chief Clerk to produce records Court staff obligations do not appear detailed here Not decided in the provided text

Key Cases Cited

  • Schultz v. Butcher, 24 F.3d 626 (4th Cir. 1994) (production of documents may be compelled in some circumstances)
  • In re Ruppert, 309 F.2d 97 (6th Cir. 1962) (principles guiding production of records in appeals)
  • U.S. v. Means, 741 F.2d 1053 (8th Cir. 1984) (service of process and related duties in proceedings)
  • Jackson v. Brinker, 147 F.R.D. 189 (S.D. Ind. 1993) (Marshall service duties in subpoena-related contexts)
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Case Details

Case Name: Stanley, Terry Andrew
Court Name: Court of Appeals of Texas
Date Published: Sep 16, 2015
Docket Number: PD-0709-15
Court Abbreviation: Tex. App.