Case Information
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Cause Writ No. WO960181-T(A) ISRAEL CORONEL TDCS# 1780504 RELATOR, V DAUAS COUNTY DISTRICT CLERK IN HER/His OFFICIAL CAPACITY RESPONDENT.
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IN THE 283 RD TIMM
DISTRICT COURT MAY 132015 DALIAS COUNTY, TEXAS
Abell Acosta, Clerk
A. PLANTIFFS ORIGINAL APPLICATION FOR WRIT OF MANDAMUS TO THE HONORABLE.
JUDGE OF SAID COURT:
COMES NOW, ISRAEL CORONEL, Relator, pro se in the above-styled and numbered cause of action and Files this Original Application for Writ of M andamus, pursuant to Article II. 07 Section 3(6) of the Texas Code of Criminal Procedure, and would show the Court the following: B. RELATOR I. 1.01 I srael Coronel, TDC3# 1780504 is an offender incarcerated in the Texas Department of Criminal Justice and is appearing pro se, who can be located at Ramsey One Unit IIOO FM. 655 Rd., Rosharon, Texas 77583. 1.02 Relator presorted his remedies but there are other issues that should be taken in consideration because the case was raised and based in other case which is Relator's Son and the police report was only on Relator's Son's case. 1.03 The act sought to be compelled is ministerial, not discretionary in nature. T. C.C. P. Art. II. 07 Section 3(6) requires Respondent to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answers fited, and a certificate reciting the date upon which that finding was made, if the convicting court decides that there are no issues to be resolved. No copy of the application for writ of habeas corpus, any answers fited, and a certificate reciting the date upon which that finding was
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made have been transmitted to the Court of Criminal Appeals. Had such documents been transmitted to the Court of Criminal Appeals by Respondent as required by statute, Relator would have received notice from the Court of Criminal A ppeals.
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C. RESPONDENT
2.01 Respondent GARY FITZSIMMONS, in her/his capacity as District Clerk of Dallas County, Texas has a ministerial duty to receive and File all papers in a criminal proceeding, and perform all other duties imposed on the clerk by law pursuant to T. C.C.A. Act. 2.21, and is responsible under T.C.C.P. 11.07 Sec. 3(c) to immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which that finding was made if the convicting court decides that there are no issues to be resolved. GARY FITZSIMMONS, District Clerk, Dallas County may be served at her/his place of business at 133 N . Riverfront Blud, LB 12 Dallas Texas 75207. 111 . D. VIOLATION OF ARIICLE 11.07 OF THE TEXAS CODE OF CRIMINAL PROCEDURE
3.01 The Respondent violated Article 11.07 Section 3(c) of the Texas Code of Criminal Procedure by failing to provide a copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon that finding was made to the Court of Criminal Appeals within the time prescribed by law and within a reasonable time from the date on which the documents were requested to be transmitted. 3.02 Requests for the transmittal of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which that finding was made, were made by Relator to Dallas, District Clerk GARY FITZMMONS, Dallas County, by mailed letters dated March 17,2015, and May 4,2015. Also, by mistake was sended to Dallas
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*3 County a Plantiff's Original Application for Writ of Mandamus puissant to Article II. 07 Section 3(6) of the Code of Criminal Procedure. True and accurate copy of the above letters are attached here to as Exhibit A and B, and are incorporated by reference here in for all purposes. 3.03 To date posted in this Writ of Mandamus, Relator has received no response from Respondent regarding Relator's request for transmittal of a copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals. 3.04 As is clear from Relator's letters, Relator has put Respondent on notice that Relator seers the transmittal of a copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals and that such records are required by the Court of Criminal Appeals to act on Relator's writ of habeas corpus that in States first Response the trial Court considered Relator's claims and the convicting Court made an Order Designating issues of factual controverted unresolved that may be resolved by affidavits, depositions, interrogatories, or by heavings, and appointed April E.S. mith to resolve the issues and prepare findings of fact and conclusions of law for the Court. The State made a Supplemental Response to the application, but it is unsuccessful, because it is mentioning the same as in their first States Response. Relator has gone well beyond any requirement or obligations imposed upon him by the Texas Code of Criminal Procedure. In contrast to Relator's efforts, Respondent has wholly failed to comply with the Texas Code of Criminal Procedure to affor Relator the professional and common courtesy of any written responses to his correspondence and requests. 3.05 Article II. 07 Section 3(6) clearly states that [i]f the convicting court decides that there are no such issues the clerk shall immediately transmit [emphasis added] to the Court of Criminal Appeals a copy of the application, any answers filed, and a certificate
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writing the date upon which that finding was made. Failure of the court to act within the allowed 20 days shall constitute such a finding. Texas Code of Criminal Procedure Article II. 07 Sec. 3(5) Respondent is in violation of this procedure, ministerialduties, and thus the laws of this state.
IV.
D. PRAYER FOR RELIEF
WHEREFORE, PREMISES CONSIDERED, Relator Israel Coronel TDC#1780504 prose, respectfully requests a finding that the Respondent did not transmit documents to the Court of Criminal Appeals within a reasonable time after the date they were requested and that Relator brought this litigation in good faith and has substantially prevailed. Relator prays for an Order directing Respondent to transmit copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which that finding was made to the Court of Criminal Appeals as directed in Article II.07 Section 3(6) of the Texas Code of Criminal Procedure and as requested in Relators letters Exhibit A and B.
THE STATE OF TEXAS COUNTY OF BRAZORLA E. AEFIDAVIT
I swear under oath that the facts and allegations in the above APPLICATIONFoR WRIT OF MANDAMUS are true and correct.
