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