Case Information
*1 RE: Filing of Writ of Mandamus From Cause No. 11965 (c); From the 2nd Judicial District Court.
Dear Clerk,
Please find enclosed a Petition for Writ of Mandamus.
The Courts filing No. at top of Writ is left open for this Court to insert correct No.
I pray the Court finds this Writ done properly and files it, and that it will achieve its purpose.
As of this date, Relator has not heard any word from the 2nd Judicial District Court concining the Reporters Record This Court sent to them.
Thank You
S efferyd. Werd Wynne Unit, 810 FM 3821 Montaville, TX. 77349
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CAUSE NO. 11865 E) 11-15-00142.-CR
In Re Jeffrey L. Ward Reator V.S.
2nd JUDICIAL DISTRICT COURT of CHEROKEE (OUNITY Respondant
In The TWELFTH COURT OF APPEALS FILED IN COURT OF APPEALS 12th Court of Appeals District
JUN - 12th Eliam TWELATOR'S PETITION FOR WRIT DEATHY'S. LUSK, CLERK
MAUDA/MUS
List of Parties TRIAL COURT IN GENERAL or District Court Judge BASCOW W. BENTRY III.
Jeffrey L. Ward Rekder Wynne Unit: 210 Fm 2821 Huntsville, TX. 77349 Pro-Se
Into the TWELFTH COURT OF APPEALS COME'S NOU Jeffrey L. WADd, requesting this Writ of Mandamus from WRIT No. 11915E) from the 3rd Judicial District Court of Cherokee County, Texas.
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TABLE OF CONTENTS
At Page! - Lists idenities of Parties At Page ii - TABLE OF CONTENTS And LISTENE AUTHORITIES At Page(1) STATEMENT OF THE CASE, Indicating the duty of the Court; Rule 52,3(d)(3). " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " "
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STATEMENT OF THE CASE
Relator filed a Petition for writ of Habess Corous attacking the District Courts findings of guil thy rendered on the 20th day of Nov. 1992.
The writ was filed at the Cherskee Countr Court on Jan. 21 2015. A motion for an Evidentuary Hearing was filed also.
The Code of Criminal Procedure Art. 11:07(3)(d) Indicating Court has some thirty five (35) days to determine issves of the Habeas Petition after which the Petition and all findings and the Petition it self are to be immediately sent to the Court of Criminal Appeals.
Rule 52.3(d)(5): - The District Court or Honorable Judae Bascom W. Bentley III could only have reached one decision, being a Ministerial Decision. That being to follow the law prescribed therein the Code of Criminal Procedure.
STATEMENT OF JU RELDICTION
Relator's Apead of this Conviction was heard in this Court. Also, The Court of Criminal Apeals referred relator to Court of Apeals according to Padilla V. Mc Daniel, 122 S.w. 3d 805 (Tex. Crim. App. 3003). In a prior mandamus.
ISSUES PRESENTED
The issue is simply that the holding of the Relator's habeas Corpus Petition and Motion for evidentuary hearing is not in compliance with prescribed law. See: Art. II: 07 (3)(d)
To obtain Mandamus relief in a criminal case. A Relator must demonstrate, that he does not have an adequate remedy at law to redress an alleged harm and that the act he seeks to compell is ministerial that is, not involving a discretionary or Judicial decision. See: STATE ex rel Young V. sixth Dist. Court of Apeale 236 S.W. 3d 207, 210 (Tex. Crim. App. 2007)(only.Proceeding)
*5 ISSUES PRESENTED
See: Braxton V. Dunn, 803 Sww 2d 318, 320 (Tex.ce App. 1991).C. Mandamus will issue where there is but one proper order to be entered.
STRIEMENT OF FACES
The District Court has related Petition for Habeas Corpus, and has held it now for four (4) months. And according to the Code of Criminal Procedure, plainly stated, the Court has thirty five (35) days to determine, factual issues and immediately send the Petition and pertaining documents to the Court of Criminal Appeals, and they have not done what the law states. Therefore, Relator seeks to compell a Ministerial Act of the Trial Court, SEE. ART-11:07(3)(4).
ARGUEMENT
The argument is simply that the Relator feels that he has a right to have his habeas corpus treated with the respect of the Constitution for which it stands. It is supposed to be a speedy and effective method to litivate an Actual Innocence Claim, certainly not something to keep locked away in a Courts Élite areas. especially kept longer than the law dictates.
PRAYER
Relator prays this Court of Appeals, compell the 2nd Judicial District Court to properly send Relator's habeas Corpus on to Austin. To the Court of Criminal Appeals like all other citizens of this district who file habeas corpus and allow the writ to speak for itself.
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CERTIFICATION
Relator certifies that he has read this Retition and has concluded that every factual statement is supported by competent evidence in the case kow cited herein.
APPENDIX
Relator has no need for extra evidence to utilize in this Appendix.
CERTIFICATE OF SERVICE
By my hand I do swear that a true and correct copy of this foregoing document was mailed to the Honorable Judge Bascom W. Bentley III with the proper postage attached to the 369 Th.Distrid Court of Cherokee County, P.D.Box 287, Rusk,Tx. 75785. And ms. Janet Gates, District Clerk, 1355. Main 2nd floor, Ausk, Tx. 75785 on this the 21ndow of May, 2015.