Israel coonel
RELATOR
SIGNED UNDER OATH BEFORE ME, ON this the Ilty day of May 2015.
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F. CERIIFICATE OFSERVICE
I hereby certify that a true copy of the above APPLICATION FOR WRIT OF MANUAMUS was served on Dallas County Clerk by placing a copy in the U.S. Mail addressed to DISTRICT CERK GARV FITZSIMMONS 133 N. Riveifront LB 12 Dallas, TX. 752.07 on the day of April 2015, And was mailed to same address, And this second true copy of the above APPLICATION FOR WRIT OF MANUAMUS was served on Dallas County Clerk by placing a copy in the U.S.Mail addressed to DISTRICT CERK GARV FITZSIMMONS 133 N. Riverfront LB 12 Dallas, TX. 75207 on this the 11th, day of May 2015, and mailed to the CERK ABEL ACOSTA for the Court of Criminal Appeals en same date the 11 th, day of May 2015.
Ingelononel
Istael ConrelTDCJ# 1780509 RELATOR PRO SE Ramsey One Unit 1100 FN. 655 Rd. Roshoron TX. 77583
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Cause Writ No. W0960181-T(A) ISRAEL CORONEL, TOC3# 1780504 RELATOR, V.
DALLAS COUNITY DISTRICT CLERK IN HER/HIS OFFICIAL Capacity RESPONDENT.
ORDER
On this day, came on to be heard the foregoing Relators Application for Writ of Mandamus and it appears to the Court that the same should be: CRINTED
IT IS THEREFORE ORDEREd that the District Clerk immediately transmit to the Court of Criminal Appeals a copy of the application for writ of habeas corpus, any answers filed, and a certificate reciting the date upon which thattransmittal was made.
SIEMED on this the day of 20
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*8 Trial Cause No. F09-60181-CK Writ No. W09-60181-T (A) Ex Parte Israel Coronel
From: Israel Coronel TOC 301780509 Ramsay One Unit . Roshason, TX 77583
To: GARY FITZSIMMONS DISIRICC CLERKIN DALIAS COUNTY From K. Cowley Coulls Building 133 N. Riverfront, L.B. 12 Dallas, Texas 75207 - 9313
REOUESTING INFORMATION FROM WRIT NO. W09-60181-T (A) PRO SE, WHY NOT SEND TOTHE COURT OF CRIMINAL APPEALS
Dear CLERK, I am Israel Coronel, currently incorecated in Ramsey One Unit, and Im. Rewieshng that on December 8th, 2014, I filed and sent one copy of an application for a writ 11.07 pro se. The application was referred to the JUDiCAL 283RD, DISTRICT COURT, DALIAS COUNTY, TEXAS for processing, Case NO, W09-60181-T(A) Ex Parte Israel Coronel Applicant. I, Israel Coronel received the States Response to Application filed on December 19th, 2014. The Court finds that each of the allegations set forth in the application are controverted unresolved factual issves which require additional evidence and/or testimony to be resolved. Then, later, I received a States Supplemental Response to application for wilt of habeas corpus filed on February 10th, 2015, Because trial Court made an order designating issves previously unresolved facts material to the legality of the applicants confinement exist.
Ministeriall duty is, to receive, file, and timely forward application forwrits of habeas corpus to Coart of Criminal Appeals. 11.078 3(5)
Has been three months passed till this date since I sent that application. Why to long ???
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*9 I would like to receive a notice from Court of Criminal Appeals whether or not the Court of Criminal Appeals received that application for writ 11.07 pro 5 c No. w09-6081-T(A) so it can be reviewed and gave an opinion from the procedural default clearly established a wrongful conviction because it was based in other police report, other police department, other case, which it was since the beginning from the Petitioner's Son, Angel Coronel's case.
Please, send me information of what had happened and took to long of time to send my 11.07 pro se application to the Court of Criminal appeals, and why not the Court of Criminal Appeals received it yet, when already passed three months? Give me a reason for taking too long please.
Thank you very much.
Respectfully submitted Sincerely by: Lasael Coronel Israel Coronel TOC3# 1780509 Pro Se Ramsey One Unit 1100 FM. 655 Rd. Roshurom, TX. 77583
Signed on the 17th, day of March 2015.
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Trial Cause No. F0M-60181-T
From: Israel Coronel # 1780509 Ramsey One Unit Rosbawon, TX, 77583 To: Dallas County Clerk-Carry Fitzsimmons 133 N. Rivetmont, LIS 12 Dallas, Texas
RECIESTING INFORMATION OFCKSE WRITNOWOW-60181-T(A)
Dear Clerk. I am Requesting for information of case No. w04-60181-T(A); I would like to know about my application that you supposed to send forward to the Court of Criminal Appeals at Austin. My application is an 11.07 Habeas Corpus pro se; Please, send it to the Court of Criminal Appeals. My purpose is to resolve this matter, because there are other issues to take in consideration about my case, issves like, in my case did not exists a "Police Report", my case was raised with another police report and other case, as I have investigated, there are rules of how to obtain an indictment, the indictment was made"absent charges, no a affidavit suum and unsigned? In violation of "Due Process of Law".
This is the third time that I send letter asking about my 11.07 pro se Application and you did not answered. Also, you did not answered the Application for Writ of Mondowss, and I need some explanations because I'm illegally detained and deprived of my liberty.
Please, answer to this letter, of Send My Application 11.07 No. w04-60181-T(B) To the Court of Criminal Appeals to be reviewed 'Thank you very much: Sincerely, by Lesael Coronel Isael Coronel Pettifonel Pio SeTQC3#1780509 Ramsey One Unit Rosbawon, TX, 77583 Executed and placed in the Mail box on this the 4th of May 2015.