Case Information
*1 TEXAC Count of Cremenal Appeals CausE Mo. 1117975 D-A CausE Mo. 1118175 - A DARRyl E. Forbes Jr, RELATOR, RECEIVED IN COURT OF CRIMINAL APPEALS v.
THE DESTREET CLEAR. TARRANT COUNTY, RESPONDENT,
LEAVE For Application For Wret of MANDAMUS
To THE Honorable Judge of sadd Court:
COME HOW DARRYL.E. FORBES Jr, RELATGE EN THE ABOVE STYLE HUMBER CAUSE AND MOVE THE COURT FOR WRET OF MANDAMUS Pursuant to TEXAS CODE OF CREMENAL REOCEDURE AETECLE 11.07 SECTION 3 (d) EWEST 2015 J AND SHOUL THE COURT THE FOLLOWING:
JURIS DECTION
THES COURT HAS SUBJECT MATTER JURIS DECTION PURSUANT TO AETECLE 1, SECTION 10; AETECLE 1, SECTION 12; AETECLE 1, SECTION 19 BELL OF REGNTS EN TEXAS CONSTETUTION THE FEFTH AMENDMENT, THE NEUTH AMENDMENT AND FOURTEENTH AMENDMENT TO THE UNETED STATES CONSTETUTION OF AMERICA.
*2
RELIEF SOLGHT
THE Court of CERMENal Appeals is under a MENESTERial DutY To order the DESTRECT Cleft of tarRant County to bMMED EATELY FORWARD THE STATE APPIECRTEDN AND RELATED RECORD PIRSUNNT to Texas Code of CERMENal Procedure ARTCLE II, 07 SECTION 3 (b)
Procedure History
RELATOR WAS CONVECTED BY THE COURT EN THE FOURTH CREMENAL DESTRECT COURT EN TARRANT COUNTY TEXAS EN CAUSE NUMBER 1117975D of Possession of 50 Pounds of Mark Huana and Cause Number 1118175 of Possession WITH ENTENT TO DETEVER A CONTROL SUBSTANCE, ECSTASY THE COURT ASSESSED PUNESHMENT AT 18 YEARS ON EACH COURT OF AN EHDECTMENT,
STATEMENT OF THE CASE
IN SEPTEMBER 2015 RELATOR FELLD A STATE APPIECRTEDN FOR WRET HABEAS CORPUS EN THE TREAL COURT ON OCTOBER 302015 THE STATE ISSUE AN ANSWLER THAT THERE ARE NO CONTROUWATED PIRVIOUSLY UNRESOLVED FACtE To THE LEGALITY OF THE RELATOR'S CONFERENENT WHICH REQLTRE AN EVIDENTEARY HEARING AND RECOMMENDS THAT THE RELIEF REQWEST BE DEWLED.
9Now OF CAUSE
RELATOR ARCURS THE DESTRECT CLEK HAS NO ALITHORITY TO CONTENUE TO HOLD RELATOR'S APPLECATION FOR HABEAS CORPUS RELIEF
*3 AND IS UNDER A MENESTERIAL DUTY TO EMMERDEATELY FORWARD THE APPLECATEON AND RELATED RECORD TO THES COURT OF CHEMENAL APPEALS. RUSWANT TO TEXAS CODE CHEMENAL PROCEDURE ANTICLE II, 07 SECTION 3 (d) EWLEST 2015J, McCrEE v. HAMPTON, 824 S.W. 578,579 (TEX.CR. APN 1992J, MATTEN V. HAMLEN, 25 S.W. 3d 718,719 (TEX. CR. APN 2000).
RELATOR NAS NO ADEQUATE REMEDY AT LAW TO PURSUE THE REQU- ESTED RELLEF OTHER THIS THAN THIS WRIY OF MANDAMUS,
WHERE FORE, RELATOR PRAVE THAT THE COURT ISSUE A WRIY OF MANDAMUS DERECTENC THE DISTRICT CLETK OF TARRANT COUNTY TO EMMERDATELY FORWARD THE HABEAS APPLECATEON TO SAID COURT OF CHEMENAL APPEALS,
RESPETTALLY Sanmyl Tole DARRAL E. FORERS
CERTEFICATE OF SERVICES
THE RELATGE WHERE CERTEFY THAT A TRUE AND CORRECT COPY OF THE FORKOOENG APPLECATEON FOR WRIY MANDAMUS HAS BEEN FORWARD BY UNETED STATES MAIL POSTAGE TO THE COURT OF CHEMENAL APPEALS CLETKES OF FICE, P.D. BOX 12308, CAPETOL STATSON, AUSTEN. TEXAS 78711 EXECUTED ON DECEMBER 14, 2015
RESPECT FLLLY Sanmyl Tole DARRAL E. FORERS
*4 TEXAS COURT OF CREMENAL APPEALS CAUSE NO. 1117975 D CAUSE NO. 1118175 DARAyl E. FOREES JE, v.
THE DISTRECT CLERK, TARRANF COUNTY
MOTION FOR SUSPENSION OF RULE WITH AFFEDANET EN SUPPORT
TO THE HONORABLE JUDGE OF SAED COURT:
COMES NOW DARAyl FOREES JE PRO-SE AN EUMATR AND FELLD MOTION OF SUSPENSION OF RULES WITH SUPPORTING AFFEDANET PURSUNY TO RULE 2 TEXAS APPELLATE PROCEDURE EWEST 2015 J AND SHOW THE FOLLOWING:
1J. SHOWING OF CAUSE:
- RELATOR REGUEST TO FELLE ONE ORIGINAL COPY OF WRIST MANDAHN WITHOUT FELLENG II COPEES SENCE NE'S A STATE PRESONER AND THE TEXAS DEPARTMENT OF CREMENAL JUSTECE ENSTEUTYINGAL DEVEESON HOUSE FACELITY DOES NOT PROVIDE COPEES FOR PRESONER.
WHEREFORE RELATOR PRAYS THAT THE COURT WOLLD GRAHIT SUSPENSION OF II COPEES AND ALLOW RELATOR TO FELLE ONE ORIGINAL WRIST OF MANDAHN,
*5
CertefecatE of serneces
E Herben Certef that a True and Correct Copy of the Suspension of the Rule Motron with Supportsin AFFEDAJET WAE SERNE upon the Court Clerk P.O. Box 12308, CAPITOL STATEON, AUSTEN, TEXAS TETII
EXECUTED ON DECEMBER 14, 2015
RESPECTFULLY
ORDER
ON THIS THE DAY OF 2015, CAME ON TO BE HEARD RELATORS MOT EON OF SUSPENSEON OF RULE WITH SUPPORTING AFFADAJET AND AFTER DUE CONSEDERATION OF THE SAME ETTES SO ORDER THAT THE MOT EON IS CHANTEED/ DENEED; IT IS SO ORDER A HEAR. tNG BE SET FOR 2015
JUDGE PRESEDENG
*6 TEXAS COURT OF CHEMENAL APPEALS CAUSE NO. 11179750 CAUSE NO. 1118175
DARRYL: E. FORBES JE. vs SWORN AFFEDAWIT OF DARRYL E. FORBES JE
THE DESTRECT CLERK, TARRANT COUNTY
MY NAME 20 DARRYL E. FORBES JE, I AM OVER 18 YEARS OF AGE, I AM A RESIDENT OF CHEROKEE COUNTY, TEXAS AND E HAVE GEVEN THIS STATEMENT OF MY OWN FREE WELL AND THE FACTS STATED WITHEN THIS SWIORN AFFEDAWIT ARE TUNE AND CORRECT TO BEST OF MY KNOWLEDGE
THE STATE OF TEXAS DOES NOT PAY ETE PRECONERS FOR WORKING THEREFORE I AM ENDEGENT AND DO NOT HAVE FREENDS OR FAMELY TO SEAD AND MALE COPERS IN A REASONABLE TENE TABLE.
THE TEXAS DEPARTMENT OF CHEMENAL JUSTICE HOUSE UNET LAW LIBRARY DOES NOT PRoWIDE COPIES TO PRESONERS.
DECLARATION
E HEREBY DECLARE UNDER THE PENALITY OF PERIJURY THE ABOVE FORKOOKG IS TRUE AND CORRECT TO BEST OF MY KNOWLEDGE PURSUNIT TO SEC. 132,000, 132,003 TEX. CEL. PRACT. REM. CODE. EXECUTED DECEMBER 14, 2015
AUGUST 2015 = 6h. AFFAANTY
DARRYL E. FORBES JE.
*7
SHAREN WILSON
Criminal District Attorney Tarrant County
October 30, 2015
Mr. Darryl Earl Forbes, Jr.
TDCJ # 1588949
Hodge Unit
P.O. Box 999
Rusk, Texas 75785
RE: EX PARTE DARRYL EARL FORBES, JR. C-4-010610-1117975-A, C-4-010611-1118175-A
Dear Mr. Forbes: Enclosed please find a copy of the State's Response to Application for Writ of Habeas Corpus and a copy of the State's Proposed Memorandum, Findings of Fact and Conclusions of Law which have been filed with the Tarrant County District Clerk's Office, and an unsigned order which will be submitted to the judge for review and signature.
Enc